TAIKING'S INTERNATIONAL CASES - ipsofactoJ.com : the knowledge channel

Case No.
1. Minnesota Mining & Manufacturing Co v NAMSA [Ch.D]
  - File size: 102kb
  - Matter: "The only outstanding issue is the question of the meaning of the phrase "gas-impermeable" in claim 13 ...."
2. Henville v Walker [HCA]
  - File size: 204kb
  - Matter: contract - inducement to contract by misleading / deceptive conduct - causation & liability - damages
3. Farmers Mutual Group Association Ltd v Watson [NZCA]
  - File size: 41kb
  - Matter: insurance - exclusion clause - subsidence of land - interpretation.
4. Palazzolo v Rhode Island [USSC]
  - File size: 125kb
  - Matter: property - acquisition - compensation.
5. Business Distributors Ltd v Patel [NZCA]
  - File size: 35kb
  - Matter: labour - breach of employment contract - demotion.
6. Screen Repair Services (Scotland) Ltd v United Wire Ltd [HL]
  - File size: 29kb
  - Matter: intellectual property - patent - repairing a patented product.
7. Patel v Daybells [CAEW]
  - File size: 86kb
  - Matter: tort - professional negligence - solicitors - conveyancing practice.
8. Commissioner of Inland Revenue v Newfields Developments Ltd [HL]
  - File size: 56kb
  - Matter: revenue - tax relief - associated company.
9. Sullivan v Moody [HCA]
  - File size: 74kb
  - Matter: tort - negligence - duty of care.
10. Aeolian Shipping SA v ISS Machinery Services Ltd [CAEW]
  - File size: 46kb
  - Matter: conflict of laws - undertaking to pay judgment sum - proper law governing the undertaking.
11. 2858-0702 Quebec Inc v Lac d'Amiante du Quebec Ltee [SCC]
  - File size: 112kb
  - Matter: civil procedure - discovery - confidentiality of information obtained during discovery.
12. Monenco Ltd v Commonwealth Insurance Co [SCC]
  - File size: 70kb
  - Matter: insurance - insurer's duty to defend
13. Royal Bank of Scotland Plc v Etridge [HL]
  - File size: 419kb
  - Matter: equity - undue influence - bank vs. wife surety.
14. Electricity Corporation of NZ Ltd v Fletcher Challenge Energy Ltd [NZCA]
  - File size: 288kb
  - Matter: contract - heads of agreement signed - existence of contract.
15. Longstaff v Birtles [CAEW]
  - File size: 38kb
  - Matter: equity - fiduciary duty - solicitors & former clients.

Part 2

Case No.
1. Sapey v Trianco Redfyre Ltd [Ch.D]
  - File size: 31kb
  - Matter: intellectual property - patent - infringement - validity (anticipation & obviousness)
2. Utrecht-America Finance Co v National Westminster Bank Plc [CAEW]
  - File size: 117kb
  - Matter: contract - take out agreement (TOA) - legal proceedings were commenced to rescind TOA - whether proceedings constitute breach of TOA - injunction to restrain breach.
3. TRW Inc v Andrew [USSC]
  - File size: 117kb
  - Matter: statutes - interpretation - time limitation - commencement of limitation period.
4. Chiu v HK [CFA]
  - File size: 61kb
  - Matter: criminal - theft - meaning of "valuable security" and "executed" in s.22(4) & (2) respectively in the Theft Ordinance Cap 210 - whether irrevocable letter of credit is "valuable security".
5. Dutton v Western Canadian Shopping Centre Inc [SCC]
  - File size: 81kb
  - Matter: civil procedure - class action - commencement of action.
6. William Hill Organisation Ltd v British Horseracing Board Ltd [CAEW]
  - File size: 68kb
  - Matter: intellectual property - database right - data relating to horseracing are collected and maintained by British Horseracing Board (BHB) - William Hill displayed BHB's data in the internet - infringement - injunction.
7. Johnson & Higgs Ltd v Aneco Reinsurance Underwriting Ltd [HL]
  - File size: 144kb
  - Matter: tort - negligence - duty of care - re-insurance - advise on availability of re-insurance cover in the market.
8. Bobux Marketing Ltd v Raynor Marketing Ltd [NZCA]
  - File size: 88kb
  - Matter: contract - interpretation - contract of indefinate period - whether terminable by reasonable notice.
9. General Manager of the Liquor Control & Licensing Branch v Ocean Port Hotel Ltd [SCC]
  - File size: 74kb
  - Matter: public administration - administrative tribunals - independence of tribunal members - tribunals empowered to impose penalties.
10. Bellinger v Bellinger [CAEW]
  - File size: 202kb
  - Matter: human rights - transsexual (M to F) - marriage - legality of marriage - meaning of "male" & "female" - gender or sex?
11. Societe Eram Shipping Co Ltd v Compagnie International de Navigation [CAEW]
  - File size: 90kb
  - Matter: practice & procedure - garnishment - garnishing judgment debtor's money held in a bank in Hong Kong with branches operating in England - no arrangement between England and HK SAR for reciprocal enforcement of judgment - whether garnishee order ought to be made absolute in respect of a debt with foreign situs - whether garnishee bank in Hong Kong would still have to discharge contractual duty owed to account holder (double jeopardy).
12. Baxter v Obacelo Pty Ltd [HCA]
  - File size: 123kb
  - Matter: tort - negligence - joint tortfeasors - damages - action against one of them was settled and judgment entered pursuant to the settlement was duly satisfied - action against the other was pursued - whether the action can be maintained.
13. UDL Argos Engineering & Heavy Industries Co Ltd v Li [CFA]
  - File size: 61kb
  - Matter: companies - insolvency - scheme of arrangement - s.166, Companies Ordinance Cap 32 - sanction of court.
14. Nguyen v Immigration & Naturalization Service [USSC]
  - File size: 112kb
  - Matter: immigration - citizenship - child of US father and Vietnamese mother - borned out of wedlock in Vietnam - child is a permanent resident in US - he committed crime in US - deportation order sought against him - whether he had acquired US citizenship.
15. Lloyds TSB Bank Plc v Shorney [CAEW]
  - File size: 69kb
  - Matter: banking - mortgage - charge created by respondents (i.e. husband & wife) over their property - order to sell property - bank increased husband's liability - increased was secured by second charge - wife was not informed - whether bank entitled to pursue wife in respect of the increased liability - whether bank has a duty to obtain wife's prior consent when increasing husband's liability.

