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Ninth edition
 Detailed Contents

13 Breach of Statutory Duty 699

Does the Statute Confer on the Plaintiff a Right to Sue? 703
Was the Plaintiff a Member of the Protected Class? 712
Was the Statute Directed at Preventing the Kind of
Harm Suffered by the Plaintiff? 714
The Statutory Duty Must Have been Imposed
on the Chosen Defend ant 716
Has the Statute Been Breached? 718
Causation and the Onus of Proof 722
Defences, Contribution and Proportionate Liability 724
14 Loss Distribution Mechanisms: Vicarious Liability, Non-Delegable Duties,
Contribution between Tortfeasors and Proportionate Liability 739
Introduction to Loss Distribution Mechanisms 740
Vicarious Liability: Introduction 741
Vicarious Liability: The Existence of a Relationship
of Employer and Employee 744
Vicarious Liability: Acting in the Course of Employment 748
Vicarious Liability: The Employer’s Right to a Contribution or Indemnity
from the Employee 756
Non-Delegable Duties 757
Contribution between Tortfeasors and Proportionate Liability 764
15 Nuisance 783
Two Types of Private Nuisance 784
Private Nuisance by Interference with Use and
Enjoyment of Property Rights 785
Private Nuisance by Material Physical Damage; Strict Liability
in Nuisance and the Onus of Proof 797
Private Nuisance and Personal Injuries 802
Private Nuisance: Who Has Standing to Sue? 804
Private Nuisance: Who May Be Found Liable? 808
Statutory Authorisation as a Defence to an
Action in Private Nuisance 815
Contributory Negligence as a Defence to an Action
in Private Nuisance 818
Remedies in Private Nuisance 819
Public Nuisance 825
16 Trespass to the Person 845
Battery 848
Assault 853
False Imprisonment 858
The Onus of Proof and Negligent Trespass 864
The Effect of Statutory Reform 869
17 Trespass to Land 881
What is 'Land ’ for the Purposes of Trespass to Land? 883
The Plaintiff’s Title to Sue in Trespass 887
The Effect of Consent or Other Authorisation 890

xi
 FOCUS Torts

18 Intentional Torts Relating to Goods 905

Trespass to Goods 906
Conversion 911
Detinue 926
19 Defences to and Remedies for Intentional Torts 939
Defences 940
Necessity 941
Self-Defence, Provocation and Defence of Another 943
Protection of Property and Goods, Re-Entry on Land and
Recaption of Goods 946
Contributory Negligence 949
Consent, Inevitable Accident and Mistake 952
Statutory Authorisation 953
Remedies 954
20 Defamation 985
What Makes a Publication Defamatory? 987
Publication 993
Who May Bring an Action in Defamation? 994
Defences 995
Remedies 1012
21 Revision 1025
Critique of Negligence: Persona川 njuries, No-Fault
Compensation and Reform 1025
Comprehensive Revision Problem
Domain City Protests 1027
Discussion for Comprehensive Revision Problem 1030
Additional Problems for your Consideration
Daisy Bay - Revisited 1066
Additional Anguish in Daisy Bay
A Negligence Focus (with Some Defamation, for Good Measure) 1070
And One Final Problem for the Road
An Aspirationville Tale 1073

Index 1077

xii
 FOCUS Torts

that are relevant to the particular jurisdiction in which they are interested. On the
other hand, we anticipate that many students will be interested other Australian
jurisdictions' legal regimes, even when those regimes differ from their own.
As part of the Focus series, this book is designed with the following overall aim in
mind: to explain and explore the concepts of the law of torts in as 'reader-friendly’
a manner as possible and to illustrate the process of arguing for solutions to factual
problems. To help guide readers, each chapter includes a list of objectives, key cases
on the topic or topics covered in the chapter, and key legislative developments,
where relevant. Tables are used at several points to help summarise jurisdictional
differences that have resulted from legislative interventions.
Chapters include ‘ Further reading ’ lists, with references to texts, casebooks and
journal articles, as well as ‘ Further discussion' questions, which focus on interesting
and/or controversial themes and emerging issues. We also have provided a problem
in every chapter (except for Chapter 1) that describes a hypothetical fact situation
and then asks readers to advise the parties on both sides of a dispute. (These are the
remaining vestiges of the weekly tutorial problems that were part of the 自rst edition
from 1992, which was the 自rst in the now-defunct Butterworths Tutorial Series.)
With two exceptions, the sample responses are described as ‘ Discussion: arguments
for' the respective parties, to highlight the fact that the reader ’ s aim should be to
produce plausible arguments based on the materials in the chapter, and not to seek
'perfect answers', in the sense of a supposedly 'correct ’ legal analysis of the factual
situation. In Chapter 2 (‘ Overview of Negligence') and Chapter 21 ('Revision’), we
provide consolidated responses, because those chapters serve different objectives.
The problems are set in jurisdictionally generic locales or communities such
as Daisy Bay and Serenity Springs. Therefore, the discussion takes the reader on
a journey through Australia ’ s different jurisdictions, to see how each one would
respond to the legal issues, having regard to specific legislative regimes as well
as the relevant common law principles. The discussion compares how some of
the most noteworthy statutory changes affect the claim. However, as we note in
Chapter 2, 'Overview of Negligence ’, because of the nature of that chapter - in a
sense, an outline - the intricacies of every jurisdictions' statutory developments
are not explored in detail. That level of detail is left to later chapters' arguments.
We also have included an additional problem in each chapter, without responses,
to encourage further discussion of how to apply the material explored in the chapter.
In Chapter 8 ('Economic Loss') we include two unanswered problems, which
address two different types of purely economic loss, and in Chapter 21 ('Revision ’)
we provide three unanswered problems, to give readers an opportunity to test their
comprehensive understanding.
Several signi自cant and interesting decisions have been handed down since the
last edition was published. These include: Armstrong v Mcintosh (No 4); Bevαn
v Coolahαm Binsaris v Northern Territory; Boχell v Peninsula Health; Corpo 了α.tion
of the Synod of the Diocese of Brisbane v Greenway; Gill v Ethicon Sarl (No 5);
Kempsey Shire Council v Five Star Medical Centre Pty Ltd; Latz v Amaca Pty Ltd;
Meyers v Commissioner for Social Housing; Nationwide News Pty Ltd v Rush;
New South Wales v Le; Optus Administration Pty Ltd v Wright; Queensland v Mαsson;

xiv
We have remarked in the prefaces to previous editions of this book that torts
teachers face some difficult questions about how to teach the subject, which was
traditionally one of the vehicles for teaching common law methods to first year
students. The truth is that the Australian law of torts is now as much an exercise of
statutory interpretation as it is the application of common law principles. With each
new edition of this book, it becomes more apparent how much the unamended
common law is declining in significance in many jurisdictions.
Three chapters are now almost entirely concerned with, and structured around,
legislative provisions: see chapters 7 (Liability of Public Authorities), 9 (Mental
Harm) and 12 (Assessment of Damages for Personal Injuries). Another five
chapters deal with areas of the law that have been so comprehensively modified by
legislation that the important new cases are mainly about the meaning of statutory
language and the application of statutory provisions: see chapters 3 (Standard of
Care), 4 (Factual Causation and Scope of Liability), 10 (Contributory Negligence),
11 (Other defences) and 20 (Defamation). Only the chapters on nuisance and the
trespassory torts remain largely the province of the common law.
The following High Court decisions have all been rendered either partly or wholly
insigni自cant in a number of jurisdictions as a result of legislative change, although
torts teachers will recognise that all were once of key importance to our subject:
Planet Fisheries Pty Ltd v La Rosa; Griffiths v Kerkemeyer; Sutherland Shire Council
v Heyman; Jaensch v Coffey; Pyrenees Shire Council v Day; Crimmins v Stevedoring
Industry Finance Committee; Grincelis v House; Brodie v Singleton Shire Council;
CSR Ltd v Eddy; Graham Barclay Oysters Pty Ltd v Ryan; Tame v New South Wales;
Stuart v Kirkland-Veenstra. (For teachers of similar vintage to ourselves, ask yourself
how Meyers v Commissioner for Social Housing, in Chapter 7, would have been
decided under the principles stated by the High Court in Sutherland Shire Council
v Heyman.)
If the goals of legal education include, even in part, preparing students for legal
practice, it must now be recognised that this cannot be done in the area of torts
without a detailed focus on the legislation relating to personal injury compensation.
It is simply no longer accurate to structure a torts course just around the common
law.
Nevertheless, it is impossible to understand the present law without understanding
why the legislation takes its present form. We continue to try to show how the
legislation grew out of or responded to the common law position that preceded
it. As in previous editions, we have done our best to describe the law in all eight
Australian jurisdictions, without, where possible, privileging any particular state or
territory. We also hope that we have shown clearly where there is uniformity and
where there is difference. Readers may wish to 'cherry-pick’ only those passages

xiii
 Preface

Sell Your Gold Pty Ltd v Australian Diamond Trading Co 叩 Pty Ltd; Sills
v New South Wales; Sparks v Hobson; Sydney Local Health District v Gould and
Trkulja v Google LLC. These cases have been incorporated in one way or another
into this edition.
Martin Davies rewrote and updated chapters 5 to 9 and 12 to 20. Ian Malkin
rewrote and updated chapters 1 to 4, 10, 11 and 21, and took responsibility for
the problems and discussion. The authors would like to thank Edward Caruso
(Eddie the editor) for his outstanding editorial work, exceptional attention to detail
and incredible capacity to turn things around very, very quickly, for which we are
grateful. And, as always, thanks to Jocelyn Holmes for her terrific leadership and
understanding; and thanks to the rest of the team at LexisN exis Butterworths, for
helping steer the text towards completion.
Thanks to Jeremy Armour, Priyanka Banerjee, Andrew Butler, Lachlan Paterson
and Miranda Stewart for their stellar work as research assistants on this edition.
Their first-rate skills and consummate professionalism are very much appreciated.
Continued thanks to those assistants who helped in various ways with previous
editions, where aspects of their contributions remain: Shueh Hann Lim for writing a
broadband-related problem (dragging Ian, several years ago, kicking and screaming,
into the cyberspace era); Natalie Burgess, Matthew Caldow, Julian Chant, Thomas
Diaz, Jason Forte, Katherine France, Kanana Fujimori, Irene Han, Jeremy Masters
and Xavier Nicolo for their research assistance dating back to 2002, as well as help
with setting up charts and providing ideas for a few 'additional ’ problems; and
Liam McGilchrist, for suggesting that Bollywood be brought to torts and for naming
'Aspirationville'.
Ian would also like to thank colleagues and students at Melbourne Law School
for their insights, friendship and good humour. In particular, he would like to
thank the Law School ’ s remarkable Deputy Dean (now former, after 4 V2 tireless
years), Professor Matthew Harding, for his support. He also would like to thank his
partner, artist Ande K Terare, for his genuine interest in and willingness to engage
with legal doctrine. Ande also painted the wonderful painting that appears on the
cover of this edition. As requested by the artist, in lieu of a licence fee, a donation
has been made in Ande ’ s name to the Royal Melbourne Children ’ s Hospital. Ian
also can ’ t help but thank Cino, his and Ande ’ s spritely, slightly naughty, adorable
Pugalier, who, during the last four years, has brought endless joy to each day (and
surprisingly only features peripherally in one of the problems (as Thistle)). Ian got
through the pandemic thαnks to Cino being by his side, while he (Ian) typed away
on his 'home office' dining table.
Both authors thank Associate Professor Jason Bos land for his assistance and
advice. Finally, thanks to Professor Harold Luntz AO, not only for a fascinating
and lively conversation about taxation and superannuation issues in the context of
damages awards, but also, most importantly, for his long and inspirational career
as an exemplary torts scholar.
Anyone who has read the Prefaces to previous editions (which is unlikely to be
anyone except the two of us), will know that Martin welcomes new members of
his family with surprising frequency. He is as happy to report no new arrivals as he

xv
 FOCUS Torts

has previously been happy to greet them. The count still stands at 自ve daughters
(Lydia, Gloria, Julia, Eleanor and Beatrice), and will remain there for the foreseeable
future. Martin thanks his wife Erinn for pretty much everything, really. He would
be lost without her.
Any law book must have an arbitrary cut-off date beyond which no developments
can be considered. In the case of this edition, the cut-off date for the manuscript
submitted to the publisher was July 2020, with one exception, at 3.13 (Queensland
v Masson at the High Court of Australia).
Martin Davies
New Orleans
Ia；孔 Malkin
Melbourne
August 2020

xvi
The authors and publishers are grateful to the holders of copyright in material from
which extracts appear in this work, particularly to the following:
L Bender, 'A Lawyer's Primer on Feminist Theory and Tort' (1988) 38 Journal of
Legal Education 3 (extract).
P Cane, ‘Reforming Tort Law in Australia: A Personal Perspective’(2003) 27
Melbourne University Law Review 649 (extract).
R Davis, 'The Tort Reform Crisis' (2002) 25 University of New South Wales Law
Journal 865 (extract).
R Graycar, ‘Public Liability: A Plea for Facts' (2002) 25 University of
New South Wales Law Journal 810 (extract).
H Luntz, 'Reform of the Law of Negligence: Wrong Questions - Wrong Answers'
(2002) 25 University of New South Wales Law Journal 836 (extract).
Hon JJ Spigelman AC, ‘ Negligence: The Last Outpost of the Welfare State'
(2002) 76 The Australian Law Journal 432 at 451. This extract has been republished
with permission from Thomson Reuters. It was 白rst published in The Australiαn
Law Journal. For more information or to purchase this article or subscribe to
The Australian Lαw Journal, please visit < http://sites.thomsonreuters.com.au/
journals/subscribe-or-purchase/> . Should you wish to reproduce this article,
either in part or in its entirety, in any medium, please ensure you seek permission
from the Thomson Reuters Permissions Officer. Please email any enquiries to LTA.
permissions@thomsonreuters.com.
The Incorporated Council of Law Reporting for England and Wales, Megarry
House, 119 Chancery Lane, London WC2A lPP, England < www.iclr.co.uk >. The
Law Reports (extracts from cases) are reproduced with permission.
The state of Western Australia, Civil Liability Act 2002 (extracts). Western
Australian statutory materials are reproduced with permission of the copyright
owner, the state of Western Australia, but such materials do not purport to be the
official or authorised versions.
The Treasury, Reform of Liability Insurance Law in Australia, Commonwealth of
Australia, 2004, reproduced with permission (extract).
While every care has been taken to establish and acknowledge copyright, the
publishers tender their apologies for any accidental infringement. They would be
pleased to come to a suitable arrangement.

