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FEATURED CASES

Blake v AG ...

Canada v Miller ...

A v National Blood Authority ...

Estate of Walker v Canadian ...

Governor of North Carolina ...

Home Office v Wainwright ...

Townsend v Carlson ...

McInnes v Minister ...

PGA Tour Inc v Martin ...

Saint James & Seacroft ...

Kuddus v Chief Constable ...

O'Shea v Free4Internet.net ...

New York Times Co Inc ...

Therrien v Minister ...

Optident Ltd v Secretary of ...

KLM Royal Dutch Airlines ...

Estate of Lubbe v Cape Plc ...

Part 1

  • Case No.

    1. Bush v Gore [USSC]

      • File size: 176kb

      • Matter: election - re-counting votes - state law requires mandatory recount in the event a candidate is defeated by a margin of 0.5% or less - ballot papers with punched out holes designed for machine counting - machine missed out ballots with improperly punched holes - state supreme court ordered manual re-count of "legal votes" - what constitutes "legal votes"

    2. Commissioner of Inland Revenue v Secan Ltd [CFA]

      • File size: 52kb

      • Matter: revenue - assessment of taxable profits and allowable losses - capitalisation of interest.

    3. Camco Inc v Whirlpool Corporation [SCC]

      • File size: 143kb

      • Matter: patent - double patenting - validity - construction of claims.

    4. L ...ehmann v Jackson [NZCA]

      • File size: 52kb

      • Matter: contract - misrepresentation - advertisement and pre-contractual representation and information - Contractual Remedies Act 1979 - Contractual Mistakes Act 1977.

    5. Blake v AG [HL]

      • File size: 129kb

      • Matter: confidential information - official infomation gained by member of securities & intelligence services - breached confidentiality undertaking by disclosing info in an autobiography - recovery of profit gained from breach - restitutionary damages.

    6. Concut Pty Ltd v Worrell [HCA]

      • File size: 109kb

      • Matter: contract - written contract of employment was preceded by an oral contract - employee guilty of misconduct justifying summary dismissal - effect of written contract on employer's right of dismissal.

    7. Secretary for Justice v To [CFA]

      • File size: 93kb

      • Matter: land - title - temple land - chinese law & custom - ownership claim by a t'ong (an association, unincorporated but recognised by legislation, of individuals with continuous succession through patrilineal descent).

    8. Pacific National Investments Ltd v Victoria City [SCC]

      • File size: 210kb

      • Matter: contract - implied terms - contract with City Council for land development - in response to objections by the public the City Council re-zoned the land & restricted development - whether re-zoning is a breach of implied term.

    9. Gillett v Holt [CAEW]

      • File size: 120kb

      • Matter: proprietory estoppel - assurance/promise - reliance on assurance/promise - detriment.

    10. Birkdale Service Station Ltd v Commissioner of Inland Revenue [NZCA]

      • File size: 93kb

      • Matter: revenue - taxable income - Mobil and retailers entered into a series of contracts that were designed to lock dealers in an exclusive supply of Mobil products - the contracts require Mobil to pay retailers compensation for having to improve their stations - whether payment amounts to gain by retailers in their ordinary course of business.

    11. McCann v Switzerland Insurance Australia Ltd [HCA]

      • File size: 313kb

      • Matter: insurance - professional indemnity - interpretation - exclusion clause in respect of dishonesty, fraud or omission.

    12. Arthur JS Hall & Co v Simons [HL]

      • File size: 360kb

      • Matter: lawyers - immunity from negligence suits.

    13. Lewis v Cotton [NZCA]

      • File size: 76kb

      • Matter: succession - mutual wills - formation of mutual wills.

    14. Fashion Gossip Ltd v Esprit Telecoms UK Ltd [CAEW]

      • File size: 74kb

      • Matter: restitution - unjust enrichment - conspiracy to deceive - whether allegation of conspiracy (e.g. sham, fraud, and 'scam') could be dealt with summarily.

    15. Farrelly v Gruar [NZCA]

      • File size: 43kb

      • Matter: family - break-up of a de facto relationship - division of assets - equity - constructive trust - beneficial interest in property - expectations interest.

Part 2

  • Case No.

    1. Fullers Bay of Islands Ltd v Commerce Commission [NZCA]

      • File size: 51kb

      • Matter: competition - ferry service - whether service was carried out in a manner to lessen competition - whether service provided was in compliance with licence - interpretation of public documents.

    2. Naeem v BCCI SA [CAEW]

      • File size: 140kb

      • Matter: contract - restitution - release agreement - ignorance of rights - unconscionable conduct.

