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Australia Leading Case uncategorized

Sutherland Shire Council v Heyman

[1985] HCA 41; (1985) 157 CLR 424
JurisdictionAustralia
CourtHigh Court of Australia
Year1985
StatusBinding authority

Key Principle

Novel categories of negligence should be developed incrementally and by analogy with established categories, with the relationship of proximity serving as the touchstone for whether a duty of care is owed; public authorities exercising statutory powers are subject to ordinary negligence principles.

Area of Law

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Related Cases

New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511
Bryan v Maloney [1995] HCA 17; (1995) 182 CLR 609
Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479

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