Mosman Lawyers
ON 2 FEBRUARY 1998, the High Court of Australia delivered Romeo v Conservation Commission of the Northern Territory [1998] HCA 5; 192 CLR 431; 151 ALR 263; 72 ALJR 208 (2 February 1998) .
http://www.austlii.edu.au/au/cases/cth/HCA/1998/5.html
Sydney, Australia
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ON 23 January 1998, the High Court of Australia delivered Pyrenees Shire Council v Day [1998] HCA 3; 192 CLR 330; 151 ALR 147; 72 ALJR 152 (23 January 1998).
http://www.austlii.edu.au/au/cases/cth/HCA/1998/3.html
The High Court rejected the “doctrine of general reliance” of Sutherland Shire Council v Heyman (1985) 157 CLR 424 (1985) 157 CLR 424.
Sydney, Australia
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ON 20 JANUARY 1998, the High Court of Australia delivered Palmer v R [1998] HCA 2; 193 CLR 1; 151 ALR 16; 72 ALJR 254 (20 January 1998).
http://www.austlii.edu.au/au/cases/cth/high_ct/1998/2.html
1300 00 2088
ON 20 JANUARY 1998, the High Court of Australia delivered R v Swaffield [1998] HCA 1; 192 CLR 159; 151 ALR 98; 72 ALJR 339 (20 January 1998).
http://www.austlii.edu.au/au/cases/cth/HCA/1998/1.html
Sydney, Australia
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ON 19 DECEMBER 1997, the NSW Parliament enacted the Protection of the Environment Operations Act 1997.
The Act, which commenced on 1 July 1999, repealed and consolidated a number of the state’s environmental laws including:
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
1300 00 2088
Avon Products Pty Ltd (Brookvale) Clerical Employees Consent Award [1997] NSWIRComm 122 (29 September 1997).
http://www.austlii.edu.au/au/cases/nsw/NSWIRComm/1997/122.html
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ON 18 SEPTEMBER 1997, the Federal Court of Australia delivered McIlhenny Co v Blue Yonder Holdings Pty Ltd formerly trading as Tabasco Design & Anor [1997] FCA 962 (18 September 1997).
It is possible for a trademark to refer to another well known trademark, as long as the goods or services are not likely to appear to be connected and there is no likelihood of deception or confusion.
1300 00 2088
Sim v Powell [1997] NSWSC 393 (10 September 1997).
http://www.austlii.edu.au/au/cases/nsw/NSWSC/1997/393.html
Sydney, Australia
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ON 14 AUGUST 1997, the High Court of Australia delivered Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; (1997) 188 CLR 313; (1997) 146 ALR 572; (1997) 71 ALJR 1428 (14 August 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/39.html
A landlord has a duty to its tenants to use reasonable care and skill to provide safe premises. The obligation is limited to repair of defects which the landlord was or should have been aware. The landlord must reasonably respond to any information it receives as to the existence of any defect.
The court held that the rule in the English decision of Cavalier v Pope Cavalier v Pope [1906] AC 428 (a landlord is immune from liability in tort for defective premises causing injury) should no longer be followed in Australian law as it is inconsistent with the principles concerning of duty of care developed since Donoghue v Stevenson.
Sydney, Australia
1300 00 2088
ON 24 JULY 1997, the High Court of Australia delivered Postiglione v R [1997] HCA 26; (1997) 189 CLR 295; (1997) 145 ALR 408; (1997) 71 ALJR 875 (24 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/26.html
The decision is an exposition of the principle of due proportionality set out in the earlier decision of the court in Lowe v R [1984] HCA 46; (1984) 154 CLR 606 (2 August 1984).
Different sentences may be imposed upon like offenders to reflect different degrees of culpability or different circumstances of the offenders.
At 302, Dawson and Gaudron JJ said:
“Discrepancy or disparity is not simply a question of the imposition of different sentences for the same offence. Rather, it is a question of due proportion between those sentences, that being a matter to be determined having regard to the different circumstances of the co-offenders in question and their different degrees of criminality.”
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