On 21 October 2005 the High Court of Australia delivered judgment in CSR Limited v. Eddy [2005] HCA 61. Makinson & d'Apice acted the successful appellant in these proceedings, CSR Limited. In summary, the High Court rejected (5-0) the plaintiff's claim for damages for gratuitous care he provided for his wife (who was not a party to his claim against CSR) and held that these damages are not part of the common law of Australia. These damages are known as Sullivan v. Gordon damages, named after the leading case in New South Wales (Sullivan v. Gordon was one of the cases specifically overruled by the High Court).
This case has significant implications for all personal injury claims because it eliminates a potential head of damage entirely.
Contents:
* Article published in the December 2005 edition of the Law Society Journal by Indran Sinnadurai, the partner of Makinson & d'Apice who conducted this litigation for CSR (Page 1)
* A note in the Thompson legal weekly publication "Workers Compensation Report" reporting the judgment (Page 4)
* A full copy of the High Court's reasons for judgment (Page 8)
* A full copy of the reasons for judgment in the Court of Appeal of New South Wales (Page 69)
* A full copy of the reasons for judgment in the Dust Diseases Tribunal of New South Wales (the court at first instance) (Page 80) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
