HAWKINS v CLAYTON
164 CLR 53978 ALR 69
Between: HAWKINS
And: CLAYTON
Judges:
Mason C.J.
Wilson J.
Brennan J.
Deane J.
Gaudron J.
Subject References:
Negligence
Limitation of Actions
Judgment date: 8 April 1988
CANBERRA
ORDER
Appeal allowed with costs.
Order that the judgment of the Court of Appeal of New South Wales be set aside.
Adjourn the further determination of this appeal for 28 days to permit the parties if they be so advised to bring in minutes of an order to be made by consent disposing of the action in accordance with the judgment of this Court.
In default of the parties bringing in minutes of such an order within 28 days, order that in lieu of the judgment of the Court of Appeal -
- 1.
- the appeal to that Court be allowed with costs ;
- 2.
- the judgment of Yeldham J. be set aside;
- 3.
- in lieu thereof judgment be entered for the plaintiff for damages to be assessed;
- 4.
- the action be remitted for determination by a judge of the Supreme Court; and
- 5.
- the defendants to pay the plaintiff's costs to be taxed.