xvii
 References are to paragraphs
532 Madison Ave Gourmet Foods Inc
v Finlandia Center Inc, 750 NE 2d 1097 (NY,
2001) . ... 8.50
A MVR 80; [2010] NSWCA 328 . ... 7.24
AAI Ltd v Marinkovic [2017] 2 Qd R 672
.... 12.33, 12.50
Abdallah v Newton (1998) 28 MVR 364, 366
.... 3 .6 7
ABN AMRO Bank NV v Bathurst Regional
Council (2014) 224 FCR 1 .... 8.10, 8.29
Ackland v Stewart [2014] ACTSC 18 .... 11.31
ACN 087 528 774 Pty Ltd (formerly Connex
Trains Melbourne Pty Ltd) v Chetcuti (2008)
21 VR 5 5 9 . . . . 16. 15, 16 .1 7, 16. 18, 16. 2 0
ACN 116 746 859 (formerly Palermo Seafoods Pty
Ltd) v Lunapas Pty Ltd [2018] NSWCA 203
... 19. 30
ACQ Pty Ltd v Cook (2008) 72 NSWLR 318
.... 13. 2
Adams v Kennedy (2000) 49 NSWLR 78
.. 16.24
Adams by her next friend 0 ’ Grady
v New South Wales [2008] NSWSC 1257
.... 4. 50
Adamson v Motor Vehicle Insurance Trust (1957)
58 WALR 56 .... 3.8
Adeels Palace Pty Ltd v Moubarak (2009) 239
CLR 420; 260 ALR 628 .... 2.7, 3.32, 3.44, 4.5,
4.8, 4.9, 4.14, 4.17, 4.21, 4.22, 4.26, 4.48
AFA Airconditioning Pty Ltd v Mendrecki (2008)
101 SASR 381 .... 12.31
Agar v Hyde (2000) 201 CLR 552; 173 ALR 665
... 3 .68
Age Co Ltd v YZ (a Pseudonym) [2019] VSCA 313
... 4.16
Air Manymak v Jeffs [2006] NTCA 12 .... 12.38
Al Mousawy v Howitt-Stevens Construction Pty
Ltd [2010] NS飞NSC 122 .... 4.9
Alameddine v Glenworth Valley Horse Riding Pty
Ltd [2015] NSWCA 219; (2015) 324 ALR 355;
(2015) Aust Torts Reports 182-234 .... 11.31,
11.37
Alcoa of Australia Ltd v Apache Energy Ltd
[2012] WASC 209 .... 13.4, 13.12, 13.17
Alcoa Portland Aluminium Pty Ltd v Victorian
Workcover Authority (2007) 18 VR 146
.... 12.23
Alexander v Heise [2001] NSWSC 69 .... 6.13
Allen v Chadwick (2015) 256 CLR 148 .... 10.44,
11.20
xix
-v 一（No 2) [2014] SASCFC 130 . ... 12.14
Allianz Australia Insurance Ltd v GSF Australia
Pty Ltd (2005) 221 CLR 568; 215 ALR 385
.... 13. 30
- v Roads and Traffic Authority (NSW) (2010) 57
Amaca Pty Ltd v Booth (2011) 246 CLR 36; 283
ALR 461 .... 4.16, 4.21
- v Ellis (2010) 240 CLR 111; 263 ALR 5 76
... 4.14, 4.15, 4.16, 4.17, 4.22
- v Hannell (2007) 34 WAR 109 . ... 4.31
- v King (2011) 35 VR 280; [2011] VSCA 447
... 12. 78, 12.82
- v Moss [2007] WASCA 162 .... 4.31
- v New South Wales (2003) 199 ALR 596 . ... 7.15
-v 一（2004) 132 LGERA 309 .... 7.7, 7.10, 7.15,
7.21, 7.27
- v Tullipan [2014] NSWCA 269 . ... 4.16
Ambulance Service of New South Wales v Worley
[2006] NSWCA 102 . ... 3 .13
Amcor Ltd v Peter J Ramsay & Associates Pty Ltd
[2018] vsc 75 .... 8.25
American Cyanamid Co v Ethicon Ltd [1975] AC
396 .... 15.50
Ammon v Colonial Leisure Group Pty Ltd [2019]
WASCA 158 .... 15.4, 15.7
Anchor Products Ltd v Hedges (1966) 115 CLR
493 .... 4.32
Anderson v Mount Isa Basketball Association Inc
(1997) Aust Torts Reports 181-451 . ... 3.36
Anderson Formrite Pty Ltd v Baulderstone Pty
Ltd (No 7) [2010] FCA 921 . ... 18.26, 18.34
Anderson Group Pty Ltd, The v Tynan Motors Pty
Ltd (2006) 65 NSWLR 400 .... 18 .19
Andreae v Selfridge & Co Ltd [1938] Ch 1; [193 7]
3 All ER 255 .... 15.8, 15.18
Angel v Hawkesbury City Council (2008) Aust
Torts Reports 181-955; [2008] NSWCA 130
... 11.26, 11.27
Anikin v Sierra (2004) 211 ALR 621 .... 3.69,
10.31, 10.32
Animal Liberation (Vic) Inc v Gasser [1991] 1 VR
51 .... 15 .15, 15 .29
Annett Holdings Inc v Kum & Go LLC, 801 NW
2d 499 (Iowa, 2011) .... 8.50
Anns v Merton London Borough Council [1978]
AC 728 .... 7.33
Anwar v Mondello Farms Pty Ltd (2015) 123
SASR 321 .... 4.60, 9.8, 9.9
Apache Energy Ltd v Alcoa of Australia Ltd
(No 2) (2013) 45 WAR 379; 307 ALR 376
.... 8.40
 FOCUS Torts
Apostolic Church Australia Ltd v Dixon (2018) 85
MVR 395; [2018] WASCA 146 .... 10.11
Armellin v Ljubic [2009] ACTCA 22 .... 16.32
Armstrong v Hastings Valley Motorcycle Club
Ltd (2005) 44 MVR 51; [2005] NSWCA 207
... 13.15
- v Mcintosh (No 4) [2020] WASC 31 .... 20.4,
20.8, 20.32
Arthur Robinson (Grafton) Pty Ltd v Carter
(1968) 122 CLR 649; [1968] ALR 257 .... 12.13
AS v Minister for Immigration and Border
Protection (2016) 312 FLR 67; [2016] VSCA 206
.... 13.12
Ascic v Westel Co-operative Ltd (1992) Aust Torts
Reports 181-159 .... 3 .15
Ashby v Tolhurst [1937] 2 KB 242 .... 18.29,
18.32
Asim v Penrose [2010] NSWCA 366 .... 10.32
Associated Provincial Picture Houses Ltd
v Wednesbury Corporation [1948] 1 KB 223
. . . . 7. 2 3, 7. 24, 7. 2 6, 7. 2 8, 7. 3 0
Astley v Austrust Ltd (1999) 197 CLR l; 161 ALR
155 .... 10.9, 13.32
Atanaskovic (t/as Atanaskovic Hartnell) v Birketu
Pty Ltd [2019] NSWSC 1006 .... 14.19, 14.20
Atherden v Caldipp [2019] ACTSC 29 .... 10.18
Atlas Tiles Ltd v Briers (1978) 144 CLR 202; 21
ALR 129 .... 12.48, 12.49, 12.50
Attorney-General v Blake [2001] 1 AC 268
.... 19.37
- v Carter [2003] 2 NZLR 160 .... 8.48
- v PYA Quarries Ltd [1957] 2 QB 169 .... 15.57,
15.58
- v Strathboss Kiwifruit Ltd [2020] NZCA 98
... 8.49
Australia and New Zealand Banking Group Ltd
v Haq [2016] NSWCA 93 .... 10.32
Australian Broadcasting Corp v Lenah Game
Meats Pty Ltd (2001) 208 CLR 199; 185 ALR 1
... 15.12
- v O ’ Neill (2006) 227 CLR 57; 229 ALR 457
... 15. 50
Australian Coarse Grain Pool Pty Ltd v Barley
Marketing Board (1982) 46 ALR 398 .... 15.50
Australian Executor Trustees Ltd v Propell
National Valuers (WA) Pty Ltd [2011] FCA 522
.... 8.22
Australian Guarantee Corp Ltd v Commissioners
of the State Bank of Victoria [1989] VR 617
... 18.22
Australian Iron and Steel Pty Ltd (1957) 97 CLR
89 .... 13.17
Australian Safeway Stores Pty Ltd v Zaluzna
(1987) 162 CLR 479; 69 ALR 615 .... 3.70
Australian Securities and Investments
Commission v Rich (2005) 220 ALR 324
... 18. 7
Australian Staging and Rigging: Events Pty Ltd
(in liq) v Elite Systems Australia Pty Ltd [2016]
SASC 204 .... 18.22
xx
Avopiling Pty Ltd v Bosevski (2018) 98 NSWLR
171 .... 12.38
Avram v Gusakoski (2006) Aust Torts Reports
181-836; [2006] WASCA 16 .... 10.37, 10.43
Avwest Aircraft Pty Ltd (as trustee for Avwest
Aircraft Trust) v Clayton Utz (a firm) [2018]
WASC 167 .... 4.26
Axiak v Ingram (2012) 82 NSWLR 36; [2012]
NSWCA 311 .... 10.30, 10.32
Aycicek v Flowline Industries Pty Ltd [2019]
VSCA 37 .... 10.32
Ayre v Swan [2019] NSWCA 202 .... 10.31
B
Backwell v AAA [1997] 1 VR 182 .... 12.84
Badenach v Calvert (2016) 257 CLR 440; 331 ALR
48; 90 ALJR 610; [2016] HCA 18 .... 4.25, 4.26,
5.25
Bader v Jelic [2011] NSWCA 255 .... 3 .64, 3 .66
Baker v Bolton (1808) 1 Camp 493; 170 ER 1033
... 8.39
- v Quantum Clothing Group Ltd [2011] UKSC
17; [2011] 1 WLR 1003 .... 13.29
Balven v Thurston [2013] NSWSC 210 .... 9.19,
16.18
Bamford v Turnley (1862) 3 B & S 66; 122 ER 27
... 15 .4
Bankstown City Council v Alamdo Holdings Pty
Ltd (2005) 223 CLR 660; 221 ALR 1 .... 15.47,
15.53, 15.54, 15.55
Barbagallo v J & F Catelan Pty Ltd [1986] 1 Qd R
245 .... 15.51
Barclay v Penberthy (2012) 246 CLR 258; 291
ALR 608 .... 5.25, 5.27, 8.39, 8.40
Barker v Corus (UK) Ltd [2006] 2 AC 572; [2006]
3 All ER 785 .... 4.20
- v R (1983) 153 CLR 338; 47 ALR 1 .... 17.21
Barnett v Chelsea and Kensington Hospital
Management Committee [1969] 1 QB 428
... 4. 5
Barrow v Bolt [2015] VSCA 107 .... 20.32
Barton v Armstrong [1969] 2 NSWR 451 .... 16.18
Basha v Vocational Capacity Centre Pty Ltd
[2009] NSWCA 4 .... 3 .47
Batchelder v Holden Ltd [2009] VSC 29 .... 1.23
Bathurst Regional Council v Thompson (2012)
191 LGERA 182 .... 7.20
Battiato v Lagana [1992] 2 Qd R 234 .... 16.2,
16.6, 19.23
Bauer Media Pty Ltd v Wilson (No 2) (2018) 56
VR 674; 361 ALR 642 .... 20.33, 20.34, 20.35
Baulkham Hills Shire Council v AV Walsh Pty Ltd
[1968] 3 NSWR 138; 15 LGRA 338 .... 15.52
Bazley v Curry [1999] 2 SCR 5 34 . . . . 14 .12
Belbin v Lower Murray Urban and Rural Water
Corp [2012] VSC 535 .... 20.29
Bell v Western Australia (2004) 28 WAR 555
.... 14.4
Benham v Gambling [1941] AC 157 .... 12.81
 FOCUS Torts
Brunoro v Nebelung [2017] ACTCA 26 .... 12. 71
Bryan v Maloney (199 5) 182 CLR 609; 128 ALR
163 .... 8.41, 8.42, 8.44, 8.49
BT v Oei [1999] NSWSC 1082 .... 6.13
Bucic v Arnej Pty Ltd [2019] VSC 330 .... 10.17
Buckle v Bayswater Road Board (1936) 57 CLR
259 .... 7.39
Bugge v Brown (1919) 26 CLR 110 .... 2.11, 14.17,
14.18
Bujdoso v New South Wales (2004) 151 A Crim R
235 .... 3.53, 4.50
Bujdoso v New South Wales (2007) 69 NSWLR
302 .... 6.9, 6.10
Bulli Coal Mining Co v Osborne [1899] AC 351
.... 17 .10
Bunnings Group Ltd v CHEP Australia Ltd (2011)
82 NSWLR 420 .... 18.11, 18.28, 18.29, 18.30,
19.36, 19.38
Bunyan v Jordan (1937) 57 CLR 1 .... 9.16
Burke v Forbes Shire Council (1987) Aust Torts
Reports 180-122 .... 8.26
Burnett v Randwick City Council [2006] NS飞NCA
196 .... 18.12
Burnie Port Authority v General Jones Pty Ltd
(1994) 179 CLR 520; 120 ALR 42 .... 1.4, 5 .28,
14.29, 15.19, 15.20
Bus v Sydney County Council (1989) 167 CLR 78;
85 ALR 577 .... 3 .36
Butler v Egg and Egg Pulp Marketing Board
(1966) 114 CLR 185 .... 19.33
Butler Market Gardens Pty Ltd v GG & PM Burrell
Pty Ltd [2018] VSC 768 .... 15.16
-v 一［2020] VSCA 31 .... 15 .16
Butterfield v Forrester (1809) 11 East 60; 103 ER
926 .... 10.1, 10.4
Buurabalayji Thalanyji Aboriginal Corporation
v Onslow Salt Pty Ltd (No 2) [2018] FCA 978
.... 17.16
