Category Archives: s. 159

Hanlon v Hanlon [2006] TASSC 1 (19 January 2006)

[2006] TASSC 1

Torts – Negligence – Essentials of action for negligence – Standard of care – Particular persons and situations – Other cases – Boating accident – Driving at excessive speed.

Wyong Shire Council v Shirt [1980] HCA 12; (1979) 146 CLR 40, applied.

Aust Dig Torts [49]

Torts – Negligence – Apportionment of responsibility and damages – Generally – Damages for psychiatric harm on learning of death of husband and child – Alleged that deceased partly responsible for his own death – No reduction for contributory negligence – Wrongs Act has no application.

Wrongs Act 1954 (Tas), s4(1).

Lloyd v Lewis [1963] VR 277; Meadows v Maloney (1973) 4 SASR 567, referred to.

Aust Dig Torts [69]

Torts – Negligence – Fatal Accidents Act legislation – Damages – Measure of damages – Particular heads of damages and factors in assessment – Benefit from deceased husband or father – Measurement of the expectation of the financial benefit – Factors taken into account.

Fatal Accidents Act 1934 (Tas), s5.

Public Trustee v Zoanetti [1945] HCA 26; (1945) 70 CLR 266; Davies v Powell Duffryn Associated Collieries Limited [1942] AC 601, applied.

Aust Dig Torts [142]

Torts – Negligence – Fatal Accidents Act legislation – Damages – Measure of damages – Generally – Gratuitous services – Discount factor 3%.

Common Law (Miscellaneous Actions) Act 1986 (Tas), s4.

Todorovic v Waller [1981] HCA 72; (1981) 150 CLR 402; Nguyen v Nguyen [1990] HCA 9; (1990) 169 CLR 245, applied.

Targett & Anor v Targett [1999] TASSC 87; (1999) 9 Tas R 234, followed.

Aust Dig Torts [140]