Part 3

Case No.
1. Correctional Services Corporation v Malesko [USSC]
  - File size: 67kb
  - Matter: tort - negligence - duty of care - correction centre that houses federal prisoners & detainees operates as a private corporation under contract with Bureau of Prisons - respondent was an inmate with heart condition - an employee of the centre refused to let respondent use the elevator - respondent had to climb stairs and suffered heart attack and injured his ear - whether respondent had a cause of action against the centre - whether the principle in Bivens v 6 unknown Fed Narcotics Agents 403 US 388 (1971) may be extended.
2. Berendsen v Ontario [SCC]
  - File size: 50kb
  - Matter: civil proceduce - time limitation - action in tort against public body - whether 6 months limitation period in s.7, Public Authorities Protection Act 1990 applies - whether tortfeasor carrying out public function at material time.
3. Carter Holt Harvey Building Products Group Ltd v Commerce Commission [NZCA]
  - File size: 99kb
  - Matter: commerce - dominant position - use of dominance - building materials (insulation for walls and ceiling) - inelastic market demand - 2 for 1 pricing scheme - whether appellant enjoyed market dominance - whether appellant used dominant position to prevent and or eliminate competition.
4. Designer Guild Ltd v Russell William (Textiles) Ltd [HL]
  - File size: 101kb
  - Matter: intellectual property - copyright - infringement - copying a substantial part: s.16(3) Copyright Act 1988 - fabric design - principles governing determination of substantiality in the copying.
5. Roxborough v Rothmans of Pall Mall Australia Ltd [HCA]
  - File size: 332kb
  - Matter: restitution - common indebitatus count - money had & received - NSW passed legislation to impose tax on tobacco - respondent sold goods to appellant (price of goods included tax but tax was indicated separately) - respondent has not paid collected tax to revenue authority - tax legislation was then ruled invalid - appellant sued respondent for return of money - whether respondent has been enriched at the expense of the appellants.
6. Kensland Realty Ltd v Tam Pun & Yipp [CFA]
  - File size: 147kb
  - Matter: property - land - sale of land - "time of the essence" - agreement did not provide for split payment of purchase price - vendor issued split payment instruction less than 2 hours before time for completion - purchaser complied with instruction but was 6 minutes outside completion time - whether purchaser breached agreement - whether vendor had given purchaser reasonable time to carry out instruction.
7. Forbes Inc v Berezovsky [CAEW]
  - File size: 53kb
  - Matter: tort - defamation - striking out meanings pleaded in defence - whether striking out contravened Article 6 (ECHR) right to fair trial.
8. Newspaper Licensing Agency Ltd v Marks & Spencer Plc [HL]
  - File size: 49kb
  - Matter: intellectual property - copyright - typographical arrangement - daily newspaper - press cutting - photocopy of cuttings were made & distributed without licence - whether photocopy infringes copyright.
9. Foster v Eastbourne BC [CAEW]
  - File size: 67kb
  - Matter: contract - validity - parties compromised old contract with a new contract - new contract invalid - whether old contract spring back to life - whether acts carried out under the invalid new contract have any effect on old contract.
10. Collins v Uratemp Ventures Ltd [HL]
  - File size: 83kb
  - Matter: statutes - interpretation - meaning of "dwelling" / "dwelling house" in s.1, Housing Act 1988 - whether it must have cooking facilities.
11. Corunna Bay Holdings Ltd v Robert Gracie Dean Ltd [NZCA]
  - File size: 83kb
  - Matter: property - lease - assigment of lease - lessor required assignee to sign deed of covenant in prepared form as a condition for giving consent - the lease does not require signing of such deed - the lessor sought to secure by the deed a right not provided by the lease - whether condition reasonable.
12. Sagaz Industries Canada Inc v 671122 Ontario Ltd [SCC]
  - File size: 74kb
  - Matter: tort - vicarious liability - tyres supplier (Sagaz) engaged consultant to secure tyre supply business - consultant perpetrated a bribery scheme to get the business for Sagaz - consultant is an independant contractor - whether Sagaz vicariously liable for misconduct of consultant - re-open trial to adduce new evidence - whether trial judge exercised discretion not to do so correctly.
13. T&R Newbrook Ltd v Marshall [NZCA]
  - File size: 54kb
  - Matter: contract - discharge - parties in litigation reached compromise agreement on damages - trial judge expressed reservations as to the agreed basis for assessing damages - judge recorded the agreement at the insistance of counsels and accounting experts for the parties - whether appellant could resile from compromise agreement and argue for a different basis for assessing damages - whether the judgment recording the compromise agreement contain errors - whether judge was wrong in not awarding damages for loss of profit.
14. Farley v Skinner [HL]
  - File size: 158kb
  - Matter: tort - professional negligence - property surveyor - property near Gatwick airport - buyer engaged surveyor to investigage effect of aircraft noise - failure to investigate - noise represents significant intrusion into peace of property setting & nuisance to enjoyment of same - whether buyer may recover non-pecuniary damages against surveyor.
15. Maggbury Pty Ltd v Hafele Australia Pty Ltd [HCA]
  - File size: 185kb
  - Matter: intellectual property - patent - prior disclosure of invention - appellant (patent applicant) wished to exploit invention commercially - entered into negotiation with respondent - appellant made respondent sign confidentiality agreement before letting respondent inspect prototype -

