ON 10 NOVEMBER 2014, the Supreme Court of NSW delivered Cunneen and Ors v Independent Commission Against Corruption [2014] NSWSC 1571.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=175376
A summons seeking declarations and injunctions against the Independent Commission Against Corruption for holding an investigation into certain allegations involving Margaret Cunneen SC, Stephen Wyllie and Sophia Tilley was dismissed by Hoeben CJ at CL.
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ON 10 NOVEMBER 1947, the England and Wales Court of Appeal delivered Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1 (10 November 1947).
http://www.bailii.org/ew/cases/EWCA/Civ/1947/1.html
A court will interfere with an administrative decision if (1) the decision maker took irrelevant matters into consideration (2) the decision maker failed to take into consideration matters which it ought to have considered and (3) the decision was so unreasonable that no reasonable decision maker would have made it.
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ON 10 NOVEMBER 2009, the High Court of Australia delivered Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 (10 November 2009).
http://www.austlii.edu.au/au/cases/cth/HCA/2009/48.html
Early on New Years day in 2003, Mr Moubarak and Mr Bou Jajem were injured on the premises of Adeels Palace Restaurant in the Sydney suburb of Punchbowl. The men were shot by another patron who had earlier been involved in a dispute on the dance floor, left the premises and returned with a gun.
The men sued for damages, alleging that their injuries were the result of Adeels’ negligence in failing to provide any or any sufficient security on the night of the incident. The men succeeded before the District Court of NSW and NSW Court of Appeal. However, the High Court allowed Adeels’ appeal and set aside the earlier decisions.
The High Court held that the evidence did not establish that action could have been taken to prevent the violent conduct occurring. The court held that the evidence only went as far as showing that the provision of more security might have prevented the damage but did establish, on the balance of probabilities, that it would have prevented the damage.
The court held that it was unnecessary to determine whether or not there was a breach of duty of care because the men had not established that Adeels’s failure to provide any or any sufficient security was a necessary cause of their damage as required under s5D of the Civil Liability Act 2002 (NSW).
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ON 8 NOVEMBER 1943, Justice Roper of the Supreme Court of NSW in Attorney-General v Trustees of the National Art Gallery of NSW (1945) 62 WN (NSW), 212, dismissed a challenge to William Dobell receiving the Archibald Prize for his portrait of fellow artist Joshua Smith.
http://www.hcourt.gov.au/assets/publications/speeches/former-justices/kirbyj/kirbyj_28mar06.pdf
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ON 5 NOVEMBER 2014, the High Court of Australia delivered Wellington Capital Limited v Australian Securities & Investment Commission & Anor.
http://www.austlii.edu.au/au/cases/cth/HCA/2014/43.html
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ON 5 NOVEMBER 2014, the High Court of Australia delivered Alphapharm Pty Ltd v H Lundbeck A/S & Ors.
http://www.austlii.edu.au/au/cases/cth/HCA/2014/42.html
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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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ON 28 OCTOBER 2008, Justice Owen of the Supreme Court of WA delivered The Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC 239 (28 October 2008).
http://www.austlii.edu.au/au/cases/wa/WASC/2008/239.html
One of Australia’s longest cases.
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ON 28 OCTOBER 1981, the High Court of Australia delivered Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) [1981] HCA 59; (1981) 150 CLR 225 (28 October 1981).
http://www.austlii.edu.au/au/cases/cth/HCA/1981/59.html
Government departments and their agencies are under a duty to take reasonable care when passing on information to members of the public.
The measure of damages for negligent mis-statement is “the amount necessary to restore the plaintiff to the position he was in before the statement, subject to the loss being foreseeable.”
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ON 28 OCTOBER 1971, Judge Levine of the NSW District Court delivered R v Wald.
It was ruled that an abortion performed by a medical practitioner is lawful in New South Wales if there is “any economic, social or medical ground or reason” for the practitioner to hold an honest and reasonable belief that a termination at any stage of the pregnancy was required to avoid “serious danger to the pregnant woman’s life or to her physical or mental health”.
Per Levine DCJ at 29:
“In my view it would be for the jury to decide whether there existed in the case of each woman any economic, social or medical ground or reason which in their view could constitute reasonable grounds upon which an accused could honestly and reasonably believe there would result a serious danger to her physical or mental health. It may be that an honest belief be held that the woman’s mental health was in serious danger at the very time she was interviewed by a doctor, or that her mental health, although not then in serious danger, could reasonably be expected to be seriously endangered at some time during the currency of pregnancy, if uninterrupted. In either case such a conscientious belief on reasonable grounds would have to be negatived before an offence under s 83 of the Act could be proved.”
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