From: Jason Neyers <jneyers@uwo.ca>
To: obligations@uwo.ca
Date: 22/05/2015 11:19:23 UTC
Subject: ODG: The Tort of Intimidation

Dear Colleagues:
 
Those of you interested in the Economic Torts will be interested to know that the High Court of Australia has denied leave in the case of CFMEU v Boral.  This was the case in which the plaintiff had sought to have the High Court excise the tort of intimidation from the common law of Australia.  A transcript can be found at:
http://www5.austlii.edu.au/au/other/HCATrans/2015/122.html.
 
I found some of the exchanges quite assuming, especially when Keane J asked whether any Australia textbook fails to mention the tort.  If the content of Australian law is set by the textbooks what need is there of the judges?
 
Sincerely,
 
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Jason Neyers
Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435