Date: Mon, 31 Oct 2005 15:12:29 +1100

From: Neil Foster

Subject: High Court of Australia on obviousness in diving cases, damages for lost capacity to care for others

Dear Colleagues;

I thought you might be interested in a file note I have prepared for my undergraduate Torts class on three recent decisions of the High Court of Australia - Vairy v Wyong Shire Council [2005] HCA 62 and Mulligan v Coffs Harbour City Council [2005] HCA 63, both on "obviousness" of risk in diving cases, and CSR Ltd v Eddy [2005] HCA 64, which overturns a line of decisions in Australia stemming from the NSW CA decision in Sullivan v Gordon allowing damages in personal injury cases for the lost capacity of the plaintiff to care for others. These are among the last decisions of McHugh J before he retires (tomorrow my time) on 1 November, and I must say I think that the High Court's tort jurisprudence will sadly miss him.

Regards
Neil Foster

Neil Foster
Lecturer & LLB Program Convenor
School of Law
Faculty of Business & Law
University of Newcastle
Callaghan NSW 2308
AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931

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