Tag Archives: Mosman Lawyers

Mosman Lawyers

Criminal Law, LAW FIRM, Legislation

Dugan v Mirror Newspapers Ltd [1978] HCA 54

ON THIS DAY in 1978, the High Court of Australia delivered Dugan v Mirror Newspapers Ltd [1978] HCA 54; (1978) 142 CLR 583 (19 December 1978).

http://www.austlii.edu.au/au/cases/cth/HCA/1978/54.html

The court held that Dugan, who was serving a commuted death sentence, was prevented by the English law of attainder to sue the Daily Telegraph for defamation. Under the law of attainder a capital felon, whilst serving a commuted sentence, cannot maintain an action in New South Wales for a civil wrong until he or she completes the sentence or receives a pardon.

Lawyers

Sydney, Australia

1300 00 2088

LAW FIRM, Planning Law

Ryde Municipal Council v Macquarie University [1978] HCA 58

Ryde Municipal Council v Macquarie University [1978] HCA 58; (1978) 139 CLR 633 (19 December 1978).

http://www.austlii.edu.au/au/cases/cth/high_ct/139clr633.html

Lawyers

Sydney, Australia

1300 00 2088

Consumer Law, LAW FIRM, Trade Practices

Re Ku-Ring-Gai Co-Operative Building Society (No 12) Ltd [1978] FCA 50

Re Ku-Ring-Gai Co-Operative Building Society (No 12) Ltd [1978] FCA 50; (1978) 36 FLR 134 (18 December 1978).

http://www.austlii.edu.au/au/cases/cth/FCA/1978/50.html

Lawyers

Sydney, Australia

1300 00 2088

Administrative Law, Criminal Law, Evidence, LAW FIRM, Privilege

Sankey v Whitlam [1978] HCA 43

ON 9 NOVEMBER 1978, the High Court of Australia delivered Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1 (9 November 1978).

Lawyers 1300 00 2088

LAW FIRM, Planning Law, Property Law

Housing Commission of NSW v San Sebastian Pty Ltd [1978] HCA 28

ON 25 JULY 1978, the High Court of Australia delivered Housing Commission of NSW v San Sebastian Pty Ltd [1978] HCA 28; (1978) 140 CLR 196 (25 July 1978).

http://www.austlii.edu.au/au/cases/cth/HCA/1978/28.html

When valuing land for the purposes of compensation for resumption, no regard is to be given to either the increase or diminution in the value of the land entirely brought about by the resumption.

See also: Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendent of Crown Lands [1947] AC 565.

Lawyers 1300 00 2088

Criminal Law, Criminal Procedure, Evidence, LAW FIRM, Practice and Procedure

Bunning v Cross [1978] HCA 22

ON 14 JUNE 1978, the High Court of Australia delivered Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54 (14 June 1978).

http://www.austlii.edu.au/au/cases/cth/HCA/1978/22.html

A court has the discretion to admit or exclude evidence that is improperly or illegally obtained. In exercising its discretion, the court is to weigh up the competing public requirements of (a) bringing to criminal wrongdoing to conviction and (b) protecting all individuals from unfair and unlawful treatment.  The onus is on the accused to prove misconduct and justify the exclusion.

Lawyers

1300 00 2088

Consumer Law, LAW FIRM, Trade Practices

Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd [1978] HCA 11

Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd [1978] HCA 11; (1978) 140 CLR 216 (19 April 1978).

http://www.austlii.edu.au/au/cases/cth/high_ct/140clr216.html

Lawyers 1300 00 2088

LAW FIRM, Trade Practices

Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd [1978] HCA 11

Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Ltd [1978] HCA 11; (1978) 140 CLR 216 (19 April 1978).

http://www.austlii.edu.au/au/cases/cth/HCA/1978/11.html

Lawyers

Sydney, Australia

1300 00 2088

Constitutional law, Criminal Law, Landmark cases, LAW FIRM

Viro v R [1978] 141 CLR 88

ON 11 APRIL 1978, the High Court of Australia delivered Viro v R [1978] HCA 9; (1978) 141 CLR 88 (11 April 1978).

The High Court held that it is no longer bound by decisions of the Privy Council in the United Kingdom.  The court is “pre-eminently equipped to decide what is the law for Australia”.

http://www.austlii.edu.au/au/cases/cth/HCA/1978/9.html

Lawyers

Sydney, Australia

1300 00 2088

Damages, LAW FIRM, Personal Injury, Uncategorized

Griffiths v Kerkemeyer [1977] HCA 45

ON 31 AUGUST 1977, the High Court of Australia delivered Griffiths v Kerkemeyer [1977] HCA 45; (1977) 139 CLR 161 (31 August 1977).

At common law, a person disabled by the fault of another may recover damages for the commercial value of any necessary nursing and domestic services provided gratuitously by a friend or relative.

Legislation such as the Civil Liability Acts modify the common law, limiting the circumstances of entitlement and the amounts that may be claimed.

Lawyers

Sydney, Australia

1300 00 2088