Dixon's Tort Judgments: Master Craftsman or Competent Technician?

Abstract

Dixon's tort judgments comprise a considerable part of his legacy in private law. Even excluding related areas, such as workers' compensation cases, and defamation (the subject of another chapter in this volume), he gave over 100 judgments, either solely or with other members of the Court, in tort. Not all of his sole judgments are substantive but for the most part they undertake a full consideration of the matters in issue on appeal. Yet there are very few detailed analyses of Dixon's judgments in tort. Given the volume of material, this chapter will not consider every judgment but will assess his contribution by reference to the torts where his judgments made the greatest contribution to legal analysis and exposition. Reference will also be made to Dixon's wider judicial style when situating his tort judgments among the full body of his judicial work on the High Court.