Byrne v Australian Airlines Ltd (1995) 185 CLR
410; 131 ALR 422 .... 13.11, 13.17
Bywell Castle, The (1879) LR 4 PD 219 .... 10.20
c Road Transport Board [1942] AC 509 .... 14.16
C v Holland [2012] 3 NZLR 672 .... 15.12
Caffrey v AAI Ltd [2019] QSC 7 .... 9.6
CAL (No 14) Pty Ltd (t/as Tandara Motor Inn)
v Motor Accidents Insurance Board (2009) 239
CLR 390; 260 ALR 606 .... 2.3, 5.26, 6.14, 6.15
Caltex Oil (Australia) Pty Ltd v The Dredge
‘飞Nillemstad’（ 1976) 136 CLR 529; 11 ALR 22 7
... 5.18, 5.24, 8.3, 8.32, 8.33, 8.34, 8.35, 8.37,
8.40, 8.42, 8.45, 8.46, 8.47, 8.49
Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75
NS WLR 64 9 . . . . 2. 8, 5. 2 7, 5. 28
Cam & Bear Pty Ltd v McGoldrick [2018] NSWCA
110 .... 10.27
Cambridge Water Co v Eastern Counties Leather
plc [1994] 2AC264 .... 15.17
Campbell v Hay [2014] NSWCA 129 .... 11.31
xxii
Canadian National Railway Co v Norsk Pacific
Steamship Co [1992] 1 SCR 1021 .... 8.49
Candler v Crane Christmas & Co [19 51] 2 KB 164
... 8. 6
Candlewood Navigation Corp Ltd v Mitsui OSK
Lines Ltd: The Mineral Transporter [1986] AC
1 .... 8.46, 8.47, 8.48, 8.49
Capar v SPG Investments Pty Ltd [2019] NSWSC
507 .... 6.11, 6.23
Caparo Industries plc v Dickman [1990] 2 AC 605
.... 5.22, 5.23, 5.27, 8.34
Captain v Wosomo [2018] 1 Qd R 222; (2017) 80
MVR 241; [2017] QSC 86 .... 11.45
Carangelo v New South Wales [2016] NSWCA
126 .... 4.21
Carey v Lake Macquarie City Council (2007)
Aust Torts Reports 181-874; [2007]
NSWCA 4 .... 10.11, 10.17, 11.2, 11.16, 11.25,
11.26, 11.27
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd
(2004) ATPR 142-014; [2004] FCA 853 .... 1.23
Carrier v Bonham [2002] 1 Qd R 474 .... 3.8
Carroll v Lewitzke (1991) 56 SASR 18 .... 10.23
Carson v John Fairfax & Sons Ltd (1993) 178 CLR
44 .... 20.33
Carter v Hastings River Greyhounds Racing Club
[2019] NSWSC 780 .... 10.11, 11.31
- v Walker (2010) 32 VR 1 .... 16.11, 16.32
Cartwright v McLaine & Long Pty Ltd (1979) 143
CLR 549; 24 ALR 97 .... 15.42
Casley v Commonwealth (1980) 30 ALR 38
... 16.24, 19.21
Casley-Smith v FS Evans & Sons Pty Ltd (No 5)
(1988) 67 LGRA 108 .... 15.32
Castle v St Augustine ’ s Links Ltd (1922) 38 TLR
615 .... 15.60
Cattanach v Melchior (2003) 215 CLR 1; 199 ALR
131 .... 4.39, 4.56, 12.2, 12.3, 12.4
Central Darling Shire Council v Greeney [2015]
NSWCA 51 .... 4.26
Central Highlands Regional Council v Geju Pty
Ltd [2018] 3 Qd R 550 .... 8.20, 8.29
Century Insurance Co Ltd v Northern Ireland
CES v Superclinics (Aust) Pty Ltd (1995) 38
NSWLR 47 .... 4.39
CG Maloney Pty Ltd v Hutton-Potts [2006]
NSWCA 136 .... 2.19, 11.26, 11.27
Chairman, National Crime Authority v Flack
(1998) 86 FCR 16; 156 ALR 501 .... 18.13,
18.26
Chakravarti v Advertiser Newspapers Ltd (1998)
193 CLR 519 .... 20.6
Chan v Sellwood [2009] NSWSC 1335 .... 15.12
Chandley v Roberts [2005] VSCA 273 .... 10.19
Channel Seven Adelaide Pty Ltd v Manock (2007)
232 CLR 245; 241 ALR 468 .... 20.26, 20.28
Chaplin v Dunstan Ltd [1938] SASR 245 .... 14.16
Chapman v Hearse (1961) 106 CLR 112; [1962] ALR
379 .... 4.43, 4.44, 4.56, 5.9, 5.11, 5.17, 14.38
 Table of Cases
Benjamin v Storr (1874) LR 9 CP 400 .... 15.58,
15.59
Bennett v Minister for Community Welfare (1992)
176 CLR 408; 107 ALR 617; [1992] HCA 27
. . . . 4 . 1, 4 . 5, 4 . 19 , 4 .31, 4 .44, 4 .4 5
- v Tugwell [1971] 2 QB 267 .... 11.36
Bennetts v Honroth [1959] SASR 170 .... 15.52
Benning v Wong (1969) 122 CLR 249 .... 15.22
Berhane v Woolworths Ltd [2017] QCA 166
... 4.17
Bernstein of Leigh (Baron) v Skyviews & General
Ltd [1978] QB 479 .... 17.7, 17.10
Berrigan Shire Council v Ballerini (2005) 13 VR
111; [2005] VSCA 159 .... 5.15
Betts v Whittingslowe (1945) 71 CLR 63 7 . . . . 13. 5
Bevan v Coolahan (2019) 89 MVR; (2019) NSWCA
217 .... 11.45
BHP Billiton Ltd v Hamilton (2013) 117 SASR 329
. . . . 12. 82
Biggs v George [2016] NS飞NCA 113 .... 3.30
Bilambil-Terranora Pty Ltd v Tweed Shire Council
[1980] 1 NSWLR 465 .... 19.37
Binsaris v Northern Territory [2020] HCA 22
. . . 19. 21
Bird v Jones (1845) 7 QB 742; 115 ER 668
... 16.21
Bitupave Ltd (t/as Boral Asphalt) v Pillinger
(2015) 72 MVR 460; [2015] NSWCA 298
.... 3.40, 4.17
BJEK Pty Ltd v Henbury Cattle Co Pty Ltd [2019]
NTSC 86 .... 18.26
Black Diamond Group Pty Ltd v Manor of Maluka
Pty Ltd [2015] 1 Qd R 180 .... 19.38
Blacker v Waters (1928) 28 SR (NSW) 406 .... 16.4
Blades v Higgs (1861) 10 CB (NS) 713; 142 ER
634 .... 19.11, 19.12
Blake v Barnard (1840) 9 Car & P 626; 173 ER
985 .... 16.19
Blakemore v Moore [2015] NSWDC 9 .... 11.27
Block v Powercor Australia Ltd (2019) 57 VR 459
... 15.16
Blundell v Leighton [2013] ACTCA 1 .... 4.9
Blyth v Birmingham Waterworks Co (1856) 11 Ex
781; 156 ER 1047 .... 2.4, 3 .3
Blythe v Willis (2018) 19 BPR 38,903; [2018]
NSWSC 131 .... 19.40
Boateng v Dharamdas (2016) 77 MVR 151; [2016]
NSWCA 183 .... 10.31
Bocardo SA v Star Energy UK Onshore Ltd [2011]
1 AC 380 .... 17.10, 17.11
Body Corporate 366611 v 飞机1 [2013] 3 NZLR 522
... 15.15
Bolam v Friern Hospital Management Committee
[1957] 1 飞NLR 582 .... 3.16, 3.17, 3.20, 3.23
Bolitho v City and Hackney Health Authority
[1998] AC 232 .... 3.20
Bolton v Stoltenberg [2018] NSWSC 1518
... 20 .11
Bonnici v Ku-ring-gai Municipal Council (2002)
Aust Torts Reports 181-631 .... 15.20
Bonnington Castings v Wardlaw [1956] AC 613
.... 4.15, 4.16, 4.17, 4.18, 4.19, 4.21, 4.23
Booksan Pty Ltd v Wehbe (2006) Aust Torts
Reports 181-830; [2006] NSWCA 3 .... 13.1,
13.3, 13.33
Boral Bricks Pty Ltd v Cosmidis (No 2) (2014) 86
NSWLR 393 .... 10.14, 10.31
Boral Resources (Queensland) Pty Ltd v Pyke
[19 9 2] 2 Qd R 2 5; ( 19 8 9) 9 3 ALR 8 9 . . . . 14. 2 5
Borland v Makauskas [2000] QCA 521 .... 3.69
Born Brands Pty Ltd v Nine Network Australia
Pty Ltd (2014) 88 NSWLR 421 .... 20.13
Bose Corp v Consumers Union of US Inc, 466 US
485 (1984) .... 20.2
Boughey v R (1986) 161 CLR 10; 65 ALR 609
.... 16. 7
Bowditch v McEwan (2003) 2 Qd R 615 .... 6. 7
Boxell v Peninsula Health [2019] VSC 830
.... 3.25, 3.27, 3.28
Boyded Industries Pty Ltd (t/as Boyded
Parramatta) v Canuto [2004] NSWCA 256
... 3. 71
Bradburn v Great Western Railway Co (1874) LR
10 Exch 1 .... 12.89, 12.91, 12.95
Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1
... 4.13
Brakoulias v Karunaharan [2012] VSC 272
.... 3 .2 7
Brambles Security Services Ltd v Bi-Lo Pty Ltd
(1992) Aust Torts Reports 181-161 .... 6.15
Branson v South Australian Police Force (1993)
60 SASR 325 .... 19.19
Break Fast Investments Pty Ltd v PCH Melbourne
Pty Ltd (2007) 20 VR 311 .... 17 .8
Brighten v Traino [2019] NSWCA 168 .... 6.22, 19.9
Brisbane Youth Service Inc v Beven [2018] 2 Qd R
291; [2017] QCA 211 .... 3.50, 11.7
Brkovic v JO Clough & Son Pty Ltd (1983) 49
ALR 256 . . .. 3 .4 7
Brocklands Pty Ltd v Tasmanian Networks Pty
Ltd [2019] TASSC 26 .... 4.14, 13.1, 13.3,
13.13, 13.30
Broderick Motors Pty Ltd v Rothe (1986) Aust
Torts Reports 180-059 .... 15 .15
Brodie v Singleton Shire Council (2001) 206 CLR
512; 180 ALR 145 .... 5.23, 6.7, 7.39, 7.40,
7.41, 15.20, 15.61
Brookfield Multiplex Ltd v Owners Corp Strata
Plan 61288 (2014) 254 CLR 185; 313 ALR 408
... 5.25, 8.37, 8.40, 8.44, 8.48
Bropho v 飞Nestern Australia [2007] FCA 519
.... 17.16
-v 一（2008) 169 FCR 59; 249 ALR 121
.... 17.16
Brown v Hewson [2015] NS飞NCA 393 .... 4.14
- v Holzberger (2017) 82 MVR 463 (QCA); [2017]
2 Qd R 639 .... 12.22, 12.42
- v Logan City Council [2019] QSC 046 .... 11.42
- v Tasmania (2017) 261 CLR 328; 349 ALR 398
... 15. 30
xxi
 Table of Cases
Chappel v Hart (1998) 195 CLR 232; 156 ALR 517
.... 4.22, 4.26, 4.27, 4.29, 4.36
Chappell v Mirror Newspapers Ltd (1984) Aust
Torts Reports 180-691 .... 20.32
Cheng v Farjudi (2016) 93 NSWLR 95 .... 19.9,
19.49
CHEP Australia Ltd v Bunnings Group Ltd [2010]
NSWSC301 .... 18.16
Chetwynd v Armidale Dumaresq Council [2010]
NSWSC 690 .... 20.29
Chew v Amanatidis [2009] SASC 334 .... 8.15
Chicco v Woodville Corporation (1990) Aust Torts
Reports 181-028 .... 3 .15
Child and Adolescent Health Service v Sunday
John Mabior by next friend Mary Kelei [2019]
WASCA 151; (2019) Aust Torts Reports 182-491
... 3.27, 3.28
Chin v Venning (1975) 49 ALJR 378 .... 16.34
Chomentowski v Red Garter Restaurant Ltd
(1970) 92 WN (NSW) 1070 .... 6.23
Christensen v Swenson, 874 P 2d 125 (Utah,
1994) .... 14.16
Christie v Davey [1893] 1 Ch 316 .... 15.10
Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249
... 13. 30
Circular Head Fencing Pty Ltd v Motor Accidents
Insurance Board [2017] TASFC 6; (2017) 2 7 Tas
R 191; (2017) 81 MVR 182 .... 3 .13
Citicorp Australia Ltd v BS Stillwell Ford Pty Ltd
(1979) 21 SASR 142 .... 18.18, 18.27, 18.29
City Motors (1933) Pty Ltd v Southern Aerial
Super Service Pty Ltd (1961) 106 CLR 477
... 18.17, 18.26, 19.34
City of Stirling v Tremeer (2006) 32 WAR 155
.... 4. 31
Clare & Gilbert Valleys Council v Kruse [2019]
SASCFC 106 .... 4.14
Clarence City Council v Howlin (2016) 219
LGERA 226; [2016] TASSC 61 .... 15 .31
Clarke v Delacey (1990) 12 MVR 32 .... 10.23
Clavel v Savage [2013] NS飞NSC 775 .... 9.4, 9.17,
9.18
-v 一（No 2) [2014] NSWSC 463 .... 9.17
Clement v Backo [2007] 2 Qd R 99 .... 12.26
Clifford v Dove [2006] NSWSC 314 .... 15.25,
15.55
