Masters Home Improvement Australia Pty Ltd v Bunnings Limited [2014] NZIPOTM 32 (11 July 2014)
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Tag Archives: LOWER NORTH SHORE
He Kaw Teh v R [1985] HCA 43 | 11 July 1985
ON 11 JULY 1985, the High Court of Australia delivered He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523 (11 July 1985).
http://www.austlii.edu.au/au/cases/cth/HCA/1985/43.html
Even if a statute does not indicate that intent is an element of a grave criminal offence, it is to be presumed that intent is an element to be proved by the prosecution. In cases of possession, knowledge of the goods being in the accused’s custody is a necessary element and therefore knowledge must be proved by the prosecution.
In this case, the accused claimed that he did not know that he was in possession of heroin and therefore did not knowingly bring it into the country in contravention of the Customs Act.
Finding that the provision required proof of knowledge and intent, the court allowed the appeal and remitted the case back to determine the questions of knowledge and intent in accordance with the High Court’s judgment.
Sydney, Australia
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Samadi Developments Pty Limited v City of Sydney Council [2014] NSWLEC 1138
ON 11 JULY 2014, the NSW Land and Environment Court delivered Samadi Developments Pty Limited v City of Sydney Council [2014] NSWLEC 1138.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172691
Sydney City Council had refused a development application for two three bedroom units at 517-527 Elizabeth Street, Surry Hills. The Land and Environment Court upheld an appeal against the decision, granting the consent subject to conditions.
Sydney, Australia
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Jones v Grech [2001] NSWCA 208 | 10 July 2001
ON 10 JULY 2001, the NSW Court of Appeal delivered Jones v Grech [2001] NSWCA 208 (10 July 2001).
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2001/208.html
The parties had been involved in a series of de facto relationships with each other over a 32 year period. The Supreme Court made a property adjustment order that took into consideration contributions made only in the last period of cohabitation. On appeal, the Court of Appeal held that contributions made prior to the last period of cohabitation could be considered.
Sydney, Australia
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Bayssari v Bazouni [2014] NSWSC 910
ON 9 JULY 2014, the Supreme Court of NSW delivered Bayssari v Bazouni [2014] NSWSC 910 (9 July 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/910.html
The plaintiff made an application under s59 of the Succession Act 2006 seeking provision to be made out of the estate of his maternal uncle’s late wife.
On the facts, the court found that whilst the plaintiff was a member of the deceased’s household, he was not wholly or partly dependant on the deceased nor did he have a close personal relationship with her. His claim was dismissed and he was ordered to pay costs.
Sydney, Australia
1300 00 2088
NHC & RCH [2004] FamCA 633 | 9 July 2004
ON 9 JULY 2004, the Family Court of Australia delivered NHC & RCH [2004] FamCA 633 (9 July 2004).
http://www.austlii.edu.au/au/cases/cth/FamCA/2004/633.html
The decision discusses the principles to be applied with regards to adding back post-separation expenditure in a property settlement.
Sydney, Australia
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PZ v NSW Trustee and Guardian [2014] NSWCATAD
ON 23 APRIL 2014, the NSW Civil and Administrative Tribunal delivered PZ v NSW Trustee and Guardian [2014] NSWCATAD 91.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172584
The tribunal refused and dismissed an application by the daughter of a dementia sufferer to review a decision by the NSW Trustee and Guardian refusing funds to be made available for the purchase of a property as a residence for the father and daughter.
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Westpac Banking Corporation v Channel 8 Holdings Pty Ltd (No 2) [2014] NSWSC 912
ON 8 JULY 2014, the NSW Supreme Court delivered Westpac Banking Corporation v Channel 8 Holdings Pty Ltd (No. 2) [2014] NSWSC 912.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172576
The court extended a reference for pro bono assistance to the defendant for the preparation and conduct of the hearing as the defences pleaded involve some degree of technicality and require legal knowledge.
Sydney, Australia
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Privy Council (Appeals from the High Court) Act 1975 | 8 July 1975
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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Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25 | 8 July 1997
ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html
The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.
Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.
Sydney, Australia
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