Comcare v PVYW
Part One (1000 words)
In this part, including the following information:
1. The Case citation;
2. The various judges that heard the appeal and date of judgement;
3. The names of the parties and the role in the ligation (ie, are they appellant or the respondent?)
4. Brief summary of the material facts
5. The key legal issues for determination in the appeal
6. In relation to the joint judgement of the majority judges (French CJ, Hayne, Crennan and Kiefel JJ) – on what basis did the majority reach their decision?)
7. The final outcome of the appeal and orders made by the court.
Part two (500 words)- reflect critically on the High Court majority decision in Comcare v PVYW.
1. From a public perspective, should the respondent have been able to recover damages for the injuries she sustained? Why /why not.
2. Is it the court’s role to consider the social, moral or policy implications of its decisions or simply to apply the law in accordance with the doctrine of precedent?
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