Part 4

Case No.
1. Mirza v Birmingham Health Authority [QBD]
  - File size: 124kb
  - Matter: tort - professional negligence - doctors - claimant borned with coarctation of the aorta - resection performed (surgery involved ischaemia of spinal cord which carries a 0.5% risk of paraplegia) - coarctation recurred & claimant underwent second surgery - suffered partial paraplegia brought about by ischaemic damage to spinal cord.
2. Gray v Servino [CFA]
  - File size: 34kb
  - Matter: family - divorce - ancillary relief - application by husband to set aside (1) consent order for ancillary relief (in the alternative to vary the same) and (2) commital order (6 months suspended imprisonment) for enforcing payment of monthly sums that are in arrear and for maintenance of a child - whether husband acceded to the consent order under duress - whether husband experienced material change of circumstances warranting variation of consent order.
3. Mineral Dampier, the [CAEW]
  - File size: 93kb
  - Matter: admiralty - collision - vessels navigating in restricted visibility (as defined in Rule 19 of the Collision Regulations) - fishing fleet present - one vessel changed course & moved to east of fishing fleet - the two vessels then were on crossing course and subsequently collided - whether both vessels equally at fault for breaching Rule 19.
4. Ludco Enterprises Ltd v Canada [SCC]
  - File size: 93kb
  - Matter: revenue - deduction - tax payer incurred interest charges with respect to money borrowed to buy shares in companies - whether in tax assessment interest charges are deductible from tax payer's income - whether money borrowed was used for the purpose of earning income.
5. Gloucester CC v Ashworth Frazer Ltd [HL]
  - File size: 118kb
  - Matter: landlord & tenant - assignment of lease - lease had a restriction on use of the premises - lessee covenanted not to assign demised premises without prior consent of landlord - consent not to be unreasonably withheld - lessee applied to landlord for consent to assign premises to a third party for a certain proposed use - landlord refused to give consent on ground that restrictions on use in the lease would be contravened - whether restrictions on use would be contravened - whether the refusal to give consent unreasonable.
6. JEM AG Supply Inc v Pioneer Hi-Bred International Inc [USSC]
  - File size: 95kb
  - Matter: intellectual property - patent - utility patent - sexually reproduced corn plants - whether entitled to protection under utility patent.
7. Parsons v Norris [NZCA]
  - File size: 64kb
  - Matter: companies - charge - debenture - sole director (and shareholder) of company advanced money to company on security of debenture over company assets - loan agreement & debenture signed but debenture not registered - a fresh debenture was prepared & signed on 21/4/99 and then registered on 26/4/99 - on 8/10/99 court ordered liquidation of the company - whether the debenture is "charge" within the meaning of s.293 Companies Act - whether the fresh debenture which was created within the restricted period (s.293(6) Companies Act) is valid.
8. Loutchansky v Times Newspaper Ltd [QBD]
  - File size: 121kb
  - Matter: tort - defamation - qualified privilege - defendant published 2 defamatory articles of the plaintiff but argued (1) duty of free press to communicate to the public at large information of public interest (2) subject matter of articles are of greatest general importance to the public (3) articles were based on information obtained from sources that are reliable, authoritative & responsible - whether the public's 'right to know' gives defendant immunity - whether defendant may rely on their sources of information - whether in view of the seriousness of the allegations made in the articles defendant took steps to confirm and verify their information before publication - whether defendant entitled to immunity of qualified privilege.
9. Great North Eastern Railway Ltd v Avon Insurance Plc [CAEW]
  - File size: 47kb
  - Matter: insurance - renewal - insurance against business interruption losses arising from derailment - policy excluded insurer's liability for damage or consequential loss caused by faulty or defective workmanship - policy was up for renewal - parties held negotiation to amend the exclusion clause - negotiations concluded and policy renewed - whether exclusion clause was removed from the renewed policy.
10. BP Exploration Operating Co Ltd v Chevron Transport [HL]
  - File size: 200kb
  - Matter: admiralty - liability of owner and charterer - proof before answer - s.74 Harbours, Docks & Piers Clauses Act 1847 - vessel damaged loading arms on jetty owned by BP - BP sued Chevron Shipping Co as owner of vessel - Chevron claimed that vessel was owned by Chevron Tankers (Bermuda) Ltd - BP then sued Chevron Tankers who in turn claimed that vessel was chartered to Chevron Transport Corporation - BP then sued Chevron Transport - whether proof before answer should have been allowed - whether s.74 imposes liability on charterer or on registered owner.
11. Midland Metals Oversea Pte Ltd v The Christchurch Press Co Ltd [NZCA]
  - File size: 75kb
  - Matter: "The requirement of malice in the tort of slander of goods reflects a balancing of factors. The potential for damage to a trader’s business by untrue statements has been weighed against the undesirability of constraining free expression in the ferment of trade. The contrast with strict liability for publication of false statements defamatory of a person reflects the lesser value attributed to commercial repute or standing."
12. Marcoux v Bouchard, Dr [SCC]
  - File size: 44kb
  - Matter: tort - professional negligence - doctors - surgery - informed consent - appellant had facial neuralgia for which she underwent surgery - the surgery was not successful and further it caused her to experience analgesia dolorosa - Dr Bouchard recommended a second surgery & appellant consented - again surgery was not successful - appellant claimed that (1) she did not know that Dr Bouchard would be assisted by another doctor who would be carrying out a significant part of the surgery and accordingly she did not consent to surgery by that other doctor (2) the presence of a negative opinion by another expert was not disclosed to her - whether appellant had consented to surgery - whether appellant had given enlightened consent - whether appellant's art 19 (CCLC) right had been infringed.
13. Bonnick v Morris [PC]
  - File size: 40kb
  - Matter: defamation - whether published words bear a defamatory meaning of appellant and whether respondents entitled to the Reynolds privilege.
14. Typhoon 8 Research Ltd v Seapower Resources International Ltd [DCHK]
  - File size: 93kb
  - Matter: landlord & tenant - tenancy by estoppel - prior to letting, registered owner mortgaged property to bank - owner did not seek bank's prior consent before letting property to plaintiff as required by the terms of the mortgage - owner defaulted in the mortgage & bank commenced proceedings against owner to recover possession - bank notified plaintiff of the action & also of the fact that it had not consented to the tenancy - plaintiff believing that tenancy was at an end demanded for return of tenancy deposit held by owner - whether there was a good and enforceable tenancy agreement between owner and plaintiff given that the owner had already conveyed to the bank its title to possession.
15. SABAF SpA v MFI Furniture Centres Ltd [Ch.D]
  - File size: 86kb
  - Matter: intellectual property - patent - burners for gas hob - validity of patent - obviousness.

Part 5

Case No.
1. Smith v Bridgend CBC [HL]
  - File size: 91kb
  - Matter: building contract - contractor's plant & equipment at site - ICE clause 63(1) - the Council engaged the contractor for engineering works under ICE standard terms - later the contractor became insolvent and abandoned site - meanwhile the Council engaged new contractor - new contractor carried on site works using old contractor's plant - subsequently old contractor went into administration - administrator sued for return of plant - Council refused and relied on its rights under clause 63(1) - whether condition in clause 63(1) amounts to a unregistered floating charge that is void under s.395 of the Companies Act 1985.
2. Great-West Life & Annuity Insurance Co v Knudson [USSC]
  - File size: 89kb
  - Matter: insurance - recovery of insurance money by insurer - insurance plan taken out by employer for health & welfare of employees has reimbursement provision - the provision allowed insurer to recover insurance money from beneficiary in cases where the beneficiary is entitled to recover from third party - Knudson was covered by the plan - he was riding in a Hyundai car at the time of the accident - his suit against Hyundai & other tortfeasors ended in a negotiated settlement payout - the payout included an allocated sum for the insurer under the reimbursement provision - insurer contested the reimbursement sum allocated under the settlement payout - insurer filed action under s.503(a)(3), ERISA - whether insurer can rely on s.503(a)(3) to enforcement reimbursement provision.
3. Canada v Singleton [SCC]
  - File size: 93kb
  - Matter: revenue - tax deduction - taxpayer used his equity in law firm to buy property - he then took a loan to finance his equity - in the process he incurred interest payments - he wanted to deduct the interest payments from his income for tax assessment claiming that loan was an investment in the law firm - whether borrowed money was "used for the purpose of earning income".
4. Auckland District Law Society v Russell McVeagh McKenzie Bartleet & Co [NZCA]
  - File size: 201kb
  - Matter: legal profession - disciplinary proceedings - legal profession privilege - legal firm was under investigation by the Law Society for professional misconduct - the firm then forwarded a document to the counsel for the Law Society on an understanding that use of the document is subject to certain restrictions - the firm sought return of the document alleging breach of agreement and claiming professional privilege - whether Law Society's power to compel production of documents under the Law Practitioners Act 1986 for the purpose of investigating professional misconduct removed common law right of legal profession privilege.
5. Brewin Dolphine Bell Lawrie v Philips [HL]
  - File size: 54kb
  - Matter: companies - insolvency - s.238, Insolvency Act 1986 - company goes into liquidation within 2 years after entering into a transaction at an undervalue - whether transaction was undervalue.
6. Arrowtown Assets Ltd v Collector of Stamp Revenue [DCHK]
  - File size: 215kb
  - Matter: revenue - stamp duties -
7. Toyota Motor Manufacturing Inc v Williams [USSC]
  - File size: 51kb
  - Matter: "Respondent, claiming to be disabled because of her carpal tunnel syndrome and other related impairments, sued petitioner, her former employer, for failing to provide her with a reasonable accommodation as required by the Americans with Disability Act 1990."
8. Moltoni Corpn Pty Ltd v QBE Insurance Ltd [HCA]
  - File size: 39kb
  - Matter: "Section 54 of the Insurance Contracts Act 1984 provides that, in some circumstances, an insurer may not refuse to pay a claim, even if the contract of insurance would permit that refusal, but that the insurer's liability in respect of the claim is reduced."
9. Van de Perre v Edwards [SCC]
  - File size: 88kb
  - Matter: "The narrow power of appellate review does not allow an appellate court to delve into all custody cases in the name of the best interests of the child where there is no material error as decided in Hickey."
10. Owasso Independent School District v Falvo [USSC]
  - File size: 29kb
  - Matter: "Teachers sometimes ask students to score each other’s tests, papers, .... Respondent contends [that] .... peer grading, violates the Family Educational Rights and Privacy Act of 1974."
11. Barclays Bank Plc v Buhr [CAEW]
  - File size: 73kb
  - Matter: ".... preliminary issue as to whether Barclays could establish that the monies that Thrings received on the completion of the sale of Rectory Farm were held on any sort of trust under which Barclays had a proprietary interest."
12. Fulton v Woods [NZCA]
  - File size: 39kb
  - Matter: "Fultons relied on an oral agreement to lease alleged to contain the express term as to duration that it was for "as long as [the Fultons] liked and commencing June 1994". The agreement was further alleged to contain the implied term that the lease would be determined on reasonable notice."
13. Frost v Warner [HCA]
  - File size: 100kb
  - Matter: "The appellants commenced proceedings .... claiming damages for nervous shock and other psychological trauma .... [alleging] that the accident occurred because the vessel was overloaded and that Mr Warner had been negligent in allowing "far too many people to travel on this vessel."
14. 539938 Ontario Ltd v Derksen [SCC]
  - File size: 75kb
  - Matter: "The CGL policy excluded coverage for bodily injury or property damage arising out of the ownership, use or operation of an automobile and for bodily injury or property damage with respect to which any motor vehicle policy is in effect."
15. Dal-Sterling Group Plc v WSP South & West Ltd [QBD]
  - File size: 101kb
  - Matter: "Champerty is maintenance to which, as Lord Mustill put it in Giles v Thompson at page 161, "there must be added the notion of a division of the spoils"."

