ON 1 JULY 1993, the substantive provisions of the NSW Local Government Act 1993 commenced.
http://www.austlii.edu.au/au/legis/nsw/consol_act/lca2007131/
Sydney, Australia
1300 00 2088
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Mosman Lawyers
Foster v R [1993] HCA 80
ON 19 MAY 1993, the High Court of Australia delivered Foster v R [1993] HCA 80; (1993) 113 ALR 1; (1993) 67 ALJR 550; (1993) 66 A Crim R 112 (19 May 1993).
http://www.austlii.edu.au/au/cases/cth/HCA/1993/80.html
1300 00 2088
Walton v Gardiner [1993] HCA 77
ON 29 April 1993, the High Court of Australia delivered Walton v Gardiner [1993] HCA 77; (1993) 177 CLR 378; (1993) 112 ALR 289; (1993) 67 ALJR 485 (29 April 1993).
Stay of proceedings – Inherent jurisdiction – Abuse of process – Medical practitioners – Complaints
http://www.austlii.edu.au/au/cases/cth/HCA/1993/77.html
The NSW Court of Appeal had granted a stay of proceedings concerning new complaints made against three medical practitioners regarding their treatment of patients at the Chelmsford Private Hospital in Sydney on the grounds that the new complaints raised issues overlapping with earlier complaints such that they were so unfairly and unjustly oppressive that they constituted an abuse of process.
The High Court affirmed the Court of Appeal’s decision, holding that the court has the inherent power or jurisdiction to stay proceedings as an abuse of process if the continuation of the proceedings would involve unacceptable injustice or unfairness. The court also held that the grounds upon which such a stay is granted is not limited to matters where the proceedings are brought for an improper purpose or where there is no possibility of a fair hearing.
Sydney, Australia
1300 00 2088
Commonwealth v Northern Land Council [1993] HCA 24
ON 21 APRIL 1993, the High Court of Australia delivered Commonwealth v Northern Land Council [1993] HCA 24; (1993) 176 CLR 604 (21 April 1993).
http://www.austlii.edu.au/au/cases/cth/high_ct/176clr604.html
1300 00 2088
Nagle v Rottnest Island Authority [1993] HCA 76
ON 21 APRIL 1993, the High Court of Australia delivered Nagle v Rottnest Island Authority [1993] HCA 76; 177 CLR 423; (1993) Aust Torts Reporter 81-211; (1993) 112 ALR 393; (1993) 67 ALJR 426 (21 April 1993).
http://www.austlii.edu.au/au/cases/cth/HCA/1993/76.html
Nagle became a quadriplegic after diving into a swimming hole and striking his head on a submerged rock. It was known to Rottnest that visitors engaged in this activity.
Rottnest was liable to pay Nagle damages as it had breached its duty of care to Nagle to warn him of the risk of submerged rocks.
The risk was foreseeable: “Whether small or not, the risk was certainly not far-fetched or fanciful.”
The accident was cased by a failure on the part of Rottnest to erect a sign.
The Civil Liability Acts have since altered the obligations and responsibilities of public authorities and occupiers in such situations.
Sydney, Australia
1300 00 2088
Re Gilda Johnston and Murray Robert Johnston v Delata Pty Limited [1993] FCA 79
Re Gilda Johnston and Murray Robert Johnston v Delata Pty Limited; JP Hargreaves and Co Pty Limited and John Patrick Hargreaves Trading As Richardson and Wrench Neutral Bay and Sherelle Bergmann [1993] FCA 79 (10 March 1993).
http://www.austlii.edu.au/au/cases/cth/FCA/1993/79.html
1300 00 2088
Disability Discrimination Act 1993 (Cth)
ON 1 MARCH 1993, the Disability Discrimination Act 1992 (Cth) commenced.
Sydney, Australia
1300 00 2088
Baltic Shipping Company v Dillon [1993] HCA 4
ON 10 FEBRUARY 1993, the High Court of Australia delivered Baltic Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344; (1993) 111 ALR 289; (1993) 67 ALJR 228 (10 February 1993).
http://www.austlii.edu.au/au/cases/cth/HCA/1993/4.html
As an exception to the rule that damages are not available for mental distress and disappointment arising from a breach of contract, such damages may be awarded if the contract in question contemplated the delivery of enjoyment, relaxation or peace of mind.
1300 00 2088
Re General Newspapers Pty Limited; Double Bay Newspapers Pty Limited and Brehmer Fairfax Pty Limited T/As Hannanprint v Australian and Overseas Telecommunications Corporation Limited [1993] FCA 5
Re General Newspapers Pty Limited; Double Bay Newspapers Pty Limited and Brehmer Fairfax Pty Limited T/As Hannanprint v Australian and Overseas Telecommunications Corporation Limited [1993] FCA 5 (15 January 1993).
http://www.austlii.edu.au/au/cases/cth/FCA/1993/5.html
Sydney, Australia
1300 00 2088
Appointment of Queens Counsel
ON 14 DECEMBER 1992, Queens Counsel were appointed in New South Wales for the last time.
1300 00 2088
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