    3. Best v Best [SCC]

      • File size: 215kb

      • Matter: family - divorce - matrimonial assets - division of pension money.

    4. Uni-Polaris Shipping Co Ltd v Manifest Shipping Co Ltd [HL]

      • File size: 189kb

      • Matter: admiralty - marine insurance - constructive total loss caused by fire - unseaworthiness - duty of utmost good faith / uberrimae fidei - a continuing duty - whether the duty extends to disclosure of information in a litigation between insured and insurer.

    5. Al-Sabah v. Grupo Torras SA [CAEW]

      • File size: 219kb

      • Matter: fraud - conspiracy by directors to defraud company - standard of proof - liability of co-directors under Spanish Companies Law Act 1989 - dishonest assistance & knowing receipt - constructive trust - conflict of laws

    6. Stringer v Norwich CC [CAEW]

      • File size: 39kb

      • Matter: restitution - recovery of money paid to public authority pursuant to wrongful demand.

    7. Lam v Tsang [CFA]

      • File size: 71kb

      • Matter: negligence - damages - loss of accumulation of wealth - principles governing assessment of loss of wealth accumulation.

    8. Clay v Clay [HCA]

      • File size: 105kb

      • Matter: equity - "express trustee" - will with trust for sale, power to postpone sale & power of advancement - executor sold & transferred estate property to guardian of beneficiaries - breach of fiduciary duty by guardian.

    9. Consorzio Del Prosciutto Di Parma v Asda Stores Ltd [HL]

      • File size: 123kb

      • Matter: consumer protection - origin of products - Prosciutto di Parma (Parma ham) is a protected designation of origin (PDO) for ham produced in Parma - Parma ham was imported & then packaged in Wiltshire and described as Parma ham - whether description is lawful - whether PDO protection is directly enforceable in member states.

    10. White v NZ Stock Exchange [NZCA]

      • File size: 109kb

      • Matter: practice & procedure - appeal - time period for filing appeal - commencement of time period.

    11. Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd [HCA]

      • File size: 76kb

      • Matter: patent - validity & revocation of granted patent - incomplete specification - description of invention.

    12. Robinson v Tait [NZCA]

      • File size: 33kb

      • Matter: companies - allotment of shares by public company without prospectus - liability of directors under s.37 of the Securities Act 1978.

    13. Slivak v Lurgi (Aust) Pty Ltd [HCA]

      • File size: 145kb

      • Matter: building - erection of structure was not according to design - steel plate fell & fatally injured workman - whether designer has a duty to ensure that those erecting the structure are safe from injury and risks to health.

    14. McGhan Medical UK Ltd v Nagor Ltd [Ch.D]

      • File size: 163kb

      • Matter: patent - infringement - silicone prostheses for implantation - interpretation of patent - common general knowledge - validity of patent.

    15. Cindy Leung v Wu [CFA]

      • File size: 50kb

      • Matter: land - title - a person (through her attorney) assigned her title (to a flat) to a company - company then assigned title to vendor - the power of attorney went missing - manager of vendor & solicitor who witnessed first assignment each purchaser requisitioned & was not satisfied that vendor had proved good title - purchaser sued for return of deposit payment - whether declaration by solicitor may be admitted as secondary evidence to prove vendor's title - omnia praesumuntur rite esse acta.

Part 3

  • Case No.

    1. Spire Freesers Ltd v Canada [SCC]

      • File size: 38kb

      • Matter: revenue - partnership formed for tax purposes - existence / validity of partnership - assessment of partnership income / losses - allowable tax deduction.

    2. Backman v Canada [SCC]

      • File size: 70kb

      • Matter: revenue - partnership formed for tax purposes - existence / validity of partnership - assessment of partnership income / losses - allowable tax deduction.

    3. Dear v Reeves [CAEW]

      • File size: 46kb

      • Matter: bankruptcy - property of bankrupt - whether "right of pre-emption" is property.

    4. Baird Textile Holdings Ltd v Marks & Spencer Plc [CAEW]

      • File size: 138kb

      • Matter: contract - existence of contract - promissory estoppel - shield or sword?

    5. Babb v Merrett [CAEW]

      • File size: 139kb

      • Matter: professional negligence - property valuer - valuer was employed as manager of a firm of valuers - he prepared a mortgage valuation report for building society to finance a purchaser - report failed to account for settlement cracks (value would have been been lower) - whether valuer was liable to purchaser.