Part 6

Case No.:
1. Profilati Italia SRL v Painewebber Inc [QBD]
  - File size: 63kb
  - Matter: "The market in aluminium did pick up during 1994 and 1995 so that Profilati's call options for those years would have gained considerably in value. Profilati therefore sought to recover what it had lost as a result of PaineWebber's action in selling the options and closing its account."
2. O'Brien v MGN Ltd [CAEW]
  - File size: 40kb
  - Matter: sports - contract - terms of contract - scratchboard game - Newspaper carried scratchboard games with monetary rewards for winners - the game also include a call-up for mystery price - O'Brien won - in fact Newspaper had mistakenly printed more than one winning number - by the games rule a draw was made - whether the contract includes the rules.
3. Lord Mayor & Citizens of Westminter v Delaware Mansions Ltd [HL]
  - File size: 61kb
  - Matter: tort - nuisance - tree roots encroachnment - remedial expenditure - recoverability - highway authority planted trees in the footpath along highway - nearby flats suffered structural cracks as a result of dessication & shrinkage of soil brought about by tree roots - whether expenditure incurred in remedying cracks are recoverable.
4. First National Bank Plc v Director General of Fair Trading [HL]
  - File size: 108kb
  - Matter: "To ensure that they were able to recover not only the full sum of principal outstanding but also any interest accruing on that sum after judgment as well as before, it became the practice for lenders to include in their credit agreements a term to the effect of the term here in issue."
5. Dorku Ltd v Green Park Properties Ltd [CFA]
  - File size: 37kb
  - Matter: property - sale of property - area of property sold was inaccurately described - whether buyer may avoid contract.
6. Modhl v British Athletic Federation [CAEW]
  - File size: 200kb
  - Matter: sports - doping - appellant's urine sample tests revealed higher than permissible level of testosteron - the Disciplinary Committee of BAF (members of the Committee were selected by the Drugs Advisory Committee) found her guilty of doping and declared her ineligible to contest for a period of time - the Independant Appeal Panel allowed her appeal - she then sued BAF for breach of contract - implied terms: (1) the Drug Advisory Committee has duty to take all reasonable steps to ensure that members of Disciplinary Committee are free of bias & (2) she has a fair & impartial hearing - whether the parties have intention to create a legal relationship.
7. JP v MK [SCIre]
  - File size: 54kb
  - Matter: "While .... the wife of a rich man could always expect a substantially greater award both in income and in capital than the parties to the average marriage, I very much doubt that a policy of equal division of assets .... has prevailed under common law rules since the beginning of the 19th century, or even the 20th century ...."
8. TV NZ Ltd v Ah Koy [NZCA]
  - File size: 82kb
  - Matter: "the law of defamation protects the plaintiff’s reputation, not his character .... [F]or the reasons already traversed, it does not seem to us to be just that a defendant should be allowed to mitigate on the basis that the plaintiff’s reputation has been diminished by the publication by others of the same or similar defamatory material ...."
9. Thexton v Thexton [NZCA]
  - File size: 39kb
  - Matter: companies - share dealing by director - s.149, Companies Act, 1993 - father owned shares in son's company - son was director of company (but father was not) - father sold his shares to son below fair value (but father to have continued use of company car and was released from certain guarantee) - father died and mother as executor of deceased's estate instituted proceedings for the amount to be received from the sale - whether son has information necessary to assess value of shares and if so whether acquisition was below fair value.
10. WRA (Guns) Ltd v Asprey & Garrard Ltd [CAEW]
  - File size: 73kb
  - Matter: intellectual property - trademark - "ASPREY" - William Asprey's ancestor set up shop in 1781 to sell luxury goods under the tradename "Asprey" - the business was sold and as a result of a subsequent merger the tradename became "Asprey & Garrard" - William Asprey set up WRA (Guns) Ltd to compete with Asprey & Garrard Ltd. - WRA (Guns) Ltd trades as "William R. Asprey Esq." and publicises its relationship with the Asprey family traditions and heritage - whether WRA (Guns) Ltd is liable for (1) passing off & (2) trademark infringement.
11. WWF v World Wrestling Federation Entertainment Inc [Ch.D]
  - File size: 108kb
  - Matter: intellectual property - trademark - "WWF" - the Fund had a contract with the Federation in which the latter's right to use the initial "WWF" was severely limited - the Federation broke the terms of the contract & the Funds sought enforcement by injunction - whether contract is void for (1) unreasonably restraining trade or (2) contravening Art 81 of Treaty of Rome.
12. Royal Botanic Gardens & Domain Trust v South Sydney CC [HCA]
  - File size: 208kb
  - Matter: landlord and tenant - lease - rental increase - parties had a lease agreement with stipulation for determination of rental sum by lessor every three years - construction of contract - principles governing fixing the rental amount - whether a covenant on good faith & fair dealing may be implied into private contractual dealings.
13. Law Society of British Columbia v Mangat [SCC]
  - File size: 124kb
  - Matter: professional bodies - legal profession - Mangat had a law degree from an Indian university - he was not a member of the Law Society - he offered consultancy services (for reward) in immigration matters through a company - he gave legal advice & represented aliens as counsel/advocate in immigration proceedings before the Immigration and Refugee Board - he also drew up documents etc relating to proceedings before this tribunal & held himself out as entitled and qualified to provide those services - the Law Society applied for injunction to restrain Mangat from engaging in legal practice in contravention of the British Columbia Legal Profession Act - whether his conduct is sanctioned by the Immigration Act, s.30 & s.69(1) - whether the Legal Profession Act applies to persons acting under the Immigration Act.
14. Armco Inc v Donohue [HL]
  - File size: 115kb
  - Matter: conflict of laws - forum - anti-suit injunction
15. Stirling v Leadenhall Residential 2 Ltd [CAEW]
  - File size: 79kb
  - Matter: landlord and tenants - assured tenancy under Housing Act 1988 - tenant was in arrears - landlord obtained order for possession - tenant then offered to pay off arrears at £100 per month - landlord accepted - whether a new assured tenancy was created.

