ON 31 MARCH 1976, the Supreme Court of New Jersey permitted the life support system of the permanently comatose Karen Ann Quinlan to be turned off to allow her to die a natural death without any civil or criminal liability on her guardian or treatment providers: see IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT Supreme Court of New Jersey 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205
Click to access In_Re_Quinlan.pdf
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ON THIS DAY IN 1976, the Supreme Court of New Jersey delivered IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205. The guardian, hospital and treatment providers of Karen Ann Quinlan were permitted to turn off her life support system as she was in a persistent vegetative state.
Sydney, Australia
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ON THIS DAY in 1976, the Commonwealth Family Law Act 1975 commenced.
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114
Sydney, Australia
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ON 5 JANUARY 1976, the Family Court was established.
Sydney, Australia
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ON 8 DECEMBER 1975, the England and Wales Court of Appeal delivered Anton Piller KG v Manufacturing Processes Ltd & Ors [1975] EWCA Civ 12 (08 December 1975).
http://www.bailii.org/ew/cases/EWCA/Civ/1975/12.html
The Court of Appeal held that it had inherent jurisdiction to order defendants in most exceptional circumstances to “permit” the plaintiffs’ lawyers to enter the defendants’ premises to inspect and remove material. Such circumstances are (1) when the plaintiffs have a strong prima facie case of very serious actual or potential damage and (2) clear evidence of the defendants being in the possession of “vital material which they might destroy or dispose of to defeat the ends of justice before an application inter partes may be made”.
The Court of Appeal held that in very exceptional circumstances such an application may be made ex parte (in the absence of the defendants).
Sydney, Australia
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ON 11 NOVEMBER 1975, the Australian Government was dismissed by the Governor General.
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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 1 AUGUST 1975, the High Court of Australia delivered University of NSW v Moorhouse [1975] HCA 26; (1975) 133 CLR 1 (1 August 1975).
http://www.austlii.edu.au/au/cases/cth/HCA/1975/26.html
The University of NSW was declared to have authorized an infringement of the plaintiff’s copyright by providing coin operated photocopy machines without taking proper measures to prevent an infringement.
Subsequent to this decision, the Copyright Act 1968 (Cth) was amended to the effect that libraries are not to be taken as authorizing copyright infringement if a notice setting out of the relevant provisions of the Act is displayed near the photocopy machine.
ON 17 JULY 1975, the High Court of Australia delivered Petelin v Cullen [1975] HCA 24; (1975) 132 CLR 355 (17 July 1975).
http://www.austlii.edu.au/au/cases/cth/HCA/1975/24.html
Petelin owned land at Liverpool. He spoke little English and could not read English. Cullen through his agent sent Petelin $50 with a letter seeking his agreement to extend an option to purchase land for a further 6 months. Cullen’s agent then saw Petelin and asked him to sign to the letter that he received the $50. Petelin signed the letter believing he had signed a receipt, not an option.
Cullen sought an order for specific performance in the Supreme Court of NSW. The Supreme Court dismissed the action on the grounds that Petelin had made out the defence of non est factum. The NSW Court of Appeal then overturned the Supreme Court decision, ordering specific performance.
The High Court allowed Petelin’s appeal, overturning the Court of Appeal’s decision and dismissing Cullen’s action for specific performance.
The High Court found that Petelin was entitled to the defence of non est factum as he believed that he had signed a receipt, was not careless and that in any event, Cullen was not an innocent person without knowledge or reason to doubt the validity of the signature.
To make out a defence of non est factum, the defendant must show:
There is a heavy onus on the defendant to show that he or she believed the document to be radically different from what it was in fact.
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ON 8 JULY 1975, the Commonwealth Privy Council (Appeals from the High Court) Act 1975 commenced, abolishing appeals from the High Court of Australia to the Privy Council.
http://www.austlii.edu.au/au/legis/cth/consol_act/pcfthca1975417/
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