Tag Archives: SOLICITORS

Home Building Compensation Fund (HBCF)

The Home Building Act 1989 has been amended so that from 15 January 2015 the Home Warranty Insurance Fund has been renamed the Home Building Compensation Fund (HBCF). A new register of certificates issued and claims made can be accessed by visiting hbcf.nsw.gov.au.

Lawyers

1300 00 2088

Overseas Tankship (U.K.) Ltd v Morts Dock & Engineering Company Ltd (“Wagon Mound No 1”) [1961] UKPC 1 | 18 January 1961

ON 18 January 1961, the Judicial Committee of the Privy Council delivered Overseas Tankship (U.K.) Ltd v Morts Dock & Engineering Company Ltd (“Wagon Mound No 1”) [1961] UKPC 1 (18 January 1961)

http://www.bailii.org/uk/cases/UKPC/1961/1.html

In cases of negligence, the defendant is not liable for damage just because it was a direct result of a negligent act. The Privy Council ruled that the “essential factor in determining liability is whether the damage is of such a kind as the reasonable man should have foreseen” (at 426).

Lawyers

Sydney, Australia

1300 00 2088

Queensland v J L Holdings Pty Ltd [1997] HCA 1 | 14 JANUARY 1997

ON 14 JANUARY 1997, the High Court of Australia delivered Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146; (1997) 141 ALR 353; (1997) 71 ALJR 294 (14 January 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/1.html

Per Dawson, Gaudron and McHugh JJ (at 154):

“Case management is not an end in itself. It is an important and useful aid for ensuring the prompt and efficient disposal of litigation. But it ought always to be borne in mind, even in changing times, that the ultimate aim of the court is the attainment of justice and no principle of case management can be allowed to supplant that aim.”

The decision has since been used as an authority for the propositions that (1) doing justice between the parties is paramount to the court’s use of discretion when determining an application for leave to amend (2) case management principles should not limit a court’s discretion when considering such applications and (3) an application for leave to amend should be approached on the basis that a party is entitled to raise an arguable claim subject to payment of costs by way of compensation.  Since the High Court’s 2007 decision in Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 http://www.austlii.edu.au/au/cases/cth/HCA/2009/27.html, JL Holdings no longer is authority for propositions (2) and (3).

Lawyers

Sydney, Australia

1300 00 2088

Nader v General Motors Corporation 25 NY2d 560, 255 NE2d 647, 307 NYS2d 647, 1970 NY | 8 January 1970

ON THIS DAY IN 1970, the Court of Appeals of New York delivered Nader v General Motors Corporation 25 NY2d 560, 255 NE2d 647, 307 NYS2d 647, 1970 NY.

http://h2o.law.harvard.edu/cases/109

Lawyers

Sydney, Australia

1300 00 2088

R v Toohey; Ex parte Northern Land Council [1981] HCA 74 | 24 December 1981

ON 24 DECEMBER 1981, the High Court of Australia delivered R v Toohey; Ex parte Northern Land Council [1981] HCA 74; (1981) 151 CLR 170 (24 December 1981).

Delegated legislation of the Governor in Council is invalid if made for an improper purpose, namely, a purpose which is not within the scope of the empowering legislation, even if it appears valid on its face. The Crown and its agents are not immune from challenge when acting not in good faith or for ulterior purpose.

Lawyers

Sydney, Australia

1300 00 2088

Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40 | 23 December 1996

ON THIS DAY in 1996, the High Court of Australia delivered Wik Peoples v Queensland (“Pastoral Leases case”) [1996] HCA 40; (1996) 187 CLR 1; (1996) 141 ALR 129; (1996) 71 ALJR 173 (23 December 1996).

http://www.austlii.edu.au/au/cases/cth/HCA/1996/40.html

  • Rights and obligations under pastoral leases are conferred by statute and do not necessarily extinguish native title nor confer exclusive possession to the lessees.
  • It is possible that pastoral leases and native title might co-exist.
  • In the event of an inconsistency between the two, the rights under the pastoral lease prevail over the native title rights.

Lawyers

Sydney, Australia

1300 00 2088

Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66 | 23 December 1938

ON 23 DECEMBER 1938, the High Court of Australia delivered Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd [1938] HCA 66; (1938) 61 CLR 286 (23 December 1938).

http://www.austlii.edu.au/au/cases/cth/HCA/1938/66.html

Only nominal damages should be awarded when a breach of contract causes no identifiable loss. The right to nominal damages follows as “a matter of course”.

A term of a contract will be regarded as a condition if it goes to the very substance of the contract.

Lawyers

Sydney, Australia

1300 00 2088

Balmain New Ferry Co Ltd v Robertson [1906] HCA 83 | 18 December 1906

ON 18 DECEMBER 1906, the High Court of Australia delivered Balmain New Ferry Co Ltd v Robertson [1906] HCA 83; (1906) 4 CLR 379 (18 December 1906).

http://www.austlii.edu.au/au/cases/cth/HCA/1906/83.html

A party who wishes to rely on a contractual term is required to show that it did all that was reasonable to bring term to the other party’s attention.

The plaintiff was not considered to have been falsely imprisoned by the ferry terminal’s turnstiles as he was considered to be free to leave the premises by water.

Lawyers

1300 00 2088

Kioa v West [1985] HCA 81 | 18 December 1985

ON 18 DECEMBER 1985, the High Court of Australia delivered Kioa v West [1985] HCA 81; (1985) 159 CLR 550 (18 December 1985).

http://www.austlii.edu.au/au/cases/cth/HCA/1985/81.html

The High Court recognized that an administrative decision maker has duty of acting fairly or according procedural fairness under the rules of natural justice.

A decision was made to deport Mr Kioa and his family back to Tonga on the grounds of him changing his address without notifying the department and engaging with Tongan illegal immigrants. Mr Kioa was given an opportunity to make submissions but was not informed of the adverse allegations.

The High Court held that a failure to disclose to Mr Kioa the adverse allegations and allow him the opportunity to respond was a failure to afford procedural fairness.

As a fundamental principle of natural justice, an opportunity must be given to deal with adverse information that is credible, relevant and significant to the decision to be made.


Lawyers

Sydney, Australia

1300 00 2088

Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 | 17 December 2010

ON THIS DAY in 2010, the NSW Court of Appeal delivered Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 (17 December 2010).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/357.html

Lawyers

Sydney, Australia

1300 00 2088