Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Company Limited [1989] HCA 6; (1989) 167 CLR 177 (8 February 1989).
http://www.austlii.edu.au/au/cases/cth/high_ct/167clr177.html
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Tag Archives: LOWER NORTH SHORE
M v M [1988] HCA 68
M v M [1988] HCA 68; (1988) 166 CLR 69; (1988) 82 ALR 577; (1988) 63 ALJR 108 (8 December 1988).
http://www.austlii.edu.au/au/cases/cth/HCA/1988/68.html
Sydney, Australia
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Berckelman v Mosman Municipal Council [1988] NSLEC 88
Berckelman v Mosman Municipal Council [1988] NSWLEC 88 (11 November 1988).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/1988/88.html
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Hoch v R [1998] HCA 50
ON 5 OCTOBER 1988, the High Court of Australia delivered Hoch v R [1988] HCA 50; (1988) 165 CLR 292 (5 October 1988).
http://www.austlii.edu.au/au/cases/cth/high_ct/165clr292.html
Propensity evidence should be rejected if there is a reasonable possibility of concoction.
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Chamberlain acquittal
ON 15 SEPTEMBER 1988, Michael and Lindy Chamberlain were acquitted by the Northern Territory Court of Criminal Appeal, who quashed their earlier convictions.
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Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1998] HCA 44
ON 8 SEPTEMBER 1988, the High Court of Australia delivered Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1988] HCA 44; (1988) 165 CLR 107 (8 September 1988).
The proprietor of a building site (Blue Circle Cement) took out an insurance policy with Trident General Insurance which promised to indemnify the assured who it defined as Blue Circle Cement but also “all its subsidiary, associated and related Companies, all Contractors and Sub-Contractors and/or Suppliers”.
A contractor (McNeice) who incurred a legal liability (a judgment in favour of an injured worker) was held to be covered although not a party to the policy.
A non-party beneficiary under an insurance policy has a right at common law for benefits promised under the policy. The decision creates an exception to the privity of contract rule.
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Safety, Rehabilitation and Compensation Act 1988 (Cth)
ON 1 JULY 1998, the substantive provisions of the Commonwealth Safety, Rehabilitation and Compensation Act 1988 commenced. The Act was initially called the Commonwealth Employees’ Rehabilitation and Compensation Act 1988.
http://www.austlii.edu.au/au/legis/cth/consol_act/sraca1988368/
Sydney, Australia
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Oceanic Sun Line Special Shipping Company Inc v Fay [1998] HCA 32
ON 30 JUNE 1988, the High Court of Australia delivered Oceanic Sun Line Special Shipping Company Inc v Fay [1988] HCA 32; (1988) 165 CLR 197 (30 June 1988).
http://www.austlii.edu.au/au/cases/cth/HCA/1988/32.html
The court found that a contract of carriage was made in Australia at the time of payment and that terms and conditions printed on a ticket later issued in Greece had no effect and could not alter what was already agreed in Australia.
The court held that in a contract of carriage:
- a condition printed on a ticket has no effect to alter the contract if the ticket is issued after making the contract
- an exemption clause (excluding liability of loss) on a ticket has no effect unless the carrier does all that is reasonably necessary to bring the clause to the passenger’s notice.
The court also held that when a defendant applies for a stay or dismissal of proceedings on the grounds of forum non conveniens (forum not appropriate), it must persuade the local court that the plaintiff’s claim should be brought in another court because the local court is a clearly inappropriate forum to determine the dispute.
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Cole v Whitfield (“Tasmanian Lobster case”) [1988] HCA 18
ON 2 MAY 1988, the High Court of Australia delivered Cole v Whitfield (“Tasmanian Lobster case”) [1988] HCA 18; (1988) 165 CLR 360; (1988) 78 ALR 42; (1988) 62 ALJR 303 (2 May 1988).
“Constitutional Law (Cth) – Freedom of interstate trade and commerce – Prohibition by State law of sale of undersize crayfish – Application to crayfish brought for sale from another State – The Constitution (63 & 64 Vict. c. 12), s. 92 – Sea Fisheries Regulations 1962 (Tas.), reg. 31(1) (d).”
http://www.austlii.edu.au/au/cases/cth/HCA/1988/18.html
A Tasmanian law that prohibited the possession of undersized lobsters imported from South Australia was upheld as not infringing the free trade provisions of s92 of the Constitution as it was not discriminatory in a protectionist sense.
Hawkins v Clayton [1988] HCA 15
ON 8 APRIL 1988, the High Court of Australia delivered Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988).
A firm of solicitors was held to be negligent by failing to take reasonable steps to locate an executor (a non-client) following the death of a testatrix (a client whose will they prepared and retained for safe keeping) for some six years after the testatrix’s death. The solicitors were held to be liable to pay damages for the loss suffered by the executor (who was also a residuary beneficiary) in not being able to manage the estate during the period of delay.
The majority (Brennan, Deane and Gaudron JJ) held that the solicitors owed a tortious duty of care to the executor and that the action was not statute-barred.
http://www.austlii.edu.au/au/cases/cth/HCA/1988/15.html
Sydney, Australia
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