ON 23 NOVEMBER 1993, the NSW Court of Appeal delivered Bugden v Rogers (1993) Aust Tort Reports 81-246.
Sydney, Australia
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Edwards v R [1993] HCA 63
ON 17 NOVEMBER 1993, the High Court of Australia delivered Edwards v R [1993] HCA 63; (1993) 178 CLR 193; (1993) 68 A Crim R 349 (17 November 1993).
http://www.austlii.edu.au/au/cases/cth/high_ct/178clr193.html
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Weissensteiner v R [1993] HCA 65
ON 17 NOVEMBER 1993, the High Court of Australia delivered Weissensteiner v R [1993] HCA 65; (1993) 178 CLR 217; (1993) 68 A Crim R 251 (17 November 1993).
http://www.austlii.edu.au/au/cases/cth/high_ct/178clr217.html
The accused’s election to exercise the right to silence is not free from consequences. In this case, the majority of the High Court held that the trial judge did not make an error by directing the jury that the prosecution’s inferences could be more safely drawn when “the accused elects not to give evidence of relevant facts which can be easily perceived to be in his knowledge”.
Mason CJ, Deane and Dawson JJ said: “Much depends upon the circumstances of the particular case and a jury should not be invited to take into account the failure of the accused to give evidence unless that failure is clearly capable of assisting them in the evaluation of the evidence before them.”
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In the Appeal Of: Suzanne Best Appellant and Gary William Best [1993] FamCA 107
In the Appeal Of: Suzanne Best Appellant and Gary William Best [1993] FamCA 107 (8 October 1993).
http://www.austlii.edu.au/au/cases/cth/FamCA/1993/107.html
Sydney, Australia
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Dart Industries Inc v Decor Corporation Pty Ltd (“Lettuce Crisper case”) [1993] HCA 54
The majority was of the view that purpose of an account of profits is not to punish the defendant but to prevent their unjust enrichment.
Per Mason CJ, Deane, Dawson and Toohey JJ at 111:
“Damages and an account of profits are alternative remedies ((6) See Neilson v. Betts (1871) LR 5 HL 1, at p.22; Lever v. Goodwin (1887) 36 ChD 1, at p.7; Patents Act 1990 (Cth), s.122(1).).
An account of profits was a form of relief granted by equity whereas damages were originally a purely common law remedy ((7) cf. Meagher, Gummow and Lehane, Equity: Doctrines and Remedies, 3rd ed. (1992), pp.659-660.). As Windeyer J pointed out in Colbeam Palmer Ltd. v. Stock Affiliates Pty. Ltd. ((8) [1968] HCA 50; (1968) 122 CLR 25, at p.34.), even now ((9) See Patents Act 1952 (Cth), s.118(1); Patents Act 1990 (Cth), s.122.) an account of profits retains its equitable characteristics in that a defendant is made to account for, and is then stripped of, profits which it has dishonestly made by the infringement and which it would be unconscionable for it to retain. An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent its unjust enrichment ((10) My Kinda Town Ltd. v. Soll (1983) RPC 15, at p.55; Potton Ltd. v. Yorkclose Ltd. (1989) 17 FSR 11, at pp.14, 15; Sheldon v. Metro-Goldwyn Pictures Corp. [1940] USSC 57; (1940) 309 US 390, at
p.399.). The ordinary requirement of the principles of unjust
enrichment that regard be paid to matters of substance rather than
technical form ((11) See Baltic Shipping Co. v. Dillon [1993] HCA 4; [1993] HCA 4; (1993) 176 CLR 344, at p.376.) is applicable.”
Per McHugh J at 123:
“The object of an account of profits is to make the infringer give up its gains in order to prevent its unjust enrichment. No element of punishment is involved.”
Sydney, Australia
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Nightwalkers, eavesdroppers and brothel keepers
ON 24 SEPTEMBER 1993, the NSW Crimes Act 1900 was amended to abolish the offences of common nightwalking, eavesdropping and keeping a brothel.
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/
Sydney, Australia
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Cambodian constitution
ON 21 SEPTEMBER 1992, the Constitution of the Kingdom of Cambodia was adopted.
Click to access section_01_01_ENG.pdf
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ICAC v Cornwall (1993) 38 NSWLR 207
ON 8 SEPTEMBER 1993, the Supreme Court of NSW delivered Independent Commission Against Corruption v Cornwall (1993) 38 NSWLR 207.
Journalist Deborah Cornwall was found guilty of contempt for not disclosing the names of unnamed police officers who told her that underworld figure Arthur “Neddy” Smith had been a police informer.
Ms Cornwall received a two month suspended sentence and 90 hours of community service.
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Cheatle v R [1993] HCA 44
ON 26 AUGUST 1993, the High Court of Australia delivered Cheatle v R [1993] HCA 44; (1993) 177 CLR 541 (26 August 1993).
http://www.austlii.edu.au/au/cases/cth/HCA/1993/44.html
South Australian law allowed for a majority verdict of 10 or 11 jurors. Mr and Mrs Cheatle were convicted by a majority verdict of a South Australian jury for the indictable offence of conspiracy to defraud the Commonwealth. The High Court allowed an appeal, holding that s80 of the Constitution required unanimous verdicts for Commonwealth indictable offences. A new trial was ordered.
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Trade Practices Commission v Service Station Association Limited [1993] FCA 405
ON 26 AUGUST 1993, the Federal Court of Australia delivered Trade Practices Commission v Service Station Association Limited [1993] FCA 405; (1993) Atpr 41-260 (1993) 116 ALR 643 (1993) 44 FCR 206 (26 August 1993).
Section 45 of the Trade Practices Act 1974 (Cth) prohibits a corporation from making or giving effect to contracts, arrangements or understandings in restraint of trade. The court held that an arrangement or understanding does not necessarily require an element of mutual commitment but, in practice, reciprocity of obligation would ordinarily be assumed by the other party.
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