    6. Canada v Miller [SCC]

      • File size: 79kb

      • Matter: courts - jurisdiction - employee claimed for damages suffered by reason of poor air quality in the building housing the headquarter of international body - immunity of international body - jurisdiction of court to hear claim.

    7. Norwich Union Insurance Ltd v Hayward [CAEW]

      • File size: 62kb

      • Matter: insurance - private car policy - construction of policy - duty to prevent loss or damage to car.

    8. James Beauchamp v Nationwide Building Society [CAEW]

      • File size: 57kb

      • Matter: professional negligence - lawyers - retained by bank in a mortgage scheme for property development - defective security documents.

    9. A v National Blood Authority [QBD]

      • File size: 910kb

      • Matter: consumer protection - product liability - blood & blood products infected with Hepatitis C - damages for infection.

    10. Steen v AG [CAEW]

      • File size: 182kb

      • Matter: contempt - publication of Crown confidential information.

    11. Greymouth Petroleum Mining Co Ltd v Fletcher Challenge Ltd [NZCA]

      • File size: 43kb

      • Matter: companies

    12. TrafFix Devices Inc v Marketing Displays Inc [USSC]

      • File size: 34kb

      • Matter: trademark - infringement - trade dress infringement - unfair competition - antitrust.

    13. Waikato Freight & Storage (1988) Ltd v Meltzer [NZCA]

      • File size: 85kb

      • Matter: companies - liquidation - transactions having preferential effect - s.292 Companies Act 1993 - statutory exception of transactions "in the ordinary course of business".

    14. Borealis AB v Stargas Ltd [HL]

      • File size: 128kb

      • Matter: admiralty - carriage of goods - contamination of goods - point of contamination.

    15. HK v Lee [CFA]

      • File size: 295kb

      • Matter: criminal procedure - stay of criminal proceedings - charge of conspiracy to defraud & publishing false statement of account - whether the investigator who was appointed to investigate affairs of suspected corporation can extend information he obtained during investigation to prosecuting authorities - whether publication of the investigator's report is prejudicial to the suspect.

Part 4

Part 5

Part 6

  • Case No.

    1. Royal Brompton Hospital v Hammond [CAEW]

      • File size: 176kb

      • Matter: practice & procedure - case management - power to exclude an issue from consideration - no prospect of success.

    2. Townsend v Carlson [CAEW]

      • File size: 59kb

      • Matter: practice & procedure - report by medical expert engaged under the Pre-Action Protocol for Personal Injury Claims - disclosure of report.

    3. G&M Aldridge Pty Ltd v Walsh [HCA]

      • File size: 48kb

      • Matter: companies - insolvency - preference payments & transfer of property by insolvent company.

    4. Integrity Cars Ltd v Chief Executive of NZ Customs Service [NZCA]

      • File size: 70kb

      • Matter: revenue - import tariff - used cars imported from Japan - assessment of car value for tariff computation.

    5. Cooper Industries Inc v Leatherman Tool Group Inc [USSC]

      • File size: 93kb

      • Matter:  trademark - advertising & selling imtation products - unfair competition - damages & punitive damages.

    6. McInnes v Minister of Transport [NZCA]

      • File size: 59kb

      • Matter: public administration - new features in driving licence - consultation process prior to introduction of features - public comment.

    7. Aroso v Coutts & Co [Ch.D]

      • File size: 82kb

      • Matter: equity - money in bank account held in joint names - resulting trust.

    8. Petroleo Brasiliero SA v Mellitus Shipping Inc [CAEW]

      • File size: 92kb

      • Matter: admiralty - carriage by sea - contaminated cargo - discharged & sold at a discount - cleaning vessel to remove contamination - expenses incurred and time lost.

    9. PGA Tour Inc v Martin [USSC]

      • File size: 180kb

      • Matter: sports - professional golf tournament - competition rules - participation by disabled contestants - use of golf cart.

    10. Saint James & Seacroft University Hospital v Parkinson [CAEW]

      • File size: 140kb

      • Matter: professional negligence - doctors - failed laparoscopic sterilisation procedure - child conceived & borned with disability - damages for (1) special care and need relating to disability & (2) basic maintenance.

    11. Queenstown Airport Corporation Ltd v Skipworth [NZCA]

      • File size: 62kb

      • Matter: environment - noise - respondent's plans to develop land which she owned nearby airport were affected by air noise boundary imposed by District Council - pursuant to her application under s.185, Resource Management Act 1991, Environment Court ordered Airport Corporation to acquire her land - whether Environment Court had jurisdiction - whether Environment Court had exercised discretion properly according to the Act.