Club Italia (Geelong) Inc v Ritchie (2001) 3 VR
44 7 .... 4.48, 6.22
Coca-Cola Amatil (NSW) Pty Ltd v Pareezer
(2006) Aust Torts Reports 181-834; [2006]
NSWCA 45 .... 6.11
Coca-Cola Amatil (SA) Ltd v Petineris (1996) 66
SASR 577 .... 10.18
Cockburn v Jocobsen [2017] ACTSC 380; (2017)
83 MVR 71 .... 3.67
Coco v R (1994) 179 CLR 427; 120 ALR 415
... 17.20, 19.21
Coffey v Murrumbidgee Local Health District
formerly known as Greater Murray Area
Health Service [2019] NS飞NSC 1265 .... 3 .26
- v Queensland [2012] QSC 186 .... 16.6
Cole v South Tweed Heads Rugby League
Football Club Ltd (2004) 217 CLR 469; 207
ALR 52 . . . . 2. 3, 5 . 12, 5 . 13 , 5 .15, 5 . 17
Coles Supermarket Australia Pty Ltd v Harris
(2018) 278 IR 219; [2018] ACTCA 25 .... 10.17
Coles Supermarkets Australia Pty Ltd v Bridge
[2018] NSWCA 183 .... 10.11
Collins v Clarence Valley Council [2015] NSWCA
263; (2015) 91 NSWLR 128 .... 11.27
Colonial Mutual Life Assurance Society Ltd
v Producers and Citizens Co-operative
Assurance Co of Australia Ltd (1931) 46 CLR
41 ; [1932] ALR 73 . . . . 14. 5, 14. 13
Comino v Lynch [1959] QWN 49 .... 14.16
Commissioner for Railways v Halley (1978) 20
ALR409 .... 10.18
Commissioner of Main Roads v Jones (2005) 215
ALR 418 .... 3.69, 4.28
Commissioner of Railways v Ruprecht (1979) 142
CLR 563; 25 ALR 481 .... 10.8, 10.11, 10.16,
10.17
Commissioner of Taxation v Sydney Refractive
Surgery Centre Pty Ltd (2008) 172 FCR 557;
ALR 59 .... 12.50
Commonwealth v Graves (1996) 41 NSWLR 111
... 16. 24
- v Griffiths (2007) 70 NSWLR 268 .... 14.4
- v Introvigne (1982) 150 CLR 258; 41 ALR 577
... 14.29
- v McLean (1996) 41 NSWLR 389 .... 4.57
- v Okwume (2018) 263 FCR 604; 356 ALR 290
... 16. 24
Commonwealth Bank of Australia v Kojic (2016)
341 ALR 572 .... 19.50
CompuServe Inc v Cyber Promotions Inc, 962 F
Supp 1015 (SD Oh 1997) .... 18.7
Consolidated Broken Hill Ltd v Edwards (2005)
Aust Torts Reports 181-815; [2005] NSWCA
380 .... 10.11
Cook v Cook (1986) 162 CLR 376; 68 ALR 353
.... 3.11, 10.14, 11.17
Cooper v Neubert [2017] TASSC 33 .... 16.30,
16.32, 16.36
Cootes v Concrete Panels & Ors [2019] QSC 146
.... 10 .17
Cope v Sharpe (No 2) [1912] 1 KB 496 .... 19.2,
19.3, 19.5
Corbett v Morgenstern, 934 F Supp 680 (ED Pa,
1996) .... 9 .15
- v Pallas (1995) Aust Torts Reports 181-329
... 15.16
Corkhill v Commonwealth (No 3) [2018] ACTSC
87 .... 8.29
Cornes v The Ten Group Pty Ltd (2011) 114 SASR
1 .... 20. 7
Cornwall v Jenkins [2020] ACTCA 2 .... 4.14
Corporation of Synod of Diocese of Brisbane
v Greenway (2018) 1 Qd R 344; [2017] QCA
103 .... 4.19, 4.22
xxiii
 FOCUS Torts
Cosentino v Medich Properties Pty Ltd [2003]
NSWSC 606 .... 15.15
Council of the City of Greater Taree v Wells
[2010] NSWCA 147 .... 10.11, 11.27
Cowell v Corrective Services Commission of
New South Wales (1988) 13 NSWLR 714
.... 14.4, 16.24, 19.21
- v Rosehill Racecourse Co Ltd (1937) 56 CLR
605 .... 17.18, 17.21
Cox v Colossal Cavern Co, 276 S飞N 540 (1925,
Ky) .... 17.10
- v Fellows [2013] NSWCA 206 .... 3.40, 3.76,
4.9
- v New South Wales (2007) Aust Torts Reports
181-888; [2007] NSWSC 471 .... 4.8, 4.17, 6. 5
Cran v New South Wales (2004) 62 NSWLR 95
.... 6 .10
Cressy v Johnson [2009] VSC 52 .... 18.4, 18.6
Crimmins v Stevedoring Industry Finance
Committee (1999) 200 CLR l; 167 ALR 1
... 5.23, 5.28, 7.13, 7.15, 7.21, 7.34
Crisp v Fairfax Media Ltd [2012] VSC 615
.... 20 .29
Croucher v Cachia (2016) 95 NSWLR 117
.... 16.4, 16.32, 16.36, 19.9
Cruse v Victoria (2019) 59 VR 241 .... 19.43,
19.50
CSR Ltd v Amaca Pty Ltd [2016] VSCA 320
.... 4 .15
- v Eddy (2005) 226 CLR 1; 222 ALR 1
.... 12.27, 12.28, 12.29
CSR Readymix (Australia) Pty Ltd v Payne [1998]
2 VR 50 5 . . . . 12 . 11
Cubillo v Commonwealth (2000) 103 FCR l; 174
ALR 9 7 . . . . 13 .2 2
-v 一（2001) 112 FCR 455; 183 ALR 249
. . . . 1.17, 1.19, 13. 22
Cullen v Trappell (1980) 146 CLR l; 29 ALR 1
... 12.48, 12.49, 12.50, 12.51, 12.52, 12.53
Cummings v Fairfax Digital Australia Pty Ltd
(2018) 99 NSWLR 173; 366 ALR 727 .... 20.29
Curtis v Harden Shire Council (2014) 88 NSWLR
10 .... 7.25, 7.40
Cush v Dillon (2011) 243 CLR 298; 279 ALR 631
.... 20.23, 20.24
Cutler v Wandsworth Stadium Ltd [1949] AC 398
... 13.13
Cvetkovic v Princes Holdings (t/as Tilt Amusement
Centre) (1989) 51 SASR365 .... 11.7
Czatyrko v Edith Cowan University (2005) 214
ALR 349 .... 10.19
D Direen v Coad [2005] TASSC 21 .... 12.41
Dailly v Spot-On Investments Pty Ltd (t/as Spot-
On Photos) (1995) Aust Torts Reports 181-363
... 3 .41
Dale v Fox [2012] TASSC 84 .... 16.32
Dance v Jemeas Pty Ltd (No 2) [2019] QSC 303
... 10 .18
xxiv
Darby v Director of Public Prosecutions (2004) 61
NS WLR 5 58 . . . . 16 .10, 16 .14
D ’Arcy v Caltex Australia Petroleum Pty Ltd
[2019] ACTCA 27; (2019) Aust Torts Reports
182-499 .... 3.70, 13.2, 13.5, 13.23
Darcy v New South Wales [2011] NSWCA 413
... 16.23
Darling Island Stevedoring and Lighterage Co Ltd
v Long [(1957) 97 CLR 36 .... 13.17, 13.21,
13.22
Davidson v JS Gilbert Fabrications Pty Ltd [1986]
1 Qd R 1 .... 19.27
Davies v George Thomas Hotels Pty Ltd (2010) 10
DCLR (NSW) 351; [2010] NSWDC 55 .... 10.46
- v Mann (1842) 10 M & W 546; 152 ER 588
... 10 .2
Davis v Swift (2014) 69 MVR 375; [2014] NSWCA
458 .... 10.30
Day v Ocean Beach Hotel Shellharbour Pty Ltd
(2013) 85 NSWLR 335 .... 14.14
De Jager v Payneham & Magill Lodges Hall Inc
(1984) 36 SASR 498 .... 15.40, 15.41
De Reus v Gray (2003) 9 VR 432 .... 19.43
Deal v Kodakkathanath (2016) 258 CLR 281; 334
ALR 3 7 . . . . 13. 24
Dean v Phung [2012] NSWCA 223 .... 16.8, 16.13
Deatons Pty Ltd v Flew (1949) 79 CLR 3 70
.... 2.11, 14.18, 14.19
Deepcliffe Pty Ltd v Council of the City of Gold
Coast (2001) 118 LGERA 117 .... 15.11
Delaney v TP Smith Ltd [1946] KB 393 .... 17.14,
17.15
Dempsey v AM Controls Pty Ltd; AM Controls
v Atlas Metal Processors Pty Ltd; Atlas Metal
Processors Pty Ltd v AM Controls Pty Ltd
[2019] NSWC698 .... 10.16
Department of Housing and Works v Smith (No 2)
(2010) 265 ALR 490 .... 2.19, 3.39, 3.44, 3.71
Derring Lane Pty Ltd v Fitzgibbon (2007) 16 VR
563 .... 8.25
Derry v Peek (1889) 14 App Cas 33 7 .... 8.6
Design Services Ltd v Canada [2008] 1 SCR 73 7
.... 8.49
Dewar v Ollier [2018] WASC 212 .... 10.27
-v 一［2020] WASCA 25 .... 10.27
Di Napoli v New Beach Apartments Pty Ltd
(2004) Aust Torts Reports 181-728; [2004]
NSWSC 52 .... 17.10, 17.19
Dickens v New South Wales [2017] NSWSC 1173
... 9 .18
Dickson v Northern Lakes Rugby League Sport &
Recreational Club Inc (No 2) [2019] NSWDC
433 .... 11.6
DiStiso v Town of Wolcott, 539 F Supp 2d 562 (D
Conn 2008) .... 9.15
DixonvDavies (1982) 17NTR31 .... 12.74
Doble Express Transport Pty Ltd (admin apptd)
v John L Pierce Pty Ltd [2016] NSWCA 352
... 10.26
 Table of Cases
Dobler v Halverson (2007) 70 NSWLR 151
... 3.27, 3.28, 4.35
Dodd v McGlashan [1967] ALR433 .... 11.14
Doe v Australian Broadcasting Corp [2007] VCC
281 .... 15.12
- v Fairfax Media Productions Pty Ltd [2018]
NSWSC 1996 .... 13.9
Doe d Murray, Lord Bishop of Rochester
v Bridges (1831) 1 B & Ad 847; 109 ER 1001
... 13. 8
Domachuk v Feiner (NSWCA, Sheller JA,
Giles and Simos AJJA, 28 November 1996,
unreported, BC9606851) .... 15.20
Donaldson v New South Wales [2019] NSWCA
109 .... 14.4
Donoghue v Stevenson [1932] AC 562 .... 2.8, 4.53,
5.5, 5.6, 5.7, 5.8, 5.11, 5.18, 5.19, 5.20, 5.23
DOQl 7 v Australian Financial Security Authority
(No 3) [2019] FCA 1488 .... 9.6, 13.9
Dorset Yacht Co Ltd v Home Office [1970] AC
1004 .... 6.18
D’ Orta-Ekenaike v Victoria Legal Aid (2005) 223
CLR l; 214 ALR 92 .... 5.27, 11.46
Doubleday v Kelly [2005] NSWCA 151 .... 10.13,
11.27
Dovuro Pty Ltd v 飞Nilkins (2003) 215 CLR 317;
201 ALR 139 .... 3.78
Dow Jones & Co Inc v Gutnick (2002) 210 CLR
575; 194ALR433 .... 20.9, 20.10
Dowdell v Knispel Fruit Juices Pty Ltd [2003]
FCA 851 .... 13 .17
Downes v Affinity Health Pty Ltd [2016] QCA 129
.... 4.14
Downs v Williams (1971) 126 CLR 61 .... 13.5
Doyle v 0 ’ Doherty (1842) Car & M 418; 174 ER
570 .... 20.21
Drew v New South Wales [2015] NSWCA 159
.... 3. 71
Drexel London (a firm) v Gove (Blackman)
(2009) 170 LGERA 54; [2009] WASCA 181
.... 13.18, 13.19
Drinkwater v Howarth [2006] NSWCA 222
... 3 .40
Dryden v Orr (1928) 28 SR (NSW) 216 .... 19.27
Duffy v Google Inc (2017) 129 SASR 304 .... 20.11
Dulieu v White [1901] 2 KB 669 .... 9.2
Duncan v Bell [1967] Qd R 425 .... 11.14
Dwan v Farquhar [1988] 1 Qd R 234 .... 3.16
E Fallas v Mourlas (2006) 65 NSWLR 418; [2006]
Eastman v Queensland [2018] QCA 253
.... 4. 9
Eaton v TriCare (Country) Pty Ltd [2016] QCA
139 .... 4.56
Edwards v Lee, 96 SW (2d) 1028 (1936, Ky)
... 17 .10
- v Sims, 24 SW (2d) 619 (1929, Ky) .... 17.10
Egan v State Transport Authority (1982) 31 SASR
481 .... 19.38
Elbourne v Gibbs [2006] NSWCA 127 .... 4.28,
4.35
Electric Power Transmission Pty Ltd v Orgaz
(WAS CFC, 3 November 1989, unreported,
BC89008703) .... 10.18
Electro Optic Systems Pty Ltd v New South Wales
(2014) 180 ACTR l; [2014] ACTCA 45 .... 3.40
Elwood v Pioneer Concrete (WA) Pty Ltd [2002]
WASC 32 .... 15.14
Emprja Pty Ltd v Red Engine Group Pty Ltd
[2017] QSC 33 .... 17.4, 17.6, 19.42
Endeavour Energy v Precision Helicopters Pty Ltd
