Kirby J said that waiting for a modern Parliament to grapple with issues of law reform is like ‘waiting for the Greek Kalends. It will not happen’ and that ‘Eventually courts must accept this and shoulder their own responsibility for the state of the common law’.
Judges:
Gummow, Kirby, Hayne, Callinan, Heydon and Crennan Jj
Citations:
[2006] HCA 58, (2006) 231 ALR 500, (2006) 81 ALJR 439
Links:
Jurisdiction:
Australia
Cited by:
Cited – Patel v Mirza SC 20-Jul-2016
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 02 May 2022; Ref: scu.676818