    12. New Hampshire v Maine [USSC]

      • File size: 41kb

      • Matter: practice & procedure - judicial estoppel - Piscataqua River lies at southeastern end of New Hampshire’s boundary with Maine - New Hampshire claimed ownership in river and harbour - Maine said the issue had already been resolved previously in (1) a boundary determination by King George II in 1740; & (2) a consent order recorded by Supreme Court in 1977 fixing the boundary along the "middle of the river" - whether middle of river means Maine shore of the river - whether New Hampshire is barred by judicial estoppel.

    13. Ja Pye (Oxford) Ltd v South Gloustershire DC [CAEW]

      • File size: 45kb

      • Matter: contract - validity - appellant was granted planning permission to develop land - in anticipation of the grant it had an agreement with the planning authority - agreement is conditional upon grant of planning permission and is for acquisition of land to build link road within the development - land was eventually conveyed to appellant & road was constructed - but appellant refused to pay purchase price - whether in the circumstances the agreement was an agreement to buy planning permission. 

    14. Clarence Holdings Ltd v Hall [NZCA]

      • File size: 72kb

      • Matter: companies -

    15. Rodway v Landy [CAEW]

      • File size: 87kb

      • Matter: partnership - dissolution - effect on partnership property (land with building) - to sell or to partition?

Part 7

Part 8

  • Case No.

    1. 1-800 Flowers Inc v Phonenames Ltd [CAEW]

      • File size: 153kb

      • Matter: trademark - application for registration - opposition.

    2. KLM Royal Dutch Airlines v Morris [CAEW]

      • File size: 136kb

      • Matter: carriage - of passenger - by air - Art 17, Warsaw Convention: carrier's liability for bodily injury caused by accident - interpretation - purposive approach - use of travaux preparatoires to resolve ambiguities/obscurities - "accident" & "bodily injury".

    3. FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd [HCA]

      • File size: 173kb

      • Matter: insurance - professional indemnity policy - insurance coverage provided by two different insurers for two successive annual periods - indemnity was against claim (& not against occurance or liability) - occurance in the second year - liability of insurer for first year.

    4. Horsfield v Giltrap [NZCA]

      • File size: 33kb

      • Matter: family - unmarried couple in a long-standing relationship (with no cohabitation or sexual relationship) - breakdown of relationship - division of property - respondent's entitlement to appellant's superannuation benefits (wholly funded by appellant's employer).

    5. 114957 Canada Ltee (Spraytech, Societe d'arrosage) v Hudson Town [SCC]

      • File size: 148kb

      • Matter: statutes - Town of Hudson enacted by-law to restrict use of pesticides - validity of the by-law: (1) authority of Town to enact it & (2) conflict with federal & provincial legislations.

    6. Kansas v Colorado [USSC]

      • File size: 78kb

      • Matter: federation - rights of states over Arkansas River - Kansas & Colorado had a compact on apportionment and division of the river water - Kansas alleged violation by Colorado - whether damages to be assesed by the loss Kansas had suffered or by the profit Colorado had gained - whether award of monetary damages appropriate - whether Kansas had a direct interest of its own in the issue when it instituted the action.

    7. Sinclair Collis Ltd v Commissioners of Customs & Excise [HL]

      • File size: 113kb

      • Matter: revenue - supply of services - VAT - exemption (s.31 VAT Act 1994) for "grant of interest in or right over land or of any licence to occupy land" - EC Council Directive (77/388) refers to "letting of immovable property" - Sinclair provides operates & maintains vending machines for sale of cigarettes at various locations - the position of a machine in any one location may be moved about to maximise sales - whether licence to occupy land the same as letting of immovable property - whether exemption applies.

    8. Macromatic AS v Dispense Systems International BV [Ch.D]

      • File size: 169kb

      • Matter: patent

    9. Powerbeat International Ltd v AG [NZCA]

      • File size: 53kb

      • Matter: copyright - software - infringement - illegal copying - application for search warrant - validity of search warrant.

    10. Sun Alliance Life Ltd v Cox [CAEW]

      • File size: 129kb

      • Matter: labour - employment dispute leading to settlement agreement with an agreed reference - unfavourable reference given to new employer - breach of settlement agreement & duty of care.

    11. Nomoi Holdings Ltd v Elders Pastoral Holdings Ltd [NZCA]

      • File size: 121kb

      • Matter: ".... whether the respondents were bound by contract or estoppel to allow the appellants to participate in the process for the sale of certain land. The arguments addressed to this Court were essentially about the factual findings made by the High Court."