[2015] NSWCA 169 .... 4.35
English v Rogers (2005) Aust Torts Reports
181-800; [2005] NSWCA 327 .... 6.11
Enjakovic (decd), In the Estate of (2008) 100
SASR 486 .... 20.29
Erickson v Bagley [2015] VSCA 220 .... 3 .40
Erlich v Leifer [2015] VSC 499 .... 12.84
Erwin v Iveco Trucks Australia Ltd (2010) 267
ALR 752; [2010] NSWCA 113 .... 3.14
Esanda Finance Corp Ltd v Gibbons [1999]
NSWSC 1094 .... 18.13
- v Peat Marwick Hungerfords (Reg) (1997) 188
CLR 241; 142 ALR 750 .... 8.9, 8.10, 8.20, 8.28,
8.29, 8.36
Eustice v Channel Seven Adelaide Pty Ltd [2020]
SASC 4 .... 20.4
Evans v Queanbeyan City Council [2011] NSWCA
230 .... 4.15, 4.16, 4.21
Everitt v Martin [1953] NZLR 298 .... 18.8
F
F v R (1983) 33 SASR 189 .... 3.16
Fabre v Lui [2015] NSWCA 157 .... 3.55
Facebook Internet Tracking Litigation, In re 263 F
Supp 3d 836 (ND Cal 2017) .... 18. 7
Fairchild v Glenhaven Funeral Services Ltd [2003]
1 AC 32 .... 4.16, 4.17, 4.18, 4.19, 4.20, 4.21,
4.34
Fairfax Digital Australia & New Zealand Pty Ltd
v Kazal (2018) 97 NSWLR 547 .... 20.18
Fairfax Media Productions Pty Ltd v Kermode
(2011) 81 NSWLR 157; 282 ALR 314 .... 20.18,
20.19
Fairfax Media Publications Pty Ltd v 飞loller [2020]
NSWCA 102 .... 20.11
Falkingham v Hoffmans (A Firm) (2014) 46 WAR
510; [2014] WASCA 140 .... 4.26
NSWCA 32 .... 11.2 7, 11.31
Falvo v Australian Oztag Sports Association
(2006) Aust Torts Reports 181-831; [2006]
NSWCA 17 .... 11.31
Fede v Gray by his tutor NS飞N Trustee and
Guardian (2018) 98 NSWLR 1149 .... 16.9
Feiner v Domachuk (1994) 35 NSWLR 485
.... 15.20
-v 一［ 1996] NSWCA 157 .... 15.5
xxv
 FOCUS Torts
Feldman v Special Broadcasting Service Corp
[2020] NSWSC 26 .... 20.29, 20.30
Felhaber v Rockhampton City Council [2011] QSC
23 .... 10.13
Fennell v Robson Excavations Pty Ltd [1977] 2
NSWLR 486 .... 15.32
- v Supervision and Engineering Services
Holdings Pty Ltd (1988) 47 SASR 6 .... 10.18
Ferguson v Eakin (NSWCA, Meagher, Powell
and Cole JJA, 27 August 1997, unreported,
BC9703869) .... 18.21
Fernando v Commonwealth (No 5) [2013] FCA
901 .... 19.24, 19.43, 19.49, 19.50
Fertility Control Clinic v Melbourne City Council
(201 S) 47 VR 368 .... 1S .1 S
Ffrench v Sestili (2007) 98 SASR 28; [2007] SASC
241 .... 14.20
Fitzgerald v Kellion Estates Pty Ltd (1977)
2 BPR 9181 .... 18.35
Fitzpatrick v Job (t/as Jobs Engineering) (2007)
Aust Torts Reports 181-891; [2007] WASCA 63
.... 4. S
- v Walter E Cooper Pty Ltd (1935) 54 CLR 200
.... 4.32
Fitzsimmons v Coles Supermarkets Australia Pty
Ltd [2013] NSWCA 273 .... 10.32, 11.26
Fleming v Advertiser-News Weekend Publishing
Co Pty Ltd [2016] SASC 26 .... 20.18
Flemington Properties Pty Ltd v Raine and Horne
Commercial Pty Ltd (1998) 148 ALR 2 71
... 3 .19
Flowfill Packaging Machines Pty Ltd v Fytore
Pty Ltd (1993) Aust Torts Reports 181-244
... 18.35
Flynn v Flynn (2011) 77 SR (WA) 339 .... 18.20
Fontin v Katapodis (1962) 108 CLR 177 .... 19. 7,
19.48, 19.51
Forde v Skinner (1830) 4 Car & P 239; 172 ER
687 .... 16.6
Fowler v Lanning [1959] 1 QB 426 .... 16.29,
16.30, 16.31
Fox v Hack [1984] 1 Qd R 391 .... 3.15
- v Percy (2003) 214 CLR 118; 197 ALR 201
... 3 .69
Frangie v South Western Sydney Local Health
District t/a Liverpool Hospital [2019] NSWDC
42 .... 3.28
Fraser v Burswood Resort (Management) Ltd
[2014] WASCA 130 .... 4.26
- v State Transport Authority (1985) 39 SASR 57
... 6.23
Fulcher v Knott Investments Pty Ltd [2012] QSC
232 .... 1.23
Freeman v Home Office (No 2) [1984] QB 524
.... 16.13
Freestone v Murrumbidgee Local Health District
[2016] NSWDC 53 .... 3.26
Freidin v St Laurent (2007) 17 VR 439 .... 3.21
Freudenstein v Marhop Pty Ltd [2010] NSWSC
724 .... 10.3 7
xxvi
Froom v Butcher [1976] QB 286 .... 10.23
Frost v Warner (2002) 209 CLR 509; 186 ALR 1
... 14. 6
Furness v Adrium Industries Pty Ltd [1996] 1 VR
668 .... 19.30
G
Gaba Formwork Contractors Pty Ltd v Turner
Corp Ltd (1993) 32 NSWLR 175 .... 19.38
Gala v Preston (1991) 172 CLR 243; 100 ALR 29
... 5.19, 5.20, 5.21, 11.18, 11.19, 11.42, 11.43,
11.44, 11.45
Galashiels Gas Co Ltd v 0 ’ Donnell [1949] AC 275
... 13.24, 13.26
Galea v Bagtrans Pty Ltd [2010] NSWCA 350
... 14.28
Gales Holdings Pty Ltd v Tweed Shire Council
(2013) 85 NSWLR 514; 197 LGERA 381
... 15.4, 15.20, 15.35, 15.54
Gambotto v WCP Ltd (1995) 182 CLR 432
.... 3 .12
Gambriell v Caparelli (1975) 54 DLR (3d) 661
.... 16.14
Gartner v Kidman (1963) 108 CLR 12 .... 15.21
Garzo v Liverpool/Campbelltown Christian
School [2012] NSWCA 151 .... 3 .40
Gaunt v Fynney (1872) LR 8 Ch App 8 .... 15.8
Gazzard v Hutchesson (1995) Aust Torts Reports
181-337 .... 17.8
Gee v Burger [2009] NSWSC 149 .... 15.12
GEO Group Australia Pty Ltd v O ’ Connor [2019]
NSWCA 323 .... 6.8
Georgeski v Owners Corporation SP49833 (2004)
62 NSWLR 534 .... 17.16
Georgeson v Nominal Defendant (2003) 40 MVR
519 .... 12. 7
Gertz v Robert Welch Inc, 418 US 323 (1974)
... 20.2, 20.26
Geurie Enterprises Pty Ltd v Pirottina [2019]
NSWSC 1828 .... 15.31
Geyer v Downs (1977) 138 CLR 91; 17 ALR 408
.... 6.6, 6.7
Gifford v Strang Patrick Stevedoring Pty Ltd
(2003) 214 CLR 269; 198 ALR 100 .... 9.5, 9.6
Giles v Jeffrey [2019] VSC 562 .... 9.17
Gill v Ethicon Sarl (No 5) [2019] FCA 1905
.... 1.23
GillervProcopets (2008) 24 VR 1 .... 9.17, 15.12
Giorginis v Kastrati (1988) 49 SASR 3 71 .... 12.33
Girgis v Poliwka (No 6) [2019] WASC 230 .... 8.19
Girlock (Sales) Pty Ltd v Hurrell (1982) 149 CLR
155; 40 ALR 45 .... 4.13
Gittani Stone Pty Ltd v Pavkovic (2007) Aust
Torts Reports 181-924; [2007] NSWCA 355
.... 4.48, 4.56
Giumelli v Johnston (1991) Aust Torts Reports
181-085 .... 16.12
Glasgow Corporation v Muir [1943] AC 448;
[1943] 2 All ER 44 .... 10.10, 10.36
 Table of Cases
Glendale Chemical Products Pty Ltd v Australian
Competition and Consumer Commission
(1998) 90 FCR 40; [1999] ATPR 141-672
.. . 1.23
GLMC Properties 2 Pty Ltd v Hassarati & Co Pty
Ltd [2016] NSWSC 1642 .... 17.8, 17.21
Gov R (1990) 73 NTR 1 ... . 16.25
Goddard Elliott (firm) v Fritsch [2012] VSC 87
... . 3 .12
Golden Eagle International Trading Pty Ltd
v Zhang (2007) 229 CLR 498; 234 ALR 131
... . 12.15
Goldman v Hargrave [1967] 1 AC 645 . ... 3.58,
3.59, 15 .39
Goldsmith v Bisset (No 3) (2015) 71 MVR 53;
[2015] NSWSC 634 ... . 10.14
Goode v Angland 96 NSWLR 503; [2017] NSWCA
311 .... 11.29, 11.31
Google Android Consumer Privacy Litigation,
In re (unreported, 2013 WL 1283236 (ND Cal
2013)) .... 18.7
Gordon v Truong (2014) 66 MVR 241 .... 10.31
Gorringe v Transport Commission (Tasmania)
(1950) 80 CLR 357 . ... 7.39
Gorris v Scott (1874) LR 9 Ex 125 . ... 13.20
Gors v Tomlinson [2019] WADC 88 .... 11.27
Goss v Nicholas [1960] Tas SR 133 .... 19 .8
Government Insurance Office (NSW) v Best
(1993) Aust Torts Reports 181-210 .... 4.32,
12.79
- v Mackie (1990) Aust Torts Reports 181-053
... . 12.45
Govic v Boral Australian Gypsum Ltd (2015) 47
VR 430; [2015] VSCA 130 ... . 10.19, 13.17
Gracie (Owners) v Argentino (Owners): The
Argentino (1889) 14 App Cas 519 .... 8.30,
19.28
Graham v Baker (1961) 106 CLR 340 .... 12.96,
12.97
- v Hall (2006) 67 NSWLR 135 .... 4.34
- v KD Morris & Sons Pty Ltd [1974] Qd R 1
... . 17.8, 17.10
- v New South Wales (2001) 34 MVR 198
.. . 6.6, 6.26
- v Welch [2012] QCA 282 .... 3.66, 3.71
Graham Barclay Oysters Pty Ltd v Ryan (2002)
211 CLR 540; 194 ALR 337 ... . 2.8, 3.56, 5.15,
5.16, 5.25, 7.14, 7.15, 7.21, 7.34, 7.35
Grant v Sun Shipping Co Ltd [1948] AC 549
.. . 4.19
- v YYH Holdings Pty Ltd [2012] NSWCA 360
.. . 18.26
Gratrax Pty Ltd v T D & C Pty Ltd [2014] 2 Qd R
261; [2013] QCA 385 .... 4.34
Graves v West (No 2) [2015] NSWSC 306
... . 16.36
Gray v Motor Accident Commission (1998) 196
CLR l; 158 ALR 485 .... 19 .49
Gray v Richards (2014) 253 CLR 660; 313 ALR
579 .... 12 .65
Griffiths v Kerkemeyer (1977) 139 CLR 161; 15
ALR 387 .... 12.16, 12.17, 12 .18, 12.20, 12 .21,
12.22, 12.23, 12.24, 12 .25, 12.26, 12.27, 12.63,
12.66, 12.99, 12.100
Grills v Leighton Contractors Pty Ltd (2015) 89
NSWLR 104; [2015] NSWCA 72 ... . 10.11,
10.17
Grimsey v Southern Regional Health Board
(1997) 7 Tas R 67 .... 12.14
-v 一（ 1998) 8 Tas R 166 .... 12.14
Grincelis v House (2000) 201 CLR 321; 173 ALR
564 . . . . 12 . 18, 12 . 19
Grinham v Tabro Meats Pty Ltd .... 3.27
Grosse v Purvis (2003) Aust Torts Reports 181-
706 .... 15.12
Groves v United Pacific Transport Pty Ltd [1965]
Qd R 62 ... . 12.49
Guirguis Pty Ltd v Michel's Patisserie System Pty
Ltd [2018] 1 Qd R 132 .... 8.26
Guo v Commonwealth (2017) 258 FCR 31
.. 19.21, 19.24, 19.43, 19.49, 19.50
Guru v Coles Supermarkets Australia Pty Ltd
[2016] NSWDC 349 .... 11.27
Gutman v McFall (2004) 61 NSWLR 599 .... 14.6
Gwinnett v Day [2012] SASC 43 .... 18.20
H
H v Royal Alexandra Hospital for Children (1990)
Aust Torts Reports 181-000 ... . 3 .32
H Ltd v J (2010) 107 SASR 352 .... 19.2
Haber v Walker [1963] VR 339 .... 4 .37, 4 .38,
4.46, 4.49
Hackshaw v Shaw (1984) 155 CLR 614; 56 ALR
417 .... 5.19
Hagen v Ian Heraud & Associates Pty Ltd (1998)
39 ATR 336 .... 3.19
Hahn v Conley (1971) 126 CLR 276; [1972] ALR
247 .... 6.7
Halliday v Nevill (1984) 155 CLR l; 57 ALR 331
... . 17.17
Hallmark Construction Pty Ltd v Harford [2020]
NSWCA 41 .... 14.14
