ON 4 NOVEMBER 1950, the European Convention on Human Rights was signed. It came into effect on 3 September 1953.
www.echr.coe.int/Documents/Convention_ENG.pdf
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Tag Archives: SYDNEY LEGAL
Deatons Pty Ltd v Flew [1949] HCA 60
ON THIS DAY in 1949, the High Court of Australia delivered Deatons Pty Ltd v Flew [1949] HCA 60; (1949) 79 CLR 370 (12 December 1949).
http://www.austlii.edu.au/au/cases/cth/HCA/1949/60.html
Sydney, Australia
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1949 | People’s Republic of China
ON 1 OCTOBER 1949, the People’s Republic of China was founded.
http://english.gov.cn/2005-08/05/content_20813.htm
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer
R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33
ON 9 AUGUST 1949, the High Court of Australia delivered R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 (9 August 1949).
http://www.austlii.edu.au/au/cases/cth/HCA/1949/33.html
A court has a discretion to withhold the granting of a writ of mandamus:
“For example the writ may not be granted if a more convenient and satisfactory remedy exists, if no useful result could ensue, if the party has been guilty of unwarrantable delay or if there has been bad faith on the part of the applicant, either in the transaction out of which the duty to be enforced arises or towards the court to which the application is made. The court’s discretion is judicial and if the refusal of a definite public duty is established, the writ issues unless circumstances appear making it just that the remedy should be withheld.” (at 400).
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R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33
ON 9 AUGUST 1949, the High Court of Australia delivered R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 (9 August 1949).
http://www.austlii.edu.au/au/cases/cth/HCA/1949/33.html
A court has a discretion to withhold the granting of a writ of mandamus:
“For example the writ may not be granted if a more convenient and satisfactory remedy exists, if no useful result could ensue, if the party has been guilty of unwarrantable delay or if there has been bad faith on the part of the applicant, either in the transaction out of which the duty to be enforced arises or towards the court to which the application is made. The court’s discretion is judicial and if the refusal of a definite public duty is established, the writ issues unless circumstances appear making it just that the remedy should be withheld.” (at 400).
Sydney, Australia
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German Constitution
ON 23 MAY 1949, the Basic Law for the Federal Republic of Germany was passed into law. It has amended in 1990 by the Unification Treaty of 31 August and Federal Statute of 23 September.
http://www.servat.unibe.ch/icl/gm00000_.html
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Bolton v Stone [1951] UKHL 2
ON 10 MAY 1951, the House of Lords delivered Bolton v Stone [1951] AC 850; [1951] 1 All ER 1078; [1951] UKHL 2 (10 May 1951).
http://www.bailii.org/uk/cases/UKHL/1951/2.html
Liability does not extend to damage caused by a certain act or omission unless the possibility of causing the damage was reasonably foreseeable at the time.
The damage is not reasonably foreseeable if the likelihood of it happening involves a risk so small that a reasonable person would feel justified in disregarding it.
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1949 | Nationality and Citizenship Act
ON THIS DAY in 1949, the Commonwealth Nationality and Citizenship Act 1948 came into force. The Act has since been repealed by the Citizenship Act 2007.
http://www.austlii.edu.au/au/legis/cth/num_act/naca1948831948320/
Universal Declaration of Human Rights
ON 10 DECEMBER 1948, the Universal Declaration of Human Rights was adopted by the UN General Assembly.
http://www.un.org/en/documents/udhr/
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Bank of NSW v Commonwealth (“Bank Nationalisation case”) [1948] HCA 7
ON 11 AUGUST 1948, the High Court of Australia delivered Bank of NSW v Commonwealth (“Bank Nationalisation case”) [1948] HCA 7; (1948) 76 CLR 1 (11 August 1948).
http://www.austlii.edu.au/au/cases/cth/HCA/1948/7.html
The High Court held that the nationalisation of banks was beyond the Commonwealth’s constitutional power.
The Banking Act 1947 (Cth) provided that the Commonwealth Bank could acquire shares in private banks, whether by agreement or compulsion. The effect of the legislation would be to grant an monopoly to the Commonwealth Bank, owned by the Commonwealth.
The Banking Act 1947 was held to be invalid on a number of grounds including (1) that it infringed the s92 constitutional guarantee of freedom of interstate trade, commerce and intercourse by compelling the States and their agencies to bank with the Commonwealth Bank and (2) the proposed acquisition was not on just terms as required under s51(xxxi).
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