ON 1 NOVEMBER 1951, the NSW Suitor’s Fund Act 1951 commenced.
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1951 | Suitor’s Fund Act 1951
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McRae v Commonwealth Disposals Commission [1951] HCA 79
ON 27 AUGUST 1951, the High Court of Australia delivered McRae v Commonwealth Disposals Commission [1951] HCA 79; (1951) 84 CLR 377 (27 August 1951).
A court must determine damages as best it can. Difficulty in assessing damages does not justify non-assessment.
The defendant was ordered to pay the plaintiff damages for breach of contract, assessed as being his expenses incurred in reliance on the plaintiff’s promise to sell it a shipwrecked oil taker which was in fact, by the defendant’s mistake, a shipwrecked oil barge.
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Kemp v R [1951] HCA 39
ON 17 JULY 1951, the High Court of Australia delivered Kemp v R [1951] HCA 39; (1951) 83 CLR 341 (17 July 1951).
The accused had been indicted on three counts of indecent assault and acquitted of two. A new trial was held for the third, resulting in conviction.
During the new trial, the complainant gave evidence of similar acts consisting of offences on two occasions prior to the third. The High Court held that the evidence was not admissible as it may have included the two counts of which the accused had been acquitted.
Accordingly, the court held that the conviction could not stand. Instead of ordering a new trial, the court ordered that the conviction be quashed as the accused had served nearly two years of the sentence.
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Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5
ON 9 MARCH 1951, the High Court of Australia delivered Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5; (1951) 83 CLR 1 (9 March 1951).
http://www.austlii.edu.au/au/cases/cth/HCA/1951/5.html
The Commonwealth Parliament enacted the Communist Party Dissolution Act 1950 (Cth) to dissolve the Australian Communist Party of Australia and also empower the Government to dissolve other associations. The High Court held that the legislation was invalid because it was beyond the power of the Commonwealth Parliament under the Constitution and the rule of law.
Sydney, Australia
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Tatham v Huxtable [1950] HCA 56
ON 11 DECEMBER 1950, the High Court of Australia delivered Tatham v Huxtable [1950] HCA 56; (1950) 81 CLR 639 (11 December 1950).
http://www.austlii.edu.au/au/cases/cth/high_ct/81clr639.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
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European Convention on Human Rights
ON 4 NOVEMBER 1950, the European Convention on Human Rights was signed. It came into effect on 3 September 1953.
www.echr.coe.int/Documents/Convention_ENG.pdf
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Deatons Pty Ltd v Flew [1949] HCA 60
ON THIS DAY in 1949, the High Court of Australia delivered Deatons Pty Ltd v Flew [1949] HCA 60; (1949) 79 CLR 370 (12 December 1949).
http://www.austlii.edu.au/au/cases/cth/HCA/1949/60.html
Sydney, Australia
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1949 | People’s Republic of China
ON 1 OCTOBER 1949, the People’s Republic of China was founded.
http://english.gov.cn/2005-08/05/content_20813.htm
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R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33
ON 9 AUGUST 1949, the High Court of Australia delivered R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 (9 August 1949).
http://www.austlii.edu.au/au/cases/cth/HCA/1949/33.html
A court has a discretion to withhold the granting of a writ of mandamus:
“For example the writ may not be granted if a more convenient and satisfactory remedy exists, if no useful result could ensue, if the party has been guilty of unwarrantable delay or if there has been bad faith on the part of the applicant, either in the transaction out of which the duty to be enforced arises or towards the court to which the application is made. The court’s discretion is judicial and if the refusal of a definite public duty is established, the writ issues unless circumstances appear making it just that the remedy should be withheld.” (at 400).
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R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33
ON 9 AUGUST 1949, the High Court of Australia delivered R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 (9 August 1949).
http://www.austlii.edu.au/au/cases/cth/HCA/1949/33.html
A court has a discretion to withhold the granting of a writ of mandamus:
“For example the writ may not be granted if a more convenient and satisfactory remedy exists, if no useful result could ensue, if the party has been guilty of unwarrantable delay or if there has been bad faith on the part of the applicant, either in the transaction out of which the duty to be enforced arises or towards the court to which the application is made. The court’s discretion is judicial and if the refusal of a definite public duty is established, the writ issues unless circumstances appear making it just that the remedy should be withheld.” (at 400).
Sydney, Australia
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