Part 7

Case No.:
1. Peregrine Fixed Income Ltd v Robinson Department Store Plc [QBD]
  - File size: 68kb
  - Matter: contract - international swap agreement - construction -
2. New York v FERC [USSC]
  - File size: 117kb
  - Matter: "These cases raise .... questions concerning the jurisdiction of the Federal Energy Regulatory Commission over the transmission of electricity."
3. Kinsman v Cornfields Ltd [NZCA]
  - File size: 33kb
  - Matter: companies - directors - personal liability under Fair Trading Act 1986 -
4. Proulx v AG [SCC]
  - File size: 300kb
  - Matter: ".... this case address one of those exceptional circumstances where it has been established on a balance of probabilities that the prosecutorial office has been found to have been used deliberately for purposes that we believe were improper and inconsistent with the traditional prosecutorial function ...."
5. Gough & Smith v Chief Constable of Derbyshire [QBD]
  - File size: 226kb
  - Matter: "These cases are about statutory measures enacted by Parliament .... to confront .... football hooliganism. [They] .... raise important questions as to the legality of "banning orders" made under the Football Spectators Act 1989."
6. Mainzeal Holdings Ltd v Commissioner of Inland Revenue [NZCA]
  - File size: 60kb
  - Matter: "appeal involves the deductibility for income tax purposes of certain payments made by a New Zealand parent company, the taxpayer ...., to its Australian subsidiary"
7. Sumitomo Corporation v Credit Lyonnais Rouse Ltd [CAEW]
  - File size: 86kb
  - Matter: "Sumitomo claims privilege in respect of the translations on the ground that they are original documents which came into existence for the purpose of litigation, alternatively on the ground that they represent a collection of documents selected by Sumitomo's lawyers for the purpose of giving legal advice"
8. Edelman v Lynchburg College [USSC]
  - File size: 50kb
  - Matter: "The scheme of redress for employment discrimination under Title VII of the Civil Rights Act of 1964, ...., requires a complainant to file a “charge” with the Equal Employment Opportunity Commission within a certain time .... and to affirm or swear that the allegations are true ...."
9. Cooper v Hobart [SCC]
  - File size: 57kb
  - Matter: "The appellant is an investor who alleges that the Registrar of Mortgage Brokers, a statutory regulator, is liable in negligence for failing to oversee the conduct of an investment company which the Registrar licensed. The question is whether the Registrar owes a private law duty of care to members of the investing public ...."
10. Jones v Regina [HL]
  - File size: 120kb
  - Matter: "Can the Crown Court conduct a trial in the absence, from its commencement, of the defendant?"
11. Edwards v Law Society of Upper Canada [SCC]
  - File size: 32kb
  - Matter: professional bodies - legal profession - tort - duty of governing body (the Law Society) to moniter trust account of solicitors.
12. Antwerp Bulkcarriers NV v Holt Cargo Systems Inc [SCC]
  - File size: 78kb
  - Matter: "In this appeal, we are confronted, rather unusually, with an issue of domestic comity. Two courts exercising authority granted by Parliament over their respective subject matters came into collision over the sale of a ship."
13. Ashcroft v Free Speech Coalition [USSC]
  - File size: 97kb
  - Matter: "The Child Pornography Prevention Act extends the federal prohibition against child pornography to sexually explicit images that appear to depict minors but were produced without using any real children."
14. Melmerley Investments Ltd v McGarry [NZCA]
  - File size: 35kb
  - Matter: ".... whether Melmerley gave consideration to Mr McGarry in exchange for his agreement to terminate the joint venture, leaving Melmerley with the exclusive right to any profits from the units."
15. BT3G Ltd v Secretary of State for Trade & Industry [CAEW]
  - File size: 188kb
  - Matter: "[Appellants contend that the] Secretary of State had unfairly discriminated in favour of Vodafone and Orange in a manner which constituted state aid. The unfair discrimination was in requiring BT and One 2 One to pay the prices for their licence some four months earlier than Vodafone and Orange ...."

Part 8

Case No.:
1. Thompson v Western States Medical Center [USSC]
  - File size: 88kb
  - Matter: "Section 503A [Food and Drug Administration Modernization Act of 1997] exempts “compounded drugs” from the Food and Drug Administration’s standard drug approval requirements as long as the providers of those drugs .... refrain from advertising or promoting particular compounded drugs."
2. Commerce Commission v Southern Cross Medical Care Society [NZCA]
  - File size: 160kb
  - Matter: ".... the ultimate question in this case is whether Southern Cross’ acquisition of Aetna will, or is likely to, place it in a dominant position in the medical insurance market in New Zealand, or strengthen an already dominant position ...."
3. Ka Wah Bank Ltd v Moorjani [CFA]
  - File size: 26kb
  - Matter: ".... the Yen dropped sharply against the dollar. Mr. Moorjani was showing a floating loss of about US$50,000 on the three contracts. The bank decided to ask under clause 3.2 for more margin."
4. BT Plc v Caledonia North Sea Ltd [HL]
  - File size: 148kb
  - Matter: ".... conflagration which destroyed the Piper Alpha oil platform .... cost the lives of many .... [C]laims made by and on behalf of the victims were fully settled years ago. These proceedings are the contractual aftermath of those settlements, brought to decide who, ...., must bear the financial cost of the settlements."
5. Woods v Multi-Sport Holdings Pty Ltd [HCA]
  - File size: 221kb
  - Matter: ".... appellant suffered serious injury to an eye while playing indoor cricket. The game was being played at a facility, owned and operated, as a business, by the respondent."
6. Prevost-Masson v General Trust of Canada [SCC]
  - File size: 61kb
  - Matter: ".... appeal raises the issues of the accountant's professional liability, the quantum of damages, and the nature of the relationship, if such there is, between the accountant's liability and the liabilities of certain of Perras' debtors ...."
7. Ahmed v Habib Bank Ltd [CAEW]
  - File size: 54kb
  - Matter: "The relevant question under section 4(1)(a)(i) [Foreign Judgments (Reciprocal Enforcement) Act 1933] concerns the identity of the court, which issued the judgment and not the nature of the jurisdiction exercised by the court or the capacity in which it was acting ...."
8. Dunmore v Ontario [SCC]
  - File size: 327kb
  - Matter: "appeal concerns the exclusion of agricultural workers from Ontario's statutory labour relations regime. [Appellants] challenge the exclusion as a violation of their freedom of association and equality rights under the Canadian Charter of Rights and Freedoms."
9. Interactive Investor Ltd v Totalise Plc [CAEW]
  - File size: 41kb
  - Matter: information technology - confidentiality - whether court was right in ordering costs against defendant after granting a Norwich Pharmacal order requiring defendant to disclose the author of certain postings on its website.
10. Grovit v Turner [HL]
  - File size: 75kb
  - Matter: "English law attaches a high importance to international comity .... [To] make an order against a person who is a party to proceedings before a foreign court may be treated as an interference (albeit indirect) in the foreign proceedings."
11. Analog Devices BV v Zurich Insurance Co [SCIre]
  - File size: 83kb
  - Matter: practice & procedure - jurisdiction - whether appellant (foreign co) is a proper party to an action between Analog and Zurich such that leave be given to Analog to serve writ on appellant, out of jurisdiction - whether the Irish High Court is the proper forum.
12. Porter v Nussle [USSC]
  - File size: 39kb
  - Matter: public administration - prison - whether a prisoner who complains of cruel and unusual punishment (violation of Eight Amendment) must exhaust prison grievance procedures before seeking judicial relief.
13. Half Moon Bay Ltd v Crown Eagle Hotels Ltd [PC]
  - File size: 49kb
  - Matter: land - restrictive covenants - whether unregistered restrictive convenants are still subsisting and enforceable notwithstanding successive alienations of the land.
14. Flywin Co Ltd v Strong & Associates Ltd [CFA]
  - File size: 59kb
  - Matter: land - title - whether purchaser of property had waived/accepted/affirmed a defect in title in the form of unauthorised structural extension carried out to the building erected thereon.
15. Risk v The Northern Territory of Australia [HCA]
  - File size: 213kb
  - Matter: native's rights - land - whether seabed of bays or bulfs within the limit of the Northern Territory can be the subject of claim under the Aboriginal Land Rights (Northern Territory) Act 1976.

