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Anglia Television Ltd v Reed [1972] | 29 July 1971

ON 29 JULY 1971, the English Court of appeal delivered Anglia Television Ltd v Reed [1972] 1 Q.B. 60.

http://faculty.law.ubc.ca/biukovic/supplements/anglia.htm

The defendant, Robert Reed, was an American actor best known for his role as Mike Brady in the Brady Bunch television series. In 1968 he contracted with the plaintiff, Anglia Television Ltd, to act in a movie to be filmed in Great Britain. Due to a mix-up with his bookings, the defendant repudiated the contract. The plaintiff sought damages for wasted expenditure incurred before and after the formation of the contract. The defendant argued that the plaintiff was only entitled to wasted expenditure after the contract.

The trial judge awarded the defendant damages for the wasted expenditure incurred both before and after the formation of the contract. The Court of Appeal dismissed the defendant’s appeal.

Lord Denning MR held: “If the plaintiff claims the wasted expenditure, he is not limited to the expenditure incurred after the contract was concluded. He can claim also the expenditure incurred before the contract, provided that it was such as would reasonably be in the contemplation of the parties as likely to be wasted if the contract was broken”.

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Criminal Law

NSW Custody Statistics: Quarterly Update June 2014

ON 28 JULY 2014, the NSW Custody Statistics for the June Quarter were released.

Click to access nswcustodystatisticsjun2014.pdf

Numbers of adults and juveniles in custody fell significantly over the period from April to June. Adults dropped by 27% and juveniles dropped 16%.

The drop is said to be attributable to a fall in the number of defendants being held in remand, which coincides with the introduction of the new Bail Act 2013 (NSW).

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Courts and Tribunals, Judges

Justice Blanch retirement

The Chief Judge of the District Court of NSW, Justice R O Blanch AM, is to retire.

A retirement ceremony is to be held at 9.30am on 7 August 2014 in the Banco Court, Queens Square, Sydney.

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Sydney, Australia

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Appeals, Causation, Negligence, Personal Injury

Bunnings Group Ltd v Borg [2014] NSWCA 240

ON 28 JULY 2014, the NSW Court of Appeal delivered Bunnings Group Ltd v Borg [2014] NSWCA 240.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172896

The Court of Appeal allowed an appeal against a District Court decision awarding damages to customer of Bunnings Dural who was injured when some timber sleepers fell off a forklift onto his foot.

The Court of Appeal found that there was insufficient factual findings to come to the conclusion of negligence: there was conflicting evidence of the tilting of the forklift and no evidence about effect of warning or what would have occurred if there were more staff.

The Court of Appeal found that there were insufficient findings for it to make a substituted judgment.

The Court of Appeal set aside the verdict and ordered a retrial on the grounds that the trial judge failed to make clear findings about breach and causation as required under the Civil Liability Act 2002, ss 5B, 5C, 5D and 5E.

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Planning Law

Klaric v Mosman Municipal Council [2014] NSWLEC 1156

ON 28 July 2014, the NSW Land and Environment Court delivered Klaric v Mosman Municipal Council [2014] NSWLEC 1156.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=173330

The court upheld an appeal and granted consent to the modification of a development modification application in respect of consent for a dwelling house at 69 Parriwi Road, Mosman.

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Courts and Tribunals

Federal Circuit Court of Australia

The Federal Circuit Court of Australia http://www.federalcircuitcourt.gov.au/ first sat in 2000 as the Federal Magistrates Court of Australia and in 2012 was re-named the Federal Circuit Court of Australia.

The court exercises federal jurisdiction under the Australian Constitution, sharing the jurisdictions of the Federal Court and Family Court of Australia. The court hears federal matters such as administrative law, admiralty law, banking law, child support, copyright, family law, human rights, industrial law, privacy, and trade practices.

The court aims to offer a simpler and more convenient alternative to the Federal Court and the Family Court.

The court is presided over by a Chief Judge (currently Chief Judge John Pascoe AO CVO) and a number of Judges.