Hallowell v Nominal Defendant (Queensland)
[1983] 2 Qd R 266 .... 10.23
Halsey v Esso Petroleum Co Ltd [1961] 2 All ER
145 .... 15.8
Hambrook v Stokes [1925] 1 KB 141 .... 9.2
Hamcor Pty Ltd v Queensland [2014] QSC 224
.. . 7.26, 13.27
-v 一［2016] 1 Qd R 271 .... 7.2, 7.26
Hamps v Darby [1948] 2 KB 311 .... 18 .4
Hampshire Automotive Centre Pty Ltd v Centre
Com (Sunshine) Pty Ltd [2019] VSCA 77
... . 15.30, 15.31
Hampton v BHP Billiton Minerals Pty Ltd [2012]
WASC 285 ... . 19 .41
Haniotis v Dimitriou [1983] 1 VR 498 .... 19.11
Hanna v Sibbons (2010) 108 SASR 182 .... 20.24,
20.27
xxvii
 FOCUS Torts
Hansen v Gloucester Developments Pty Ltd
[1992] 1 Qd R 14 .... 19.39
Hanson-Young v Leyonhjelm (No 4) [2019] FCA
1981 .... 20.4
Harbour Radio Pty Ltd v Trad (2012) 247 CLR 31;
2 9 2 ALR 192 . . . . 2 0. 2 3, 2 0. 24
Hargrave v Goldman (1963) 110 CLR 40 .... 15.1
- v Singh (2019) 88 MVR 489; [2019] ACTSC 139
... 10.40
Harmer v Hare [2011] NSWCA 229 .... 10.11,
11.27, 11.45
Harrington Estates (NSW) Pty Ltd (t/as
Harrington Grove Country Club) v Turner
[2016] NSWCA 369 .... 3.50
Harris v Carnegie ’ s PtyLtd [1917] VLR95
.... 15.18, 15.19, 15.20, 15.23
Harrison v Melhem [2008] NSWCA 67 .... 12.37
Harriton v Stephens (2006) 226 CLR 52; 226 ALR
391 .... 2.2, 5.8, 5.25, 6.7, 12.2, 12.4
Harvey v Henzell [2015] QCA 261 .... 20.21
- v PD (2004) 59 NSWLR 639 .... 4.3, 4.34,
4.35, 4.36
Hawes v Holley [2008] NSWDC 147 .... 3.26
Hawira v Connolly [2008] QSC 004 .... 10.43
Hayes v Queensland [2016] QCA 191 .... 4.16
Haynes v G Harwood & Son [1935] 1 KB 146
.... 4.40, 11.9
Heaven v Pender (1882) 9 QED 302 . ... 5.2
Heaven v Pender (1883) 11 QED 503 .... 5.2, 5.3,
5.4, 5.5, 5.7, 5.17, 5.21, 5.28
Hedley Byrne & Co Ltd v Heller & Partners Ltd
[1964] AC 465 .... 5.18, 8.3, 8.4, 8.6, 8.7, 8.22,
8.23, 8.31
Henry v Thompson [1989] 2 Qd R 412 .... 19.49
Henwood v Municipal Tramways Trust
(South Australia) (1938) 60 CLR 438 .... 11.39,
11.45
Herald & Weekly Times Ltd v Popovic [2003]
VSCA 161 .... 20.18, 20.19
Herald & Weekly Times Pty Ltd v Buckley (2009)
21 VR 661 . ... 20 .28
Herbert v Lando, 441 US 153, 176 (1979)
... 20 .16
Herridge v Electricity Networks Corp (No 4)
[2019] WASC 94 .... 15.39, 15.41
Herring v Boyle (1834) 1 Cr M & R 377;
149 ER 1126 .... 16.25, 16.26
Hesketh v Joltham Pty Ltd [2000] QCA 44
.... 19. 30
Heydon v NRMA Ltd (2000) 51 NS飞iVLR 1 .... 3 .12
Hill v Forrester (2010) 79 NS飞iVLR 470 .... 12.23
- v Higgins [2012] NSWSC 270 .. .. 17.1, 19.23
- v Reglon Pty Ltd [2007] NSWCA 295 . ... 18.34,
19.29
- v Van Erp (1997) 188 CLR 159; 142 ALR 687
.... 5.21, 8.36
Hilton v Wallace (1989) Aust Torts Reports 180-
231 .... 16.12
Hines v Commonwealth (1995) Aust Torts
Reports 181-338 .... 12.45
xxviii
Hinkley v Star City Pty Ltd [2010] NSWSC 1389
.... 17.13
Hirst v Nominal Defendant [2005] Qd R 133
.... 4.41
Hoath v Connect Internet Services Pty Ltd (2006)
229 ALR 566 .. .. 18.21, 18.22, 18.23, 18.25
Hoffman v Boland [2013] NSWCA 158 .... 3.64,
6.7
Hollis v Vabu Pty Ltd (t/as Crisis Couriers) (2001)
207 CLR 21; 181 ALR 263 . ... 2.11, 14.4, 14.12,
14.13
Holloway v Mcfeeters (1956) 94 CLR 470 .... 4.13
Hollywood Silver Fox Farm Ltd v Emmett [1936]
2 KB 468 .... 15.10
Holroyd City Council v Zaiter [2014] NSWCA 109
... 11.27
Homsi v Homsi (2016) 51 VR 694 .... 9.6
Hope v Hunter and New England Area Health
Service (2009) 10 DCLR (NSW) 63; [2009]
NSWDC 307 .... 3 .26
Horkin v North Melbourne Football Club Social
Club [1983] 1 VR 153 .... 19.10, 19.14
Hornsby Shire Council v Viscardi (2015) 214
LGERA 311; [2015] NSWCA 417 . ... 4.17
Hosking v Runting [2005] 1 NZLR 1 .... 15.12
House v R (1936) 55 CLR 499 .... 12. 71
- v Hamilton (1996) 16 WAR 292 .... 11.14
- v Jarvis (1958) 98 CLR 177 . ... 6.8, 6.9, 6.10
- v Queensland [2001] 2 Qd R 154 .... 13.22
- v Wing [2002] TASSC 35 .... 19.7
Howard Marine and Dredging Co Ltd v A Ogden &
Sons (Excavations) Ltd [1978] QB 574 .... 8.18
Howe v Teefy (1927) 27 SR (NSW) 301 .... 18.17
Hoxton Park Residents' Action Group Inc
v Liverpool City Council (2010) 246 FLR 207;
[2010] NSWSC 1312 .... 15.30, 15.60
-v 一（No 2) (2011) 256 FLR 156; [2011]
NSWCA 363 . ... 15.30, 15.60
Hoyts Pty Ltd v Burns (2003) 77 ALJR 1934
.... 4.26
Hudson Investment Group Ltd v Atanaskovic
(2014) 311 ALR 290; [2014] NSWCA 255
.... 4.3 5
Hughes v Lord Advocate [1963] AC 837 .... 4.56
Humberstone v Northern Timber Mills (1949) 79
CLR 389 .... 14.10
Hume v Patterson [2013] NSWSC 1203 . ... 11.31
Hunt & Hunt Lawyers v Mitchell Morgan
Nominees Pty Ltd (2013) 247 CLR 613; 296
ALR 3 . . . . 4. 6, 4. 17, 14. 44
Hunter v Canary 飞iVharf Ltd [1997] AC 655
... 15.25, 15.28, 15.29, 15.30
Hunter and New England Local Health District
v McKenna (2014) 253 CLR 270; 314 ALR 505
... 3.28, 7.16
Hunter Area Health Service v Presland (2005) 63
NSWLR 22 . ... 4.50
Hunter ENZ Finance Ltd v Australia and
New Zealand Banking Group Ltd [1990] VR 41
... 18.22
 Table of Cases
Husher v Husher (1999) 197 CLR 138; 165 ALR
384 .... 12 .39
Hustler Magazine v Falwell, 485 US 46 (1988)
.... 9 .1 S
Hutchins v Maughan [1947] VLR 131 .... 18.3
Ibrahim v Davis [2013] VSCA 238 .... 5.14
lbrahimi v Commonwealth (2018) 366 ALR 341
.... 6.13, 7.20
lmbree v McNeilly (2008) 236 CLR 510; 248 ALR
64 7 . . . . 3 .7, 3 . 11, 3 . 12 , 10 . 14, 11 . 17, 11 .4 5
Imperial Chemical Industries Ltd v Shatwell
[1965] AC 656 .... 13.37
Innes v AAL Aviation Ltd (2017) 259 FCR 246
.... 8 .19
Insight Vacations Pty Ltd v Young (2011) 243 CLR
149; 276 ALR 497 .... 11.35, 11.37
Insurance Commissioner v Joyce (1948) 77 CLR
39 .... 11.10, 11.12, 11.16, 11.17, 11.19, 11.45
Integrated Direct Marketing LLC v May, 49 5 SW
3d 73, 76 (Ark 2016) .... 18.25
Intel Corp v Hamidi, 71 P 3d 296 (Cal 2003)
... 18. 7
Interchase Corp Ltd v ACN 010 087 573 Pty Ltd
(No 3) [2003] 1 Qd R 26 .... 8.29
Invercargill City Council v Hamlin [1996] AC 624
... 8.48
Inverell Municipal Council v Pennington (1993)
Aust Torts Reports 181-234 .... 3 .3 7, 3 .38, 3 .39
iPhone Application Litigation, In re 844 F Supp
2d 1040 (ND Cal2012) .... 18.7
Ira S Bushey & Sons Inc v United States, 398 F 2d
167 (1968) .... 14.12
Ireland v B & M Outboard Repairs [2015] QSC 84;
[2015] ALMD 2933 .... 11.27
Italiano v Barbaro (1993) 40 FCR 303; 114 ALR 21
... 11.44
Ives v Western Australia (No 8) [2013] WASC 277
... 20 .18
J .... 17 .4
Jaber v Rockdale City Council (2008) Aust Torts
Reports 181-952; [2008] NS飞NCA 98 .... 11.28,
11.31
Jackson v Harrison (1978) 138 CLR 438; 19 ALR
129 .... 11.44
- v Lithgow City Council [2008] NSWCA 312
... 10.46
- v McDonald ’ S Australia Ltd [2014] NSWCA
162 .... 4.14, 11.27
Jaensch v Coffey (1984) 155 CLR 549; 54 ALR
417 .... 5.19, 6.13, 9.2
James v Harrison (1977) 18 ACTR 36 .... 14.16
- v North Star Pastoral Pty Ltd [2019] NTSC 72
... 17.3, 17.4, 19.19, 19.40, 19.44
Janney v Steller Works Pty Ltd (2017) 53 VR 677
.... 17.8, 19.42
Jansen v Dewhurst [1969] VR 421 .... 19.27
Janvier v Sweeney [1919] 2 KB 316 .... 9.16
Jarosz v New South Wales [2019] NSWSC 692
... 15.39
Jausnik v Nominal Defendant (No S) (2016) 78
MVR l; [2016] ACTSC 306 .... 4.9, 4.48
Jazairy v Najjar (1998) Aust Torts Reports
181-4 76 . . . . 4. 3 2
JB v Northern Territory (2019) 170 NTR 11;
[2020] HCA 22 .... 19.7
J-Corp Pty Ltd v Thompson [2019] WASCA 173;
(2019) Aust Torts Reports 182-504 .... 3.13
Jellie v Commonwealth [1959] VR 72 .... 3 .62
Jemena Gas Networks (NSW) Ltd v Mine
Subsidence Board (2011) 243 CLR 558; 277
ALR 257 .... 15.21
Jennings v George Harcourt Management Pty Ltd
[2018] ACTA 50 .... 4.14
Jensen v Nationwide News (No 13) [2019] WASC
451 .... 20.5, 20.18, 20.34, 20.35
Jiang v BCDS International Pty Ltd t/ as
Serendipity Miss Beauty ACN 603 133 991
[2019] NSWDC 578 .... 3. 76
JMD v GJH [2012] WADC 124 .... 9.17
Joel v Morison (1834) 6 Car & P 501; 172 ER 1338
.... 14.15
John F Goulding Pty Ltd v Victorian Railways
Commissioners (1932) 48 CLR 157 .... 18.31,
18.32
John Fairfax Publications Pty Ltd v Gacic (2007)
230 CLR 291 .... 20.6
John Gallagher Panel Beating Co Pty Ltd v Palmer
[2007] NSWSC 627 .... 19.38
John Holland Construction & Engineering Pty Ltd
v Majorca Projects Pty Ltd (1996) 13 BCL 235
... 3 .19
John Pfeiffer Pty Ltd v Canny (1981) 148 CLR
218; 36 ALR 466 .... 13.31
- v Rogerson (2000) 203 CLR 503; 172 ALR 625
.... 1.25
John R v Oakland Unified School District 48 Cal
3d 438 (1989) .... 14.19
Johnson v Buchanan (2012) 223 A Crim R 132
Johnson Matthey (Aust) Ltd v Dascorp Pty Ltd
(2003) 9 VR 171; [2003] VSC 291 .... 19 .31
Johnson Tiles Pty Ltd v Esso Australia Pty Ltd
[2003] vsc 27 .... 5.28
Jolley v Sutton London Borough Council [2000] 3
All ER 409 .... 4.56
Jones v Moylan (1997) 18 WAR 492 .... 12.21
- v Dapto Leagues Club Ltd [2008] NSWCA 32
... 10.46
- v Dunkel (1959) 101 CLR 298 .... 4.13, 4.14
- v Dyldam Developments Pty Ltd [2007]
NSWSC 754 .... 12.38
Joslyn v Berryman; Wentworth Shire Council
v Berryman (2003) 214 CLR 552; 198 ALR
137 .... 10.5, 10.10, 10.11, 10.13, 10.14, 10.15,
10.17, 10.36, 10.37, 10.38, 10.43, 11.15, 11.20
xxix
Another random document with
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 "It's quite safe now," I said. "Let's go and——"