Part 9

Case No.:
1. Professional Contractors' Group v Commissioner of Inland Revenue [CAEW]
  - File size: 140kb
  - Matter: revenue - tax avoidance - whether legislative enactments to counter tax avoidance measures adopted by individuals through the vehicle of (loosely called) service companies are lawful.
2. Hendry v The World Professional Billiards & Snooker Association Ltd [Ch.D]
  - File size: 245kb
  - Matter: sports - sports association - whether rule A5 of the Association restraining participation by members (who are all professional snooker players) in tournament etc without seeking prior consent of the Association is illegal and void as being anti-competitive and in restraint of trade.
3. Kahn v Commissioners of Inland Revenue [HL]
  - File size: 67kb
  - Matter: "Despite the fact that the company received no interest from TEE after the liquidation date, it is in principle liable to pay corporation tax as if it had. Section 8(2) [Icome and Corporation Taxes Act 1988] provides that a company is "chargeable to corporation tax on profits arising in the winding up of the company"."
4. Shum v HK [CFA]
  - File size: 113kb
  - Matter: human rights - misconduct in public office - whether the common law offence of misconduct in public office is consistent with the rights guaranteed by the Basic Law.
5. Ark Aviation Ltd v Newton [NZCA]
  - File size: 60kb
  - Matter: labour - wrongful dismissal - whether for an employee who was unjustifiably dismissed (because he did not have a chance to address the employer's concern before dismissal) the evidence of his misconduct is relevant to a reduction of remedies.
6. Morrill, Dr v Krangle [SCC]
  - File size: 54kb
  - Matter: professional negligence - damages - whether the parents of a child borned with Down syndrome (the doctor had failed to advise them on available tests) may recover damages for costs of caring when the child reaches adulthood (i.e. 19).
7. Tahoe-Sierra Preservation Council Inc v Tahoe Regional Planning Agency et al. [USSC]
  - File size: 145kb
  - Matter: land - acquisition - whether moratorium on development imposed by Planning Agency during process of devising comprehensive land-use plan constitutes taking of land requiring compensation.
8. ABC Containerline NV v Holt Cargo Systems Inc [SCC]
  - File size: 120kb
  - Matter: ".... whether a maritime law proceeding by a U.S. creditor against a Belgian ship in a Canadian court ought to have been stayed in deference to a Belgian court dealing with the subsequent bankruptcy of its Belgian shipowner."
9. Mother of P (a child) v Secretary of State for Health [HL]
  - File size: 117kb
  - Matter: "whether the Children Act is incompatible with either of these articles [Art.6 and Art.8] of the Convention ...."
10. Heath v US [PC]
  - File size: 93kb
  - Matter: "It was submitted that the Minister of Foreign Affairs had no power to issue the three requisitions to the magistrate .... under section 7 of the Extradition Act 1870 and that accordingly the magistrate had no jurisdiction to conduct a hearing to decide whether the appellants should be committed into custody."
11. Bank of Montreal v Dynex Petroleum Ltd [SCC]
  - File size: 32kb
  - Matter: "The trustee in bankruptcy wanted to sell all the oil and gas properties of Dynex. One issue was whether any such sale would be subject to overriding royalties .... The respondents claimed their royalty rights comprised interests in land and claimed priority over the appellant ...."
12. Ryanair Ltd v AER Rianta CPT [SCIre]
  - File size: 77kb
  - Matter: "Landing charges and passenger load fees are payable by airlines using the facilities of airports, .... Pursuant to the provisions of [the Air Navigation and Transport (Amendment) Act, 1998, s.39], Aer Rianta is entitled to recover these charges as a simple contract debt."
13. AG v N [NZCA]
  - File size: 39kb
  - Matter: ".... an appeal against a decision of the Employment Court upholding the common law claim by the respondent, Ms N, of constructive dismissal from her civilian employment at Waiouru Military Camp in the aftermath of a sexual harassment complaint by Ms N."
14. White v NZ Stock Exchange [NZCA]
  - File size: 82kb
  - Matter: ".... application for judicial review of the decisions of the Board of the New Zealand Stock Exchange, which declined Mr White's application for individual associate membership of the Stock Exchange ...."
15. Clear Focus Imaging Inc v Contra Vision Ltd [Ch.D]
  - File size: 22kb
  - Matter: "case concerns an application by the patentee, .... to amend the specification of its patent .... The amendment is opposed by the current appellants, .... [Hearing Officer] refused the initially proposed amendments but indicated that revised proposals might be satisfactory. The patentee went along .... but the opponent did not, continuing to seek outright refusal."

Part 10

Case No.:
1. US v Craft [USSC]
  - File size: 74kb
  - Matter: ".... whether a tenant by the entirety possesses “property” or “rights to property” to which a federal tax lien may attach. Relying on the state law fiction that a tenant by the entirety has no separate interest in entireties property, the United States Court of Appeals [6th Circuit] held that such property is exempt from the tax lien."
2. Shergold v Tanner [HCA]
  - File size: 53kb
  - Matter: "[The respondent] made a request to the Department of Employment etc [pursuant to Freedom of Information Act] for access to documents, being reports arising from certain consultancies on waterfront reform."
3. Guignard v St-Hyacinthe City [SCC]
  - File size: 55kb
  - Matter: "Payment [by insurer] was delayed and Mr. Guignard .... became impatient. He placed a sign .... that eloquently expressed his dissatisfaction .... [A] municipal inspector ordered the appellant to remove the sign ...."
4. Pelling, Dr v Families Need Fathers Ltd [CAEW]
  - File size: 41kb
  - Matter: "The Registrar dismissed Dr Pelling's application [under Companies Act 1985, s.356(6)] for an order against [the respondent company] ....Dr Pelling sought an order directing that a copy of part of the register of members be sent to Dr Pelling in accordance with a requirement made by him on the Company ...."
5. Bristow Helicopters Ltd v King [HL]
  - File size: 287kb
  - Matter: "I see no occasion for limiting article 17 [Warsaw Convention] to bodily injuries which are 'palpable and conspicuous', .... The brain is part of the body. Injury to a passenger's brain is an injury to a passenger's body .... Whether injury to a part of a person's body has occurred is, .... essentially a question of medical evidence."
6. Kinoos Sons Ltd v Hossen Abdool [PC]
  - File size: 47kb
  - Matter: "The 18 joint owners therefore petitioned the Master of the Supreme Court of Mauritius for a licitation of the three plots in terms of section 97 of the Sale of Immoveable Property Act."
7. Paul Chen v Lord Energy Ltd [CFA]
  - File size: 49kb
  - Matter: "The issue presently before this Court is how the loss, if any, which the purchaser has suffered as a result of the stay of the order for specific performance granted by the Court of Appeal is to be assessed."
8. Sweeney v Macmillan Publisher Ltd [Ch.D]
  - File size: 174kb
  - Matter: "There is some material in the text of the Reader's Edition which was not included in any edition of Ulysses published during Joyce's lifetime. It is that which gives rise to the need to consider separately material which was, and that which was not, published during Joyce's lifetime."
9. Member-in-charge, Terenure Garda Station v Clarke [SCIre]
  - File size: 43kb
  - Matter: "His solicitor .... submitted to the District Judge that the applicant’s detention was unlawful .... [T]he Garda involved .... was not in court and [the District Judge] was asked to put the matter back to second calling. .... [T]he applicant was then detained .... At 1 o’clock he was brought back to Terenure Garda Station where his detention was extended...."
10. Young v Oliver [NZCA]
  - File size: 48
  - Matter: "The Judge made a factual finding that while still employed by de Latour Partners Mr Young had asked 13 or 14 of the partnership’s clients to transfer their business to him when he left and set up his own practice."
11. Fuller v Strum [CAEW]
  - File size: 121kb
  - Matter: succession - validity of will -
12. Firebelt Pty Ltd v Brambles Australia Ltd [HCA]
  - File size: 83kb
  - Matter: "the claimed invention is said to reside in a combination of elements or integers which in combination are not a mere collocation of separate parts but "interact to make up a new thing"."
13. Allan v Clibbery [CAEW]
  - File size: 177kb
  - Matter: "The appeal raises fundamental issues over the procedures for hearing family cases .... [W]hether the practice of hearing .... family cases in chambers has the consequence that information about those proceedings may not be reported."
14. Land Transport Safety Authority v Casey [NZCA]
  - File size: 38kb
  - Matter: administrative law - power of Authority to grant exemption from safety requirements - whether condition attached to exemption granted was valid.
15. Ashcroft v America Civil Liberties Union [USSC]
  - File size: 132kb
  - Matter: ".... whether the Child Online Protection Act .... use of “community standards” to identify “material that is harmful to minors” violates the First Amendment."

