Contract, LAW FIRM, Property Law

Ogle v Comboyuro Investments Pty Ltd [1976] HCA 21

ON 30 APRIL 1976, the High Court of Australia delivered Ogle v Comboyuro Investments Pty Ltd [1976] HCA 21; (1976) 136 CLR 444 (30 April 1976).

“Vendor and Purchaser – Sale of land – Contract of sale – Refusal by purchaser to complete – Anticipatory breach – Suit for specific performance by vendor – Continued refusal by purchaser to complete – Whether vendor entitled to rescind and claim damages.”

A contract may be rescinded by a vendor for repudiation whilst an action for specific performance is on foot if the purchaser refuses to complete and acts as though it intends to be no longer bound by the contract.

Lawyers

Sydney, Australia

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Constitutional law, Environmental Law, LAW FIRM, Legislation

Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20

ON 14 APRIL 1976, the High Court of Australia delivered Murphyores Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20; (1976) 136 CLR 1 (14 April 1976).

The court held that the Commonwealth could validly legislate over the environment through its trade and commerce powers under the Constitution.  As a result, sand mining licensed by the Queensland Government was prohibited on the Fraser Island – the largest sand island in the world.

Fraser Island later became part of the Register of the National Estate, National Heritage List and the World Heritage List.

http://www.austlii.edu.au/au/cases/cth/HCA/1976/20.html

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Sydney, Australia

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Disability Law, Human Rights, Landmark cases, LAW FIRM, United States

In the Matter of Karen Quinlan, an alleged incompetent 70 NJ 10

ON 31 MARCH 1976, the Supreme Court of New Jersey permitted the life support system of the permanently comatose Karen Ann Quinlan to be turned off to allow her to die a natural death without any civil or criminal liability on her guardian or treatment providers: see IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT Supreme Court of New Jersey 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205

Click to access In_Re_Quinlan.pdf

Lawyers

1300 00 2088

Disability Law, Human Rights, Landmark cases, LAW FIRM, United States

IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 1976 70 NJ 10

ON THIS DAY IN 1976, the Supreme Court of New Jersey delivered IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205.  The guardian, hospital and treatment providers of Karen Ann Quinlan were permitted to turn off her life support system as she was in a persistent vegetative state.

Lawyers

Sydney, Australia

1300 00 2088

Family Law, LAW FIRM, Law reform, Legislation

Family Law Act 1975 (Cth)

ON THIS DAY in 1976, the Commonwealth Family Law Act 1975 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114

Lawyers

Sydney, Australia

1300 00 2088

Courts and Tribunals, Family Law, LAW FIRM, Law reform

Family Court

ON 5 JANUARY 1976, the Family Court was established.

Lawyers

Sydney, Australia

1300 00 2088

Evidence, Injunctions, LAW FIRM, United Kingdom

Anton Piller KG v Manufacturing Processes Ltd [1975] EWCA Civ 12

ON 8 DECEMBER 1975, the England and Wales Court of Appeal delivered Anton Piller KG v Manufacturing Processes Ltd & Ors [1975] EWCA Civ 12 (08 December 1975).

http://www.bailii.org/ew/cases/EWCA/Civ/1975/12.html

The Court of Appeal held that it had inherent jurisdiction to order defendants in most exceptional circumstances to “permit” the plaintiffs’ lawyers to enter the defendants’ premises to inspect and remove material. Such circumstances are (1) when the plaintiffs have a strong prima facie case of very serious actual or potential damage and (2) clear evidence of the defendants being in the possession of “vital material which they might destroy or dispose of to defeat the ends of justice before an application inter partes may be made”.

The Court of Appeal held that in very exceptional circumstances such an application may be made ex parte (in the absence of the defendants).

Lawyers

Sydney, Australia

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Constitutional law, LAW FIRM

Australian Government dismissed

ON 11 NOVEMBER 1975, the Australian Government was dismissed by the Governor General.

Lawyers

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LAW FIRM, Succession

Palmer v Bank of New South Wales [1975] HCA 51

ON 29 OCTOBER 1975, the High Court of Australia delivered Palmer v Bank of New South Wales [1975] HCA 51; (1975) 133 CLR 150 (29 October 1975).

http://www.austlii.edu.au/au/cases/cth/high_ct/133clr150.html

A promise to leave one’s estate to another upon their death is not a promise to preserve the property of the estate until death. An express contract is necessary to curtail how a testator uses his or her property in their lifetime.

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1300 00 2088

Copyright, LAW FIRM

University of NSW v Moorhouse [1975] HCA 26; (1975) 133 CLR 1 ( 1 August 1975)

ON 1 AUGUST 1975, the High Court of Australia delivered University of NSW v Moorhouse [1975] HCA 26; (1975) 133 CLR 1 (1 August 1975).

http://www.austlii.edu.au/au/cases/cth/HCA/1975/26.html

The University of NSW was declared to have authorized an infringement of the plaintiff’s copyright by providing coin operated photocopy machines without taking proper measures to prevent an infringement.

Subsequent to this decision, the Copyright Act 1968 (Cth) was amended to the effect that libraries are not to be taken as authorizing copyright infringement if a notice setting out of the relevant provisions of the Act is displayed near the photocopy machine.

Mosman Solicitor & Notary