(High Court of Australia) The plaintiff sought damages having been put to severe fright by a shot fired by her employer, the defendant, who had stated an intention to shoot someone, gone to a local thoroughfare with a gun, produced it and fired it.
Held: The word ‘calculated to’ were to be taken include those things which were ‘naturally to be expected’ to result from the conduct. However, it was sufficient to dispose of the appeal that the majority found the acts of the defendant were not ‘calculated or likely to cause harm to any person’
Judges:
Latham C.J., Rich, Dixon, Evatt and McTiernan JJ
Citations:
(1937) 57 CLR 1, [1937] HCA 5, [1937] ALR 204
Links:
Jurisdiction:
Australia
Citing:
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited by:
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 16 May 2022; Ref: scu.566202