    12. Bairstow v Queens Moat Houses Plc [CAEW]

      • File size: 145kb

      • Matter: "The effect of the order on the dividends counterclaim was that the former directors were jointly and severally liable to pay to Queens Moat, with interest, the sum of £26.728m being the aggregate of ordinary dividends paid out ...."

    13. Peters (WA) Ltd v Petersville Ltd [HCA]

      • File size: 105kb

      • Matter: commerce - restraint of trade - enforceability at common law - contravention of s.45(2)(b), Trade Practices Act 1974.

    14. Imperial Cancer Research Funds v Bradley [CAEW]

      • File size: 55kb

      • Matter: succession - will - residuary gift to a church - church no longer functions and building already closed for worship & later sold - validity of the gift - consequence flowing from invalidity & rights of other residuary beneficiaries.

    15. Bernard v Space 2000 Ltd [NZCA]

      • File size: 48kb

      • Matter: contract - purchase of business - deal includes assignment of lease of the business premises - landlord consented to assignment with condition on clearance of rental arrear - purchaser's solicitors did not disclose condition to purchaser - profitability of business not as good as that represented by vendor - purchaser claimed against amongst other parties, his solicitors for not disclosing rental arrears - lost of opportunity to inquire and avoid losses.

Part 9

  • Case No.

    1. Dean v Allin & Watts [CAEW]

      • File size: 146kb

      • Matter: professional negligence - lawyers - representing the other party - duty of care

    2. Meltzer v Axiom International Ltd [NZCA]

      • File size: 46kb

      • Matter: companies - insolvency - preferential payment to creditor.

    3. Norfolk Shipbuilding & Drydock Corporation v Estate of Garris [USSC]

      • File size: 36kb

      • Matter: admiralty - wrongful death resulting from negligence breach of maritime duty of care.

    4. Ikimi v Ikimi [CAEW]

      • File size: 58kb

      • Matter: divorce - couple domiciled in Nigeria - habitual resident in England & Wales - jurisdiction of English court to hear petition.

    5. Cedric Kushner Promotions Ltd v Don King [USSC]

      • File size: 29kb

      • Matter: companies - racketeering under Racketeer Influenced and Corrupt Organisation Act, 18 U.S.C. §1961.

    6. Noel v Societe d'energie de la Baie James [SCC]

      • File size: 101kb

      • Matter: labour - labour union - exclusive legal representation by union - right of union member to bring direct action against employer.

    7. Hollis v Vabu Pty Ltd [HCA]

      • File size: 232kb

      • Matter: negligence - vicarious liability of employer.

    8. Inhale Therapeutic System Inc v Quadrant Healthcare Plc [Ch.D]

      • File size: 255kb

      • Matter: patent - storage of biochemicals - action for infringement - defence of invalidity for lack of novelty, lack of inventive step & insufficiency -

    9. Brogden v AG [NZCA]

      • File size: 35kb

      • Matter: practice & procedure - s.88A, Judicature Act 1908 - preventing a vexatious litigant from bringing or continuing with civil proceedings without leave of court.

    10. Estate of Lubbe v Cape Plc [HL]

      • File size: 98kb

      • Matter: conflict of laws - forum non conveniens - exposure to asbestos in South Africa - resulting in personal injuries & death - 3000 plaintiffs (only 1 British who is resident in England - the rest are South African) - defendant company was incorporated in England - it mined and processed asbestos in South Africa.

    11. Boston v Boston [SCC]

      • File size: 130kb

      • Matter: divorce - division of matrimonial assets - pension rights becomes income - "double recovery" - reduction of spousal support.

    12. Jones v Morgan [CAEW]

      • File size: 173kb

      • Matter: "The judge refused the order sought on the grounds that the bargain made by the agreement .... was harsh and unconscionable. He gave permission to appeal ...."

    13. Chohan v Times Newspapers Ltd [CAEW]

      • File size: 49kb

      • Matter: practice & procedure - time limitation on enforcement of judgment - creditor's petition presented for unpaid taxed costs - commencement of limitation period for enforcement of order on costs.

    14. Benchmark Building Supplies Ltd v Weatherby [NZCA]

      • File size: 34kb

      • Matter: banking - guarantee - given as security for loan - induced by misrepresentation - material variation of loan contract - liability of guarantor - summary judgment.

    15. Somer International (UK) Ltd v National Westminster Bank Plc [CAEW]

      • File size: 112kb

      • Matter: restitution - mistaken transfer of money - money partly & mistakenly used by recipient - defence of change of position - amount of re-payment by recipient.

Part 10

[.... END OF 2001 ....]

 

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