Tag Archives: PERSONAL INJURY

Administrative Law, Elder Law, LAW FIRM

R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32

ON 19 JULY 1979, the High Court of Australia delivered R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32; (1979) 180 CLR 322; (1979) 25 ALR 497 (19 July 1979).

http://www.austlii.edu.au/au/cases/cth/HCA/1979/32.html

The Commonwealth Minister for Health was required to consider, when conducting a review of a refusal to increase fees, the costs necessarily incurred by the approved nursing home in the provision of its services.

In this case the Minister considered that the nursing home’s increased rent was not a cost necessarily incurred because it was higher than rent normally paid by other nursing homes in the state.

The court held that the Minister failed to properly deal with the application because the rent was necessarily incurred in order to obtain possession of the premises.

The court granted a mandamus directing the Minister to consider the application according to law.

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Civil procedure, Constitutional law, Human Rights, LAW FIRM

Coe v Commonwealth [1979] HCA 68

ON THIS DAY IN 1979, the High Court of Australia delivered Coe v Commonwealth [1979] HCA 68; (1979) 53 ALJR 403; (1979) 24 ALR 118.  The appellant, Paul Coe, was unsuccessful in his appeal for leave to amend a statement of claim in proceedings seeking declarations and orders on behalf of the aboriginal community that Australia had not been validly occupied under the doctrine of terra nullius.

Gibbs J said: “The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before the court dispassionately, lucidly and proper form.”

The legal questions were ultimately decided in the Mabo case in 1992.

http://www.austlii.edu.au/au/cases/cth/HCA/1979/68.html

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Family Law, Injunctions, LAW FIRM

R v Dovey; Ex parte Ross [1979] HCA 14

R v Dovey; Ex parte Ross [1979] HCA 14; (1979) 141 CLR 526 (3 April 1979).

http://www.austlii.edu.au/au/cases/cth/high_ct/141clr526.html

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Constitutional law, LAW FIRM

Islamic Republic of Iran

ON THIS DAY in 1979, the Islamic Republic of Iran was proclaimed.

 

Appeals, Evidence, LAW FIRM, Negligence

Warren v Coombes [1978] HCA 9

ON 13 MARCH 1979, the High Court of Australia delivered Warren v Coombes [1979] HCA 9; (1979) 142 CLR 531 (13 March 1979).

http://www.austlii.edu.au/au/cases/cth/HCA/1979/9.html

An appellate court may decide on the proper inference to be drawn from the facts found by a judge sitting alone at trial. Whilst it may give respect and weight to the trial judge’s conclusions, the appellant court must not shrink from giving effect to the conclusion that it reaches.

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Civil procedure, LAW FIRM, Planning Law, Practice and Procedure

Australian Conservation Foundation v Commonwealth [1979] HCA 1

Australian Conservation Foundation v Commonwealth [1979] HCA 1; (1980) 146 CLR 493 (16 February 1979).

http://www.austlii.edu.au/au/cases/cth/high_ct/146clr493.html

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Insurance Law, LAW FIRM, Personal Injury

Sporting Injuries Insurance Act 1978 (NSW)

ON THIS DAY in 1978, the NSW Parliament enacted the Sporting Injuries Insurance Act 1978.

http://www.austlii.edu.au/au/legis/nsw/consol_act/siia1978323

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Sydney, Australia

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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.

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Sydney, Australia

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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

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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

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