Part 11

Case No.:
1. Harvey Corporation Ltd v Barker [NZCA]
  - File size: 30kb
  - Matter: "the Barkers had purchased the property in the reasonable expectation that it was as portrayed in Harveys’ advertisements, with the entranceway within the legal boundaries. They had paid $760,000 on this basis not knowing that in order to remedy the defect they would be required to pay a further sum."
2. Farrell v Eastern Health Board [SCIre]
  - File size: 108kb
  - Matter: "It should be pointed out at this stage that there was a conflict of evidence between Professor O’Donoghue and the deceased’s mother at the inquest as to whether the deceased had shown any signs of abnormality prior to the administration of the vaccine."
3. Reliance Water Controls Ltd v Altecnic Ltd [CAEW]
  - File size: 57kb
  - Matter: "case concerns the right of an applicant for the registration of a trade mark to change the class number specified by him on Form TM3 in respect of goods for which he has made an application for registration."
4. Lee v Chan [HKHC]
  - File size: 50kb
  - Matter: "This is a claim for damages for the tort of battery resulting in personal injuries and consequential loss."
5. Deakin v Faulding [Ch.D]
  - File size: 196kb
  - Matter: "The primary claim is for specific performance of an alleged agreement whereby Peter Faulding agreed on behalf of himself and his mother to vest in the Deakins two thirds of the issued share capital of a company ...."
6. East Sussex CC v Reprotech (Pebsham) Ltd [HL]
  - File size: 56kb
  - Matter: "The plant operated by converting as much as possible of the waste into fuel pellets .... [P]otential purchaser suggested that they might want .... to use the waste to generate electricity .... [W]hether this would amount to a material change of use that required planning permission."
7. Yardley v Twinsectra Ltd [HL]
  - File size: 191kb
  - Matter: "There are conflicting arguments. Prima facie shutting one's eyes to problems or implications and not following them up may well indicate dishonesty; on the other hand prima facie it needs a strong case to justify the Court of Appeal reversing the finding as to dishonesty of the trial judge ...."
8. Garfoot, Dr v General Medical Council [PC]
  - File size: 35kb
  - Matter: "Mr. Jonathan Crystal .... took as his starting point that the treatment of drug addicts is medically controversial and self-evidently hazardous. The evidence before the Committee was that the appellant considered his prescribing clinically appropriate for intractable and damaged addicts."
9. New Brunswick v Mackin [SCC]
  - File size: 184kb
  - Matter: "whether the abolition by the legislature of the position of supernumerary judge of the Provincial Court of New Brunswick contravenes the constitutional guarantees of judicial independence in .... the Canadian Charter of Rights and Freedoms ...."
10. Minna Wong v Parkside Health NHS Trust [CAEW]
  - File size: 49kb
  - Matter: "The Recorder granted that [strike out] application .... He held that there was no tort of harassment at common law before the enactment of the Protection from Harassment Act 1997, ....; he further held that the complaints made against the second defendant could not amount to the tort of intentional infliction of harm under the principle in Wilkinson v Downton."
11. Performance Industries Ltd v Sylvan Lake Golf & Tennis Club Ltd [SCC]
  - File size: 91kb
  - Matter: "Rectification is an equitable remedy whose purpose is to prevent a written document from being used as an engine of fraud or misconduct "equivalent to fraud". The traditional rule was to permit rectification only for mutual mistake, but rectification is now available for unilateral mistake ...."
12. AXA Equity & Law Assurance Society Plc v Heaton [HL]
  - File size: 107kb
  - Matter: "if A, having sued B for damages for breach of contract, enters into a settlement with B expressed to be in full and final settlement of all its claims against B, is A thereafter precluded from pursuing against C a claim for damages for breach of another contract to the extent that this claim is for damages which formed part of A's claim against B?"
13. Cork Examiner Publications Ltd v Hill [SCIre]
  - File size: 38kb
  - Matter: ".... Mr Hill was undoubtedly photographed in his cell and that photograph was published in .... the Examiner newspaper .... In the article it was stated that C Wing prisoners were child molesters, sexual offenders or incarcerated there for their own protection."
14. Cashmere Enterprises Ltd v Mathias [NZCA]
  - File size: 43kb
  - Matter: "It is convenient to start with what counsel described as the Bowstead Agency point. This point was considered by Potter J but rejected on the facts."
15. Re McBain [HCA]
  - File size: 367kb
  - Matter: "The ordinary processes of appeal not having been invoked, and the parties to the proceedings before Sundberg J being content to accept his decision, the question arises as to the capacity of the applicants to have the decision quashed by certiorari. That question requires consideration of the jurisdiction of this Court which the applicants seek to invoke."

