Overseas Tankship (UK) Ltd v The Miller Steamship Co Pty (The Wagon Mound No 2) [1966] UKPC 1

ON 25 MAY 1966, the Privy Council delivered Overseas Tankship (UK) Ltd v The Miller Steamship Co Pty (The Wagon Mound No 2) [1966] UKPC 1 (25 May 1966).

http://www.bailii.org/uk/cases/UKPC/1966/1.html

A person is negligent if they fail to prevent a real risk that is reasonably foreseeable. A real risk is one in the mind of a reasonable person “which he would not brush aside as far-fetched”. This does not depend on the actual risk of occurrence.

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1966 | NSW Court of Appeal established

ON THIS DAY in 1966, the NSW Court of Appeal was established by the Supreme Court and Circuit Courts (Amendment) Act 1965 No 12.

http://www.austlii.edu.au/au/legis/nsw/num_act/scacca1965n12472

Law Reform (Miscellaneous Provisions) Act 1965 (NSW)

ON 20 DECEMBER 1965, the NSW Law Reform (Miscellaneous Provisions) Act 1965 was enacted and commenced.

http://www.austlii.edu.au/au/legis/nsw/consol_act/lrpa1965404

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Nesterczuk v Mortimore [1965] HCA 60

ON 19 NOVEMBER 1965, the High Court of Australia delivered Nesterczuk v Mortimore [1965] HCA 60; (1965) 115 CLR 140 (19 November 1965).

http://www.austlii.edu.au/au/cases/cth/high_ct/115clr140.html

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Dame Roma Mitchell QC

ON 23 SEPTEMBER 1965, Dame Roma Mitchell QC was appointed to the Supreme Court of South Australia, becoming the first female superior court justice in Australia.

http://www.australianbiography.gov.au/subjects/mitchell/

 

Purkess v Crittenden [1965] HCA 34

ON 16 JULY 1965, the High Court of Australia delivered Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 (16 July 1965).

http://www.austlii.edu.au/au/cases/cth/HCA/1965/34.html

Where a plaintiff has made out a prima facie case that his or her incapacity was the result of the defendant’s negligence, the onus of adducing evidence that the incapacity was to do with a pre-existing condition, or that the incapacity would have in any event resulted from the pre-existing condition, rests with the defendant. However, the burden remains on the plaintiff on the whole of the evidence to satisfy the court or tribunal of the extent of the injury caused by the defendant’s negligence.

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Warren Commission into JFK assassination

ON 24 SEPTEMBER 1964, the Report of the President’s Commission  into the Assassination of President Kennedy (“the Warren Commission report”) was presented to the US President.

http://www.archives.gov/research/jfk/warren-commission-report/

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Peter O’Grady
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Shire of Perth v O’Keefe [1964] HCA 37

Shire of Perth v O’Keefe [1964] HCA 37; (1964) 110 CLR 529 (18 June 1964).

http://www.austlii.edu.au/au/cases/cth/high_ct/110clr529.html

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Woon v R [1964] HCA 23

ON 9 APRIL 1964, the High Court of Australia delivered Woon v R [1964] HCA 23; (1964) 109 CLR 529 (9 April 1964).

http://www.austlii.edu.au/au/cases/cth/high_ct/109clr529.html

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Norman v Federal Commissioner of Taxation [1963] HCA 21

ON 25 JULY 1963, the High Court of Australia delivered Norman v Federal Commissioner of Taxation [1963] HCA 21; (1963) 109 CLR 9 (25 July 1963).

http://www.austlii.edu.au/au/cases/cth/HCA/1963/21.html

A husband had voluntarily assigned to his wife the right to company dividends and interest on a debt payable at will. The court held that the dividends and interest were future property not capable of being assigned for consideration and were therefore to be assessed as taxable income of the husband.

Assignment is “the immediate transfer of an existing proprietary right, vested or contingent, from the assignor to the assignee” per Windeyer J at 26.

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