"What can I have the pleasure of showing you?" said a soothing voice at
our backs.

We turned round in alarm.

"Er—we only just—let me see, what was it you wanted?" said Miss
Middleton to me.

"I don't really want anything. I was going to help you buy one of those
—you know."

"Yes, but I've got that. I know there was something you said you wanted
very much."

"Probably tea."

"Tiaras," explained Miss Middleton hastily. "Of course."

"Certainly, madam," said the shopwalker. "If you will just sit down," he
continued, leading us to a little room out of the main stream of shoppers, "I
will send somebody to attend you."

We sat down mechanically. I leant my stick against a showcase and

balanced my hat on the top of it.

"Now you've done it," I said. "How many tiaras shall we have? I've got
nearly four pounds."

"We needn't have any. We can say we don't much care about their
selection."

"Or that we wanted one specially built for us."

"One goes into dozens of shops without buying anything," said Miss
Middleton cheerily.

"I never do," I replied gloomily. "Look out, here he is."

 An attendant advanced briskly towards us. I put my hands in my
pockets and tried to count my money.

"Tiaras, madam? Certainly. About what price?"

"Tell him about three pounds eight and six," I whispered to Miss
Middleton. "Three pounds nine," I corrected, as I ran another sixpence to
ground.

"Here is a beautiful one at two hundred and fifty pounds."

"Too much," I prompted softly.

"Oh," broke in Miss Middleton brightly, "I'm so sorry—such a silly

mistake! We wanted neck-chains, not tiaras! Barbara has a tiara already,
hasn't she?" she appealed to me.

"Two," I said quickly. "If not three."

"I'm so sorry," said Miss Middleton, with a dazzling smile. "The first
gentleman must have misunderstood. Of course we gave her a tiara last
year."

The man was disappointed; I saw that. But the smile melted him, and he
went off in all friendliness.

"Tiara doesn't sound very much like neck-chain," I remarked after a

pause.

"Oh, don't you think so? It depends how you say it. Like Beauchamp
and Cholmondeley."

"And what is it when pronounced properly?"

"It's a chain that hangs round your neck, and when you don't quite know
what to say to anybody you play with it carelessly. Same as men smoking
cigarettes, only better for you."

"I see. Well, here we have a hundred of the best."

 The attendant got to business at once.

"This one," he said, holding up rather a jolly one, "comes out at ten
guineas."

"Tell him," I whispered to Miss Middleton, "that we've only come out
with three."

"That's very pretty," she said. "Are those moon-stones?"

"Yes, madam. The fashionable stone this year."

"It's more for next year that we want it."

"I should say this season. I don't think you will find a prettier one than
this, madam."

"It's very sweet. But aren't they unlucky, unless you happen to have
been born in the right month?" She turned to me. "When is Barbara's
birthday?"

"May," I said unhesitatingly. "I mean March."

"Anyhow," said Miss Middleton. "I know it's wrong for moonstones,
because I was thinking of giving her some two years ago, and it had to "be
opals instead."

"We both thought of it," I said.

Miss Middleton looked at me so admiringly that I began to get reckless.

"Besides, we don't know the size of her neck," I went on. "And she
never smokes—I mean she never doesn't know what to say to anybody. So I
think we should be making a mistake if we gave her this. I do indeed. Now
if it had been anybody else but Barbara——"

The man looked from one to the other of us in bewilderment.

 "If you could show us some hatpins instead?" said Miss Middleton
hurriedly, before he could open his mouth.

"This is excellent," I said, as he retired in confusion; "we're working

down well. All we've got to do now is to wait till he comes back and then
say that we're sorry but we meant hairpins. With hair-pins you're practically
there."

"Supposing they only had gold ones?"

"Then we should point out that they wouldn't go with Barbara's

curiously-coloured hair. You leave this to me. I can finish it off now on my
head. At the same time I'm sorry I'm not going to spend anything."

"Oh, but you are," said Miss Middleton. "You're going to give me and
mother tea."

"Of course I am," I agreed.

* * * * * * *

After tea I went back to the shop by myself.

"I want," I said "a trifle for about three pounds. A moonstone pendant or
something. Yes, that's very sweet. No, I'll take it with me."

They packed it in a pretty little box for me, and I'm going to send it to
Miss Middleton on the twenty-fourth. I am putting in a card with the words
"From Barbara" on it. As I said, I am not giving any presents myself this
year, but I do think that Barbara should repay at least some of the
kindnesses which have been showered upon her so wantonly.

CHESS
 (The author cannot lay claim to any great technical knowledge of chess,
but he fancies that he understands the spirit of the game. He feels that, after
the many poems on the Boat Race, a few bracing lines on the Inter-
University Chess Match would be a welcome change.)

This is the ballad of Edward Bray,

Captain of Catherine's, Cambridge Blue—
Oh, no one ever had just his way
Of huffing a bishop with KB2!

The day breaks fine, and the evenings brings

A worthy foe in the Oxford man—
A great finesser with pawns and things,
But quick in the loose when the game began.

The board was set, and the rivals tossed

But Fortune (alas!) was Oxford's friend.
"Tail," cried Edward, and Edward lost;
So Oxford played from the fireplace end.

We hold our breath, for the game's begun—

Oh, who so gallant as Edward Bray!
He's taken a bishop from KQ1,
And ruffed it—just in the Cambridge way!

Then Oxford castles his QB knight

(He follows the old, old Oxford groove;
Though never a gambit saw the light
That's able to cope with Edward's move).

The game went on, and the game was fast,

Oh, Oxford huffed and his King was crowned;
The exchange was lost, and a pawn was passed,
And under the table a knight was found!

Then Oxford chuckled; but Edward swore,

A horrible, horrible oath swore he;
 And landed him one on the QB4,
And followed it up with an RQ3.

Time was called; with an air of pride

Up to his feet rose Edward Bray.
"Marker, what of the score?" he cried.
"What of the battle I've won this day?"

The score was counted; and Bray had won

By two in honours, and four by tricks,
And half of a bishop that came undone,
And all of a bishop on KQ6.

* * * * * *

Then here's to Chess: and a cheer again

For the man who fought on an April day
With never a thought of sordid gain!
England's proud of you, Edward Bray!

PROGRESSIVE BRIDGE

There were twelve tables numbered A, B, C, up to—well, twelve of

them, and I started at E, because my name is Ernest. Our host arranged us
and, of course, he may have had quite another scheme in his mind. If so, it
was an extraordinary coincidence that my partner's name was Ethel. She
herself swore it was Millicent, but I doubt if one can trust a woman in these
matters. She looked just like an Ethel. I had never seen her before, I shall
never see her again, but she will always be Ethel to me.

There is only one rule at progressive bridge, and that is, if you lose you
go to the next table, and if you win you stay where you are. In any case you
get a fresh partner each time. That being so, it seemed hardly worth while to
ask Ethel what she discarded from. As it happened, though, she began it.

"I discard from strength," she said.

"So do I," I agreed gladly. We already had a lot in common. "Great

strength returns the penny," I added.

"What's that?"

"Moderate strength rings the bell. It's a sort of formula I say to myself,
and brings luck. May I play to hearts?"

Ethel discarded a small heart on the first round of clubs, and a small
club on the first round of hearts. After which, systematically and together,
we discarded from great weakness. What with the revoke and other things
they scored hundreds and thousands that game.

"You know, where providence goes wrong," I said, "is in over-

estimating our skill. Providence thinks too highly of us. It thinks that if it
gives us a knave and two tens between us we can get a grand slam."

"Yes; and I think—I think, perhaps, that just the least little bit it
underrates Dorothy's abilities."

"Indeed?" I said. Dorothy was the person who had just taken two
hundred and ninety-eight off us.

"Yes. You see Dorothy has played before, and I don't think providence
knew."

"It rather looks like that."

"Mind," said Ethel graciously, "I don't blame providence for not
knowing."

Dorothy laughed, and cut for me. I dealt myself three aces, and went no
trumps. To my surprise Dorothy's partner doubled, and led the ace of hearts.
 "One moment," I said, and I took it up, and looked at the back of it.
Then I looked at the back of my own ace of hearts. Then I looked at the
front of it again, and swore very softly, and played it.

"I'm very sorry," I apologised at the end of the game. "I had a wolf in
sheep's clothing, an ass in a lion's skin. You saw me play the three of hearts.
Well, do you know—it's very sad—he actually pretended to be the ace. Hid
his head behind one card, and his feet behind another, and only—well, I
thought it was the ace."

At the end of the round Ethel and I moved on.

"Good-bye," I said to Dorothy, "I like watching you play. If you wait
here I shall be round again soon."

My next partner was called Aggie. Ethel addressed her as Mary, but she
was much too lively for Mary. I had never seen her before, I shall never see
her again, but she will always be Aggie to me.

She began at once:

"I discard from weakness, partner. I like hearts led, I never go spades on
my own, I live on tapioca and toadstools, and the consequence was——"

"It's the same with me," I said, "except about tapioca. I don't like
tapioca. In fact I always—er—discard from tapioca. Otherwise we agree.
It's your deal. Now," I said to Ethel, "we shall see what providence thinks of
our comparative merits."

Providence made no mistake. In the whole round my partner and I

scored once only. Chicane in spades. I moved on to G. I should never see
Ethel again.

"I always play the Canadian discard," said Violet, "and I like spades
led."

I need hardly say that Aggie, whom Ethel called Mary, spoke of Violet
as Diana. But she looked much more like Violet, and she will always be
Violet to me. I had never seen her before though, and I shall never see her
again.

"So do I," I said. "Do you know Canada at all? I always wish I had been
there."

"I go a good deal to Switzerland," said Violet. "Are you fond of

bridge?"

"No, never; that is, I mean, 'Very.' Shall we cut?"

The "Canadian discard" hardly does itself justice under that name. It is
no mere discard, but embraces all the finer points of bridge. It leads through
weakness, and blocks your partner's long suits, and trumps his tricks; and,
though I couldn't discover any recognised system about it, revokes now and
then. I, too, from tact or sympathy, or some such motive, played the
Canadian discard for all I was worth. We got to H without any difficulty....

J, K and L may be passed by, for nothing happened there. For some
reason "I" was left out, or, rather, run into J. I cannot understand the point of
this. To every man his table, and I feel convinced that I should have done
remarkably well at "I." I had been looking forward to it all the evening. I
don't much care about betting, but I am prepared to wager a hundred pounds
that I should have got a grand slam at "I."

It was somewhere down in the X's that I met Maud. I had been round I
don't know how many times, and was feeling quite giddy. Alice, Elizabeth,
Iris, Mabel—they were all forgotten when I came to play with Maud.
Hepzibah (on my right) called her Millicent or something like that, but I
knew really that her name must be Maud. I had never seen her before, I
shall never see her again, but she will always be Maud to me.

"I discard from hearts," I said. "I like my weakest suit led, I have
revoked three times this evening, at table G on the right-hand side of the
fireplace I played the 'Canadian discard,' and I shall never play it again, at K
as you go round the lamp I had four aces and my partner went spades, I've
had rotten luck all through, and I'm enjoying myself very much. Shall we be
very cautious, or would you like to play a dashing game?"
 "Oh, let's dash," said Maud.

I dealt, and went no trumps on two aces. To my great surprise

Hepzibah's partner doubled and led the ace of clubs.

"One moment," I said, and I took it up and looked at the back of it. Then
I looked at the back of my own ace of clubs. Then I looked at the front of it,
and swore very softly, and played it.

"I'm very sorry," I began at the end of the game, "but——"

"Haven't we met before?" said Maud, with a smile.

I looked at her hard. "By Jove! Ethel!" I cried.

"My name's Millicent," said Maud, "and seeing that we met for the first
time a few hours ago——"

"Yes, you were my first partner, 'Ethel.'"

"I'm sorry. Who is Ethel?"

"I beg your pardon," I apologised. "But I always call my first partner at
progressive bridge Ethel. It's a sort of hobby with me."

"I see," said Maud—I mean Ethel. Well, I suppose I must call her
Millicent now. Though I had never seen her before, and shall never see her
again, she will always be Millicent to me.

DRESSING UP

I. AT A PAGEANT
 Our episode is the tenth and last and (I may add unofficially) the most
important. The period of it is 1750. In order to lead up to it properly it has
been found necessary to start the first episode at 53 B.C. This gives the
audience time to get hungry for us. "At last!" they say, when we come on,
"this is the end, Maria."

The Duchess of Kirkcudbright (N.B.) says that they don't say that at all.
They say, "Why, Henry, it's 1750! I had no idea. How the time flies when
you are enjoying yourself. We must stay to the end; a few minutes won't
make any difference now, and it's only cold mutton."