Part 12

Case No.:
1. Wilson v Anderson [HCA]
  - File size: 321kb
  - Matter: "whether native title rights and interests claimed in respect of land .... were extinguished in consequence of the grant .... of a lease in perpetuity pursuant to s 23 of the Western Lands Act 1901."
2. Pepsi-Cola v Retail Wholesale & Department Store Union [SCC]
  - File size: 135kb
  - Matter: "case raises the issue of when if ever secondary picketing - typically defined as picketing in support of a union which occurs at a location other than the premises of that union's employer - may be legally conducted."
3. Transamerica Life Insurance Co of Canada v Goulet [SCC]
  - File size: 72kb
  - Matter: "Notwithstanding the fact that there was no clause precluding payment of the indemnity if the insured died while committing a crime, the insurer replied that public order justified refusal to pay when the death had occurred during the commission of a crime."
4. Iraqi Airways Company v Kuwait Airways Corporation [HL]
  - File size: 235kb
  - Matter: "When the Iraqi forces took over the airport at Kuwait they seized ten commercial aircraft belonging to Kuwait Airways Corporation (KAC) .... KAC commenced these proceedings against the Republic of Iraq and IAC, claiming the return of its ten aircraft ...."
5. V.C. v P.G. [SCIre]
  - File size: 45kb
  - Matter: ".... an appeal by .... aunt of the child .... against an order of the High Court directing that the child be returned to the jurisdiction of the Courts of England and Wales."
6. AG v Gilbert [NZCA]
  - File size: 123kb
  - Matter: ".... it is argued .... that the obligation to provide a safe workplace does not require reasonable steps to be taken by the employer to avoid psychological harm or stress which does not amount to a "recognised psychiatric illness"."
7. Los Angeles v Alameda Books Inc [USSC]
  - File size: 100kb
  - Matter: "Los Angeles Municipal Code .... prohibits “the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof.” Respondents, two adult establishments .... in the same building, filed a suit .... alleging that [Code] violates the First Amendment ...."
8. Ancare New Zealand Ltd v Fort Dodge New Zealand Ltd [PC]
  - File size: 21kb
  - Matter: "[Trial Judge] found that praziquantel was a well known compound .... It had been patented by Bayer but the patent expired .... It would therefore have been obvious to anyone familiar with the prior art that if one wanted a combined treatment for tapeworms and roundworms, praziquantel and levasimole were well worth trying. "
9. Alphasense Ltd v City Technology Ltd [CAEW]
  - File size: 61kb
  - Matter: "Alphasense Ltd appeal against the judgment of Mr. David Young QC .... [He] held City Technology Ltd’s patent .... valid and infringed."
10. Association of Pharmaceutical Importers v Secretary of State for Health [CAEW]
  - File size: 58kb
  - Matter: "appellants sought, ...., an order quashing the modulation provisions contained in .... the 1999 Pharmaceutical Price Regulation Scheme .... including a declaration that the modulation provisions were unlawful and an injunction preventing the Secretary of State from giving effect to those provisions."
11. Fairchild v Glenhaven Funeral Services Ltd [HL]
  - File size: 379kb
  - Matter: "A and B owed C a duty to protect C against a risk of a particular and very serious kind. They failed to perform that duty. As a result the risk eventuated and C suffered .... Had there been only one tortfeasor, C would have been entitled to recover, but because the duty owed to him was broken by two tortfeasors and not only one, he is held to be entitled to recover against neither, because of his inability to prove what is scientifically unprovable."
12. St-Jean v Mercier [SCC]
  - File size: 112kb
  - Matter: ".... whether the Court of Appeal was justified in intervening in the Superior Court's decision, and likewise whether this Court has reason to intervene .... [W]hether this case warrants an application in favour of the appellant of a presumption as to causation ...."
13. Morgan Grenfell & Co Ltd v Special Commissioner [HL]
  - File size: 78kb
  - Matter: "Legal profession privilege is a fundamental human right .... It is a necessary corollary of the right of any person to obtain skilled advice about the law. Such advice cannot be effectively obtained unless the client is able to put all the facts before the adviser without fear ...."
14. Tame v New South Wales [HCA]
  - File size: 441kb
  - Matter: "The elements common to both are that they concern the tort of negligence, and the harm suffered by the plaintiffs was psychiatric injury unassociated with any other form of injury to person or property resulting from the allegedly tortious conduct."
15. Times Newspapers Ltd v Louchansky [CAEW]
  - File size: 138kb
  - Matter: "appeals raise interesting and important questions .... as to the correct approach to qualified privilege following .... Reynolds v Times Newspapers Ltd [2001] 2 AC 127, the proper construction of s4A of the Limitation Act 1980 in the context of internet publication, the scope of general damages for defamation under Russian law, ...."

Part 13

Case No.:
1. Sherwood v London Borough of Tower Hamlets [CAEW]
  - File size: 106kb
  - Matter: "London Borough of Tower Hamlets is the local authority and the highway authority for Tower Hill. Historic Royal Palaces claims to be entitled to exercise whatever remain of the rights formerly exercised by the Crown in respect of land within the area of Tower Hill .... of the Tower of London."
2. Old Etonian Housing Association Ltd v O'Connor [CAEW]
  - File size: 45kb
  - Matter: "appeal raises a point on the construction of section 11(1)(b) of the Landlord and Tenant Act 1985 .... The question to which the parties would like an answer is what is involved in the obligation to keep pipes carrying water in “proper working order”."
3. Jennings v Rice [CAEW]
  - File size: 75kb
  - Matter: "Mr. Jennings’s claim against the estate was pleaded in three ways. First, a claim under the Inheritance Act 1975, second in contract, and third under the doctrine of proprietary estoppel. The judge rejected the claims under the Inheritance Act and for breach of contract, but found for Mr. Jennings under the doctrine of proprietary estoppel."
4. Rothschild Asset Management Ltd v Ako [CAEW]
  - File size: 48kb
  - Matter: "The facts of this case shine a spotlight on the glaring injustices which could arise from the mechanical application of cause of action estoppel to all cases in which proceedings are withdrawn from the tribunal."
5. Crampton v Junior [CAEW]
  - File size: 138kb
  - Matter: "the judge determined that 400 of the shares in Crampton Bros. (Coopers) Ltd registered in the name of the late Mrs. Ada Crampton were transferred by her by way of gift to her nephew, Harold .... Harold is a respondent to this appeal."
6. Agnew v Agapitos [CAEW]
  - File size: 106kb
  - Matter: "The waves of insurance litigation over the last 20 years have involved repeated examination of the scope and application of any post-contractual duty of good faith."
7. Financial Times Ltd v Interbrew SA [CAEW]
  - File size: 107kb
  - Matter: "Lightman J, .... granted a Norwich Pharmacal order against the five defendant news media requiring them to preserve and within 24 hours to deliver up to the claimant their original copies of a leaked and partially forged document ...."
8. A v B & C [CAEW]
  - File size: 91kb
  - Matter: "A is a footballer .... B is a national newspaper. C is one of two women with whom A, .... had affairs. The injunction was granted to restrain B from publishing the stories which C and the other woman, D, had sold to B ...."
9. Prolife Alliance v BBC [CAEW]
  - File size: 112kb
  - Matter: "case is about the censorship of political speech. It concerns the question, what constraints may lawfully be imposed upon the choice of a registered political party as to the content of a party election broadcast to be transmitted on television on its behalf at the time of a general election."
10. Gough v Chief Constable of Derbyshire [CAEW]
  - File size: 195kb
  - Matter: ".... [judge] made a banning order against each appellant under the Football (Spectators) Act 1989 .... [to] prevent the appellants from attending certain football matches in England and Wales ..... [and] .... from leaving the country when certain football matches are taking place outside England and Wales."
11. B v H & A (Children) [CAEW]
  - File size: 48kb
  - Matter: "Mr. B appeals, .... Judge Elystan Morgan’s refusal of his application for an order that blood samples be taken from the respondent’s twins to whose paternity he lays claim. The application took advantage of the amendment of section 21 of the Family Law Act 1969."
12. Premier Luggage & Bags Ltd v The Premier Co (UK) Ltd [CAEW]
  - File size: 102kb
  - Matter: "This is an appeal and cross-appeal from an order .... by Mr. Terence Etherton QC sitting as a Deputy Judge of the High Court in the Chancery Division in passing-off and trade mark infringement proceedings."
13. Stevens v Plymouth City Council [CAEW]
  - File size: 81kb
  - Matter: "At issue is how C’s interest in preserving the confidentiality of personal information about himself is to be reconciled with his mother’s interest, as his nearest relative, in having access to enough information about him to exercise her statutory functions under the Mental Health Act."
14. Police Complaints Authority v Green [CAEW]
  - File size: 141kb