Wednesday, April 21, 2010

New HCA Judgments

Two new decisions were handed down today. We'll have the summaries up soon but for now:

Tabet v Gett [2010] HCA 12

This was a medical negligence case concerning the appropriate test and measure for damages in relation to 'loss of a chance'. Loss of a Chance is a vexed area of law on which the High Court's recent practice of unanimity would have been a welcome relief. Alas, whilst all of the Judge's agreed that the appeal should be dismissed. There are three substantive judgments and two separate concurring judgments.
 
Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13
 
This case related to the narrow, but important, issue of 'standing' under the Trade Marks Act 1995 (Cth). Specifically, the Court considers the meaning of 'person aggrieved' under that Act. The Court all agreed (with Crennan J agreeing but writing her own reasons) that the appeal should be allowed.

[UPDATE 2/6/10: lamp post summary is now here.]

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