I must explain that it is the Duchess of Kirkcudbright (N.B.)—and do

remember the "N.B.," because she is very particular about it—who in this
episode condescends to dance a minuet with me: that stately old measure (if
you don't trip over the sand-hill opposite Block D.) which so delighted our
forefathers. It is a very sad thing, but though the whole pageant, as I have
explained, hinges upon us, yet our names and description do not appear
upon the programme. We are put down briefly, and I think libellously, as
"Revellers." However, we learnt that we were really people of some
position—right in the smart set, by all accounts; so I decided to be Lord
Tunbridge Wells, and my partner the Duchess of Kirkcudbright (N.B.). That
is just like her—to be a whole county, when I am only a watering-place.

We are supposed to do the "revelling" as soon as we come in. As I lead

my partner down the steps I say to her, "Our revel, I think?" and she replies,
"Shall we revel, or shall we sit it out?" After a little discussion we decide to
revel, partly because there is nowhere to sit down, and partly because the
prompter has his eye on us. Now I don't know what your idea of revelling
is, but mine would include at the very least a small ginger ale and a slice of
seed-cake. I mean, I don't think that would be overdoing it at all. But do you
suppose we are allowed this—or indeed anything? Not likely. And yet it is
just a little touch of that sort which gives verisimilitude to a whole pageant.

Before we have really got through our revelling the band strikes up, and
suddenly we are all in our places for the minuet. Now, although you have
paid your two guineas like a man, and are sitting in the very front row, you
mustn't think we have taken all this trouble of learning the minuet simply to
amuse you. Not at all. We are doing it for the sake of King George the
Second, no less; a command performance. And so, when we are all in a
line, just ready to start, and I whisper to my partner, "I say, I'm awfully
sorry, but I've forgotten the minuet. Let's do the Lancers instead," she
whispers back, "Quick! George is looking at me. Is my patch on straight?"
"No," I say. "Now, don't forget you have to smile all the time. Hallo, we're
off."

I am not going to describe the dance to you, because it is too difficult.

But I may say briefly that there's a whole lot of things you do with your
feet, and another whole lot with your hands; that you have to sway your
body about in an easy and graceful manner; that you must keep one eye on
the ground to see that you don't fall over the sandhills, and another eye on
your partner to see that she is doing it all right, and the two of you a joint
eye on everybody else to see that the affair is going symmetrically. And
then—then comes the final instruction: "Don't look anxious. Smile, and
seem to be enjoying yourself."

So far I have resisted the inclination to smile. The fact is that when I
cast aside my usual habiliments and take upon me the personality of another
I like to do the thing thoroughly—to enter into the spirit of the part. Now I
will put the case before you, and you shall say whether I am not right.

Here we have, as I conceive the situation, a sprig of the nobility,

Tunbridge Wells. He is a modest young man, who spends most of his time
at his lovely Kentish seat, flanked by fine old forest trees—preferring the
quiet of the country to the noise and bustle of London.

One day, however, he ventures up to town, and looking in at his

customary coffee-house is hailed by an acquaintance. Tunbridge Wells, I
may mention, is beautifully attired in a long blue coat, white satin
waistcoat, fancy breeches, with quaint designs painted on them, silk
stockings, and shoes which are too small for him.

"What are you doing to-night?" says his friend. "Come down to Chelsea
with me. There's a grand Venetian fête on, and old George will be there."

"Right," says Tunbridge Wells.

 When they get to the gardens his friend takes him aside.

"I say," he begins anxiously, "I hope you won't mind, but the fact is that
I've promised you shall dance in a minuet to-night. Old George particularly
wants to see one."

"But I simply couldn't," says Tunbridge Wells, in alarm. "Can't you get
somebody else?"

"Oh, but you must. I've got you a jolly partner—the Duchess of
Kirkcudbright (N.B.). You know the minuet, of course?"

"Well, I've learnt it; but I've very nearly forgotten it again. And my
shoes are beastly uncomfortable. Before the King too! It's a bit steep, you
know."

"Well then, you will. Good man."

"No, no," cries Tunbridge Wells hastily, and leads his friend aside under
the trees. "I say," he begins mysteriously, "don't say anything, but—well, it's
rather awkward ... I may as well tell you ... these—er—these things are a bit
tight. They look all right like this, you know, but when you bend down—
well, I mean I have to be jolly careful."

"I was just thinking how pretty they were. A beautiful thing, that," he
adds, pointing to a crescent moon in blue on Tunbridge Wells' left knee.

"Don't touch," says Wells in alarm, "it comes off like anything. I lost a
dragon-fly only yesterday. Well, you see how it is, old man. But for them I
should have loved it. Only ... I say, don't be a fool.... Your servant, Duchess.
I was just saying ... yes, I am devoted to it.... Yes.... Yes. Let's see, it is the
left foot, isn't it? (Confound that idiot!)"

Now then, do you wonder that the poor fellow looks anxious, or that I
feel it my duty as a good actor to look anxious too?

I have promised not to describe the whole minuet to you, but I must
mention one figure in it of which I am particularly fond. In this you rejoin
your partner after a long absence, and you have once more her supporting
hand to hold you up. For some hours previously you have been alone in the
wild and undulating open, tripping over molehills and falling down ha-has;
and it is very pleasant (especially when your shoes fit you too soon) to get
back to her and pour all your troubles into her sympathetic ear. It's a figure
in which you stand on one foot each for a considerable time, and paw the
air with the others. You preserve your balance better if you converse easily
and naturally.

"I nearly came a frightful purler just now; did you see?"

"H'sh, not so loud. Have you found mother yet? She's here to-day."

"One of my patches fell off. I hope nobody heard it."

"You've got a different wig to-day. Why?"

"It's greyer. I had such a very anxious moment yesterday. You know that
last bow at the end where you go down and stay under water for about five
minutes? Well, I really thought—however, they didn't."

"I don't like you in this one. It doesn't suit you at all."

"So I thought at first. But if you gaze at it very earnestly for three hours,
and then look up at the ceiling, you——"

"Why, there is mother. Hold up."

"I fancy we have rather a good action in this figure. Do you think she's
noticing it? I hope she knows that we could stand on one leg without
moving the other one at all. I mean I don't want her to think—— Hallo, here
we are. Good-bye. See you again in the next figure but one." And the
Duchess of Kirkcudbright (N.B.) trips off.

I put in the "N.B." because she is very particular about it; and I say
"trips" because I know the ground.
 II. AT A DANCE

"Then you really are coming?" said Queen Elizabeth, as she gave me
my third cup of tea.

"Yes, I really am," I sighed.

"What as?"

"I don't know at all—something with a cold. I leave it to you, partner,

only don't go a black suit."

"What about Richelieu?"

"I should never be able to pronounce that," I confessed. "Besides, I

always think that these great scientists—I should say, philos—that is, of
course, that these generals—er, which room is the encyclopædia in?"

"You might go as one of the kings of England. Which is your favourite

king?"

"William and Mary. Now that would be an original costume. I should

have——"

"Don't be ridiculous. Why not Henry VIII.?"

"Do you think I should get a lot of partners as Henry VIII.? Anyhow, I
don't think it's a very becoming figure."

"But you don't wear fancy dress simply because it's becoming."

"Well, that is rather the point to settle. Are we going to enhance my

natural beauty, or would you like it—er—toned down a little? Of course, I
could go as the dog-faced man, only——"

"Very well then, if you don't like Henry, what about Edward I.?"

"But why do you want to thrust royalty on me? I'd much sooner go as
Perkin Warbeck. I should wear a brown perkin—jerkin."
 "Jack is going as Sir Walter Raleigh."

"Then I shall certainly touch him for a cigarette," I said, as I got up to

go.

* * * * * * *

It was a week later that I met Elizabeth in Bond Street.

"Well?" she said, "have you got your things?"

"I haven't," I confessed.

"I forget who you said you were going as?"

"Somebody who had black hair," I said. "I have been thinking it over
and I have come to the conclusion that I should have knocked them rather if
I had had black hair—instead of curly eyes and blue hair. Can you think of
anybody for me?"

Queen Elizabeth regarded me as sternly as she might have regarded

—— Well, I'm not very good at history.

"Do you mean to say," she said at last, "that that is as far as you have
got? Somebody who had black hair?"

"Hang it," I protested, "it's something to have been measured for the
wig."

"Have you been measured for your wig?"

"Well—er—no—that is to say, not exactly what you might call

measured. But—well, the fact is I was just going along now, only—I say,
where do I get a wig?"

"You've done nothing," said Elizabeth—"absolutely nothing."

"I say, don't say that," I began nervously; "I've done an awful lot, really.
I've practically got the costume. I'm going as Harold the Boy Earl, or
Jessica's Last—— Hallo, there's my bus; I've got a cold, I mustn't keep it
waiting. Good-bye." And I fled.

* * * * * * *

"I am going," I said, "as Julius Cæsar. He was practically bald. Think
how cool that will be."

"Do you mean to say," cried Elizabeth, "that you have altered again?"

"Don't be rough with me or I shall cry. I've got an awful cold."

"Then you've no business to go as Julius Cæsar."

"I say, now you're trying to unsettle me. And I was going to-morrow to
order the clothes."

"What! You haven't——"

"I was really going this afternoon, only—only it's early closing day.
Besides, I wanted to see if my cold would get better. Because if it didn't
—— Look here, I'll be frank with you. I am going as Charlemagne."

"Oh!"

"Charlemagne in half-mourning, because Pepin the Short had just died.

Something quiet in grey, with a stripe, I thought. Only half-mourning
because he only got half the throne. By-the-way I suppose all these people
wore pumps and white kid gloves all right? Yes, I thought so. I wonder if
Charlemagne really had black hair. Anyhow, they can't prove he didn't,
seeing when he lived. He flourished about 770, you know. As a matter of
fact 770 wasn't actually his most flourishing year, because the Radicals
were in power then, and land went down so. Now 771—yes. Or else as
Raymond Blathwayt."

"Anyhow," I added indignantly a minute later, "I swear I'm going

somehow."

* * * * * * *
 "Hallo," I said cheerfully, as I ran into her Majesty in Piccadilly, "I've
just been ordering—that is to say, I've been going——I mean I'm just going
to—— Let's see, it's next week, isn't it?"

For a moment Elizabeth was speechless—not at all my idea of the

character.

"Now then," she said at last, "I am going to take you in hand. Will you
trust yourself entirely to me?"

"To the death, your Majesty. I'm sickening for something, as it is."

"How tall are you?"

"Oh, more than that," I said quickly. "Gent's large medium, I am."

"Then, I'll order a costume for you and have it sent round. There's no
need for you to be anything historical; you might be a butcher."

"Quite—blue is my colour. In fact, I can do you the best end of the neck
at tenpence, madam, if you'll wait a moment while I sharpen the knife. Let's
see; you like it cut on the cross, I think? Bother, they've forgotten the strop."

"Well, it may not be a butcher," said Elizabeth; "it depends what they've
got."

* * * * * * *

That was a week ago. This morning I was really ill at last; had hardly
any breakfast; simply couldn't look a poached egg in the yolk. A day on the
sofa in a darkened room and bed at seven o'clock was my programme. And
then my eye caught a great box of clothes, and I remembered that the dance
was to-night. I opened the box. Perhaps dressed soberly as a black-haired
butcher I could look in for an hour or two ... and——

Help!

A yellow waistcoat, pink breeches, and—no, it's not an eider-down, it's

a coat.
 A yellow—— Pink br——

I am going as Joseph.

I am going as Swan & Edgar.

I am going as the Sick Duke, by Orchardson.

I am going—yes, that's it, I am going back to bed.

AFTER DINNER

I. THE COMPLETE KITCHEN

I wat in the drawing-room after dinner with my knees together and my

hands in my lap, and waited for the game to be explained to me.

"There's a pencil for you," said somebody.

"Thank you very much," I said, and put it carefully away. Evidently I
had won a forfeit already. It wasn't a very good pencil though.

"Now, has everybody got pencils?" asked somebody else. "The game is
called 'Furnishing a Kitchen.' It's quite easy. Will somebody think of a
letter?" She turned to me. "Perhaps you'd better."

"Certainly," I said, and I immediately thought very hard of N. These

thought-reading games are called different things, but they are all the same
really, and I don't believe in any of them.

"Well?" said everybody.

 "What? ... Yes, I have. Go on.... Oh, I beg your pardon," I said in
confusion. I thought you—— N. is the letter."

"N or M?"

I smiled knowingly to myself.

"My godfather and my godmother," I went on cautiously——

"It was N," interrupted somebody. "Now then, you've got five minutes
in which to write down everything you can beginning with N. Go." And
they all started to write like anything.

I took my pencil out and began to think. I know it sounds an easy game
to you now, as you sit at your desk surrounded by dictionaries; but when
you are squeezed on to the edge of a sofa, given a very blunt pencil and a
thin piece of paper, and challenged to write in five minutes (on your knees)
all the words you can think of beginning with a certain letter—well, it is
another matter altogether. I thought of no end of things which started with
K, or even L; I thought of "rhinoceros," which is a very long word and
starts with R; but as for——

I looked at my watch and groaned. One minute gone.

"I must keep calm," I said, and in a bold hand I wrote Napoleon. Then,
after a moment's thought, I added Nitro-glycerine, and Nats.

"This is splendid," I told myself. "Notting Hill, Nobody and Noon. That
makes six."

At six I stuck for two minutes. I did worse than that in fact; for I
suddenly remembered that gnats were spelt with a G. However, I decided to
leave them, in case nobody else remembered. And on the fourth minute I
added Non-sequitur.

"Time!" said somebody.

"Just a moment," said everybody. They wrote down another word or

two (which isn't fair) and then began to add up. "I've got thirty," said one.