Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/4930
Title: False Imprisonment, Fare Dodging and Federation: Mr Robertson’s Evening Out
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2009
Handle Link: https://hdl.handle.net/1959.11/4930
Abstract: The decisions of the High Court and the Privy Council in Robertson v The Balmain New Ferry Company Ltd retain their place in modern tort texts discussing false imprisonment. This is surprising because the reasoning is frequently considered unclear at best or incorrect as worst. This article considers the case in two historical contexts to evaluate these views. The first context considers contemporary legal doctrine by exploring the significance of the pre-Judicature Act pleading rules applicable in New South Wales and the gap in the contemporary law that made the company’s method of enforcing fare collection problematic. Despite these impediments, the commercial pressures to uphold the system of fare collection proved sufficient to overcome these objections. The second, broader, historical context explores the reaction to the decision of the High Court as an aspect of lingering anti-federal sentiment in New South Wales. The analysis reveals a uniquely Australian context to the decision and reveals the potential of studies of the history of private law to contribute to the history of Australian law more generally.
Publication Type: Journal Article
Source of Publication: Sydney Law Review, 31(4), p. 537-558
Publisher: Thomson Reuters
Place of Publication: Sydney, Australia
ISSN: 0082-0512
Field of Research (FOR): 180126 Tort Law
180199 Law not elsewhere classified
Socio-Economic Outcome Codes: 949999 Law, Politics and Community Services not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Other Links: http://www.law.usyd.edu.au/slr/slr31/slr31_4/Lunney.pdf
http://www.law.usyd.edu.au/slr/slr31/slr31_4.shtml
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