The court sits in the locations of the other federal courts. The main locations are in Melbourne, Dandenong, Sydney, Adelaide, Brisbane, Cairns, Darwin, Launceston, Hobart, Newcastle, Perth and Townsville. The court also conducts sittings in other metropolitan and regional areas.

The Sydney registry is located at the Federal Court registry, Law Courts Building, Level 17, Queens Square, Sydney NSW 2000, tel (02) 9230 8567. In Sydney the court sits at either John Maddison Tower, Level 6, 88 Goulburn Street, Sydney NSW 2000 or TTG Building, Levels 10 and 12, 80 William Street, Sydney NSW 2000.

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Sydney, Australia

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Business law

Business law in NSW

Businesses in New South Wales are governed by many state and federal laws, including:

 

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Sydney, Australia

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Civil procedure, Criminal Procedure, Practice and Procedure

Williams v Spautz [1992] HCA 34 | 27 July 1992

ON 27 JULY 1992, the High Court of Australia delivered Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 (27 July 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/34.html

The case concerns the use of the court’s power to grant a stay of proceedings when the proceedings have been used for an improper purpose.

After being dismissed from the University of Newcastle, Dr Spautz threatened, instituted and maintained private prosecutions of charges of conspiracy and criminal defamation against former colleagues including Professor Williams and others (“the appellants”).

The appellants obtained a stay of proceedings order from the Supreme Court of NSW. The trial judge found that the proceedings had been brought for the improper purpose of “exerting pressure upon the University of Newcastle to reinstate him and/or to agree to a favourable settlement of his wrongful dismissal case”.

The NSW Court of Appeal quashed the orders, holding that the appellants could receive a fair trial and that there was no evidence of any misconduct in the way the prosecution was conducted.

The High Court allowed an appeal, setting aside the Court of Appeal’s decision, declaring that the prosecutions were an abuse of process and ordering that the prosecutions be stayed permanently.

The decision provides:

  • Australian courts have the inherent jurisdiction to stay criminal and civil proceedings.
  • The court may grant stays in (1) proceedings in which a party may not receive a fair trial and (2) proceedings brought for an improper purpose.
  • Before granting a stay for improper purpose, the court is not required to satisfy itself that there will be an unfair trial if the prosecution is not stopped: at 519-520.
  • Proceedings may be stayed notwithstanding that the prosecution has a prima facie case: at 522.
  • The court must have the power to act effectively within its jurisdiction, even if it means refraining from exercising their jurisdiction as it is in the public interest to ensure public confidence that the processes are used fairly and not for oppression or injustice.

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Sydney, Australia

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Estates, Probate, Succession, Wills and Probate

Probate Administration Act 1898 | NSW | 27 July 1898

ON 27 JULY 1898, the NSW Wills Probate and Administration Act 1898 was enacted. The Act was renamed the Probate Administration Act 1898 in 2008, with part of the Act becoming the Succession Act 2006.

http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138

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Equity, Trade Practices

Seven Network Limited v News Limited [2007] FCA 1062 | 27 July 2007

ON 27 JULY 2007, the Federal Court of Australia delivered Seven Network Limited v News Limited [2007] FCA 1062 (27 July 2007).

http://www.austlii.edu.au/au/cases/cth/FCA/2007/1062.html

The Seven Network Limited sued News Limited and others, including Foxtel Cable Television Pty Limited and PBL, alleging anti-competitive conduct including breaches of the Trade Practices Act 1974 (Cth) and the Broadcasting Services Act 1992 (Cth).

Seven claimed that the respondents had used anti-competitive conduct to secure the rights to broadcast certain sporting events.

Justice Sackville dismissed the claims.

The judgment is notable for Sackville J’s comments about the case being one of “mega-litigation” heard over 120 sitting days involving: over 85,000 documents comprising over 500,000 pages; submissions of over 1,500 pages; pleadings of over 100,000 pages; and a transcript of over 9,500 pages.

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