Ashby v Slipper [2014] FCA 973 (11 September 2014).
Sydney, Australia
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Category Archives: LAW FIRM
Rogers v Nationwide News Pty Ltd [2003] HCA 52 | 11 September 2003
ON 11 SEPTEMBER 2003, the High Court of Australia delivered Rogers v Nationwide News Pty Ltd [2003] HCA 52; 216 CLR 327; 201 ALR 184; 77 ALJR 1739 (11 September 2003).
The Daily Telegraph had reported on a 1996 Federal Court decision of Justice Hill regarding a tax assessment of the interest component of a 1990 damages award by the NSW Supreme Court in the amount of $808,564.38 to Maree Lynette Whitaker in her action against eye surgeon Dr Christopher Rogers.
Appeals against the 1990 decision were dismissed by the NSW Court of Appeal and High Court of Australia. The High Court decision of Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479 (19 November 1992) is a well known decision regarding negligence arising from failure to warn of inherent but remote risks as opposed to negligence in the recommendation of the procedure or the manner in which the procedure is performed. Dr Rogers had performed surgery on Whitaker’s right eye, which was almost blind. The surgery should have restored her sight, but instead became blind in the left eye when she suffered sympathetic opthalmia. Whilst the risk was remote, Dr Rogers was held to be negligent in failing to warn Whitaker of the risk.
In reporting on the 1996 decision, the Daily Telegraph referred to Ms Whitaker as being blinded by Dr Roger’s negligence, imputing that he had been negligent in the performance of the surgery.
The High Court in Rogers v Nationwide News Pty Ltd held that the Daily Telegraph’s reference to the decision of Rogers v Whitaker was not a fair report of court proceedings and had defamed Dr Rogers by adding to what was said by Justice HIll. The court held that the story was not entitled to the defence of qualified privilege.
Sydney, Australia
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Mosman Public Notices – 11 September 2014
Plaintiff S4-2014 v Minister for Immigration and Border Protection [2014] HCA 34
ON 11 SEPTEMBER 2014, the High Court of Australia delivered Plaintiff S4-2014 v Minister for Immigration and Border Protection [2014] HCA 34 (11 September 2014).
The plaintiff arrived at Christmas Island without a visa. The Minister for Immigration and Border Protection issued the plaintiff with a temporary humanitarian concern visa and a temporary safe haven visa. The effect of being issued with the temporary visas was to prevent the plaintiff from making an application for a protection visa until the Minister enquired as to whether or not the plaintiff would be eligible to make a valid application for a permanent protection visa.
The plaintiff was kept in detention for more than two years whilst the Minister’s department enquired as to whether the plaintiff would be eligible to make a valid application for a protection visa.
The High Court quashed the Minister’s decision, holding that the grant of the temporary visas in such a manner was invalid.
Sydney, Australia
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Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33
ON 10 SEPTEMBER 2014, the High Court of Australia delivered Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 (10 September 2014).
The High Court dismissed a decision of the Western Australian Court of Appeal regarding the Insurance Contracts Act 1984 (Cth).
The High Court held that s54(1) of the Insurance Contracts Act 1984 (Cth) operated to require an insurer to indemnify an insured who had failed to comply with an endorsement forming part of the contract.
Sydney, Australia
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Passenger Transport Act 2014 (NSW)
ON 10 SEPTEMBER 2014, the NSW Parliament passed the Passenger Transport Bill 2014.
The Passenger Transport Act 2014 (NSW) will replace the Passenger Transport Act 1990 (NSW) and the Air Transport Act 1964 (NSW).
Sydney, Australia
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Commonwealth Bank of Australia v Barker [2014] HCA 32
ON 10 SEPTEMBER 2014, the High Court of Australia delivered Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014).
The High Court allowed an appeal against the 2013 decision of the Full Court of the Federal Court of Australia in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (6 August 2013).
The High Court ruled, in favour of the Commonwealth Bank, that the implication of mutual trust and confidence is beyond the legitimate law-making function of the courts.
The court ruled that it is not necessary to imply into all employment contracts a term that neither party will, without reasonable cause, conduct itself in a manner likely to destroy or seriously damage the relationship of trust and confidence between them.
Sydney, Australia
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Illinois v Leopold & Loeb | 10 September 1924
ON 10 SEPTEMBER 1924, Nathan Leopold Jr and Richard Loeb were sentenced to 99 years imprisonment after being convicted of attempting to kidnap and murder a 14 year old boy.
Click to access Leopold_Loeb_Sentencing.pdf
Sydney, Australia
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Pearce v R [1998] HCA 57 | 10 September 1998
ON 10 SEPTEMBER 1998, the High Court of Australia delivered Pearce v R [1998] HCA 57; 194 CLR 610; 156 ALR 684; 72 ALJR 1416 (10 September 1998).
Where more than one offence contains the same elements of conduct, an offender should not be punished more than once for the overlapping elements. The punishment should reflect what the offender has done and should not be affected by how the offence is expressed: at [40].
There is no single correct sentence for a particular offence to be applied with mathematical precision. It is important for proper principle to be applied: at [46].
Sydney, Australia
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Commonwealth Bank of Australia v Barker
The High Court matter of Commonwealth Bank of Australia v Barker is listed for judgment tomorrow, 10 September 2014, at 10.15am in Court No 2, Parkes Place, Canberra.
Sydney, Australia
1300 00 2088
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