ON 11 MAY 1944, the High Court of Australia delivered Fairweather v Fairweather [1944] HCA 11; (1944) 69 CLR 121 (11 May 1944)
http://www.austlii.edu.au/au/cases/cth/high_ct/69clr121.html
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Attorney-General v Trustees of the National Art Gallery of NSW (1945) 62 WN (NSW) 212
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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White v Australian and New Zealand Theatres Limited [1943] HCA 6
White v Australian and New Zealand Theatres Limited [1943] HCA 6; (1943) 67 CLR 266 (29 April 1943).
http://www.austlii.edu.au/au/cases/cth/high_ct/67clr266.html
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Bourhill v Young [1942] UKHL 5
ON 5 AUGUST 1942, the House of Lords delivered Bourhill v Young [1942] UKHL 5 (5 August 1942).
http://www.bailii.org/uk/cases/UKHL/1942/5.html
A car and motorcycle collided near a tram causing fatal injuries to the motorcyclist. The motorcyclist was travelling at excessive speed and was at fault. A passenger on the tram heard the sound of the collision but saw nothing. She was startled by the noise of the collision, suffering nervous shock, though she was not in immediate physical injury herself. She observed blood on the roadway after the motorcyclists body had been removed. She later suffered a miscarriage. She claimed damages including losses to her business arising from the nervous shock.
The House of Lords held that the motorcyclist was not guilty of negligence as he did not owe a duty of care to the tram passenger as he could not have reasonably foreseen the likelihood that anyone placed as her (in a position of apparent safety) could have been affected in such a manner.
Sydney, Australia
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South Australia v Commonwealth (“First Uniform Tax case”) [1942] HCA 14
ON 23 JULY 1942, the High Court of Australia delivered South Australia v Commonwealth (“First Uniform Tax case”) [1942] HCA 14; (1942) 65 CLR 373 (23 July 1942).
http://www.austlii.edu.au/au/cases/cth/HCA/1942/14.html
The Commonwealth passed four Acts
- Income Tax Act 1942, which imposed income tax as high as 90 percent, leaving no room for additional state income tax.
- States Grants Act 1942, allowing grants to states who did not impose income tax.
- Section 221 of the Income Tax Assessment Act 1942, requiring Commonwealth taxes to be paid before state taxes.
- the Income Tax (Wartime Arrangements) Act 1942, requiring the states to transfer to the Commonwealth all tax collection officers, offices, equipment and records.
The effect of the four acts was to put an end to the end of state income taxes.
The Act was challenged in the High Court by South Australia, Victoria, Queensland and Western Australia. The Court dismissed the actions, holding that the four pieces of legislation were valid.
The solicitor for the Commonwealth was Fred Whitlam, the father of the Honourable Edward Gough Whitlam AC QC, Prime Minister of Australia from 1972 to 1975.
Sydney, Australia
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Bull v Fulton [1942] HCA 13
ON 20 JULY 1942, the High Court of Australia delivered Bull v Fulton [1942] HCA 13; (1942) 66 CLR 295 (20 July 1942).
http://www.austlii.edu.au/au/cases/cth/high_ct/66clr295.html
Sydney, Australia
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Timbury v Coffee [1941] HCA 22
ON 28 July 1941, the High Court of Australia delivered Timbury v Coffee [1941] HCA 22; (1941) 66 CLR 277 (28 July 1941).
http://www.austlii.edu.au/au/cases/cth/high_ct/66clr277.html
Sydney, Australia
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Yerkey v Jones [1939] HCA 3
ON 6 MARCH 1939, the High Court of Australia delivered Yerkey v Jones [1939] HCA 3; (1939) 63 CLR 649 (6 March 1939).
http://www.austlii.edu.au/au/cases/cth/HCA/1939/3.html
Yerkey v Jones provides that: (1) a wife may have a guarantee set aside if the consent was obtained by undue influence, unless she received independent advice (at 649, per Dixon J); and (2) a wife has a prima facie right to have a guarantee set aside if she failed to understand the effect of the guarantee or its significance, unless steps were taken by the lender to inform the wife of such matters (at 683, per Dixon J).
Sydney, Australia
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Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66
ON 23 DECEMBER 1938, the High Court of Australia delivered Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66; (1938) 61 CLR 286 (23 December 1938).
http://www.austlii.edu.au/au/cases/cth/HCA/1938/66.html
Only nominal damages should be awarded when a breach of contract causes no identifiable loss. The right to nominal damages follows as “a matter of course”.
A term of a contract will be regarded as a condition if it goes to the very substance of the contract.
Sydney, Australia
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Mosman Anzac Memorial Hall Act 1938 (NSW)
ON 14 OCTOBER 1938, the NSW Mosman Anzac Memorial Hall Act 1938 was enacted.
http://www.austlii.edu.au/au/legis/nsw/consol_act/mamha1938237/
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