McHugh J generated similar statements within the Acquire v This new Southern Wales (2002) 211 CLR 317, 352 fn 95
Presumably, not, frustrated damages arrive in which a state performs from inside the carelessness hence might have been framed when you look at the trespass: Michael Tilbury, Municipal Cures (1990) vol 1, 161
(134) Look for, including, Ian Fagelson, ‘The Past Bastion out of Fault? Contributory Negligence in the Strategies getting Employers’ Liability’ (1979) 42 Modern Rules Review 646, 646, 663; Adrian Brooks, Guidebook to help you Australian Work-related Safety and health Laws (3rd ed, 1988) 94-6; J A great Griffin, ‘Accident Litigation–Current Developments’ (1984) 14(2) Queensland Rules Society Diary 67, 68; Neil Cunningham, Protecting brand new Personnel (1984) six, 240, 360.
(135) Look for, including, Schellenberg v Canal Holdings Pty Ltd (2000) two hundred CLR 121, 161 (Kirby J); Australian Traineeship System v Wafta NSWCA 230 (Unreported, Handley, Giles and McColl JJA, ) (Handley JA); Boyded Marketplace Pty Ltd v Canuto NSWCA 256 (Unreported, Beazley and you will Santow JJA and you may Stein AJA, ) – (Beazley JA).
(136) Come across John Gardner, ‘Crime: In proportion and Perspective’ into the Andrew Ashworth and you will entals of Sentencing Theory: Essays inside the Honour off Andrew von Hirsch (1998) 31, 38-41; Abel, significantly more than n forty-two, 791.
(137) Apparently injunctive recovery try unavailable within the negligence tips within common law: find Cane, ‘Retribution, Proportionality, and you will Moral Chance for the Tort Law’, more than n 8, 161.Read More »McHugh J generated similar statements within the Acquire v This new Southern Wales (2002) 211 CLR 317, 352 fn 95
