Date: Tue, 27 Feb 2007 22:42

From: Neil Foster

Subject: LMC v Montgomery

Dear Colleagues

This is posted on behalf of John Murphy, who is having some technical problems at the moment:

Dear All,

Neil very kindly flagged up the references in the Leichhardt case to the papers that Robert and I produced for the conference last year. But while Kirby J may now feel comfortable with NDDs, I am not sure that everyone on this list (including me, most days) will feel the same. As such, I think it only right that I should draw attention to the other recent academic contribution to the debate on NDDs that was cited in the case: Christian Witting's article in the last issue of the UNSWLJ 2006. It is a pretty radical paper to say the least. And while I disagree with its contents so far as NDDs go (and will be on record as doing so in the summer 2007 issue of the UNSWLJ), I nonetheless consider it very worthwhile reading. So, for those who cannot get enough of this sort of thing, see Witting, "Breach of the Non-Delegable Duty: Defending Limited Strict Liability in Tort", (2006) 29(3) University of New South Wales Law Journal 33.

John M

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