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[1990] HCA 9
High Court of Australia
1979-02-23
McHugh JJ, Brennan J, Windeyer J
Original judgment source is linked above.
For the reasons which we have given, both Seymour [24] and Williams v. Fleming should be overruled. Since it does not appear that the members of the Full Court accepted the assessment of damages made by the Master, apart from the fact that it was made in disregard of those decisions, it is appropriate that this matter should be remitted to the Full Court for reconsideration in accordance with these reasons, upon the basis that Seymour and Williams v. Fleming no longer represent the law in Queensland. The appeal should be allowed and the matter remitted to the Full Court of the Supreme Court for this purpose.
Nguyen
Nguyen
High Court of Australia Brennan, Deane, Dawson, Toohey and McHugh JJ. Nguyen v Nguyen [1990] HCA 9