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FEATURED CASES

Reno v ACLU ...

Barclays Bank Plc v Boulter ...

Chartier v Chartier ...

Wood v Christchurch Golf ...

Michaels v Berezovsky ...

Crisford v Haszard ...

Owen v Residual Health ...

US v Playboy Entertainment ...

Westpac Banking Corpn ...

 

Part 1

Part 2

Part 3

Part 4

Part 5

  • Case No.

    1. Wood v Christchurch Golf Club Inc [NZCA]

      • File size: 40kb

      • Matter: labour - unjustified dismissal - temporary secretarial post - amalgamation of two clubs with resulting structural changes in management - redundancy of temporary secretarial post - whether resignation or dismissal.

    2. Resource 1, the [CFA]

      • File size: 76kb

      • Matter: admiralty - arrest of ship - ship owner applied to set aside warrant of arrest & for return of bail bond - time for bringing action in rem against ship -  jurisdiction to issue warrant of arrest

    3. AG v Hull [NZCA]

      • File size: 76kb

      • Matter: land - compulsory acquisition - acquired land no longer needed for public works - offered back to previous owner at market value (s.40, Public Works Act) - assessment of market value.

    4. Bilgola Enterprises Ltd v DYMOCKS Franchise Systems (NSW) Pty Ltd [NZCA]

      • File size: 103kb

      • Matter: franchise - termination of franchise agreement - claim for entitlement to purchase business assets & assignment of leasehold interests - counterclaim for misrepresentation, breach of contract, restraint of trade & damages.

    5. Lindsay v Milloy [NZCA]

      • File size: 53kb

      • Matter: investment - investment advisers - purchase of shares - venture company established for public floating - company not suitable for floating - misrepresentation - advisers' failure to disclose seller of shares & true financial position of company - breach of fiduciary duty - negligence.

    6. Arbridge Developments Ltd v Weatherby Developments Ltd [NZCA]

      • File size: 25kb

      • Matter: companies - winding-up - statutory demand - setting aside demand - substantial dispute on indebtedness - counterclaims / set-offs

    7. Geier v American Honda Motor Co Inc [USSC]

      • File size: 147kb

      • Matter: motor accident - car has no airbags - statutory provision requires car manufacturers to equip some 1987 cars with passive restraint (eg air bags) - whether manufacturer negligent.

    8. Jolley v Sutton LBC [HL]

      • File size: 54kb

      • Matter: occupier's liability - foreseeability of accident - breach of duty of care - contributory negligence.

    9. Alfred McAlpine Construction Ltd v Panatown Ltd [HL]

      • File size: 353kb

      • Matter: building - contract of services - Panatown engaged McAlpine (by a contract of services) to erect building on land owned by third party - work was defective - land owner suffered loss but Panatown did not - Panatown claimed against contractor for damages suffered by land owner.

    10. Quality King Distributors Inc v L'anza Research International Inc [USSC]

      • File size: 62kb

      • Matter: copyright - label for hair products - exclusive right to distribute copies of copyrighted works - prohibition of importation - "first sale" doctrine.

    11. Lafarge Redlands Aggregates Ltd v Shephard Hill Civil Engineering Ltd [HL]

      • File size: 102kb

      • Matter: arbitration - construction dispute - delay & extension of time - employer, main contractor & sub-contractor - effect of arbitration agreement between employer and main contractor on sub-contractor.

    12. Michaels v Berezovsky [HL]

      • File size: 144kb

      • Matter: defamation - publication of defamatory words in Forbes within jurisdiction & in the internet - plaintiffs are Russians with extensive personal & business connection with England - forum non conveniens: England or Russia?.

    13. Friedmann Equity Developments Inc v Final Note Ltd [SCC]

      • File size: 97kb

      • Matter: contract - agency - contract signed by agent under seal - principle not disclosed - enforcement of contract against undisclosed principle - the sealed contract rule - whether to abolish rule.

    14. Grincelis v House [HCA]

      • File size: 91kb

      • Matter: motor accident - damages awarded in respect of care rendered by victim's parents - interest recoverable under s.69, Supreme Court Act 1933 on damages awarded.

    15. Empress Abalone Ltd v Langdon [NZCA]

      • File size: 31kb

      • Matter: labour - employment contract - scope of employment - interpretation of contract - invention by employee - ownership of invention.

Part 6

  • Case No.

    1. Crisford v Haszard [NZCA]

      • File size: 40kb

      • Matter: practice & procedure - discovery - recorded telephone conversation (and transcript of recording) - inspection of recording & transcript - litigation privilege.

    2. Owen v Residual Health Management Unit [NZCA]

      • File size: 41kb

      • Matter: professional negligence - doctors - child suffered brain damage during birth and is seriously impaired - parents claimed to have suffered nervous shock by reason of negligence on the part of respondents.

    3. Robert Bryce & Co Ltd v Stowehill Investments Ltd [NZCA]

      • File size: 53kb

      • Matter: land - sublease of land - fee simple became vested in head lesee without merger of the two estates - effect on payment of ground rent by sublessee.

    4. Stewart v Kaipara Consultants Ltd [NZCA]

      • File size: 33kb

      • Matter: land - caveat - interim order to sustain caveat until final determination of claim - interim order would be cancelled if undertaking to hold in solicitor's account $60,000-00 out of the proceeds from sale of properties concerned was given - discretion of the Master.

    5. Nelson v Adams USA Inc [USSC]

      • File size: 41kb

      • Matter: practice & procedure - joinder of party - application to amend pleading to join president and sole shareholder as party to recover costs awarded against company - amendment of award on costs.

    6. US v Playboy Entertainment Group Inc [USSC]

      • File size: 120kb

      • Matter: media entertainment - adult programmes - Telecommunications Act 1996 requires TV operators to block access to adult programmes or to limit their transmission - legality of legislation - violation of First Amendment.

    7. Countrywide Banking Corporation v Eadie [NZCA]

      • File size: 32kb

      • Matter: practice & procedure - inordinate delay - dismissal for want of prosecution - judge's discretion.

    8. Kong v Lau [CFA]

      • File size: 22kb

      • Matter: insurance - beneficiary - nomination of beneficiary in policy.

    9. Morgan & Bank Ltd v Gemini Personnel Ltd [NZCA]

      • File size: 52kb

      • Matter: fiduciary duty - breach - striking out.

    10. Darker v Chief Constable of the West Midlands Police [HL]

      • File size: 135kb

      • Matter: courts - proceedings - immunity from legal actions in respect of things said or done in the course of proceedings - limits of immunity.

    11. Cadogan Estates Ltd v McMohan [HL]

      • File size: 81kb

      • Matter: landlord & tenant - interpretation - tenant's covenant on bankruptcy - whether condition or obligation.

    12. Raider Ltd v Secretary of Justice [CFA]

      • File size: 51kb

      • Matter: land - condition on use - breach of condition.

    13. Dooney v Henry [HCA]

      • File size: 68kb

      • Matter: practice & procedure - striking out - stay.

    14. Nagasaki Spirit, the [HL]

      • File size: 81kb

      • Matter: admiralty - salvage - oil spill - damage to environment - duties of salvors and rewards.

    15. Turkington v Times Newspapers Ltd [HL]

      • File size: 95kb

      • Matter: defamation - qualified privilege under Defamation Act 1955 (Northern Ireland).

Part 7

[.... END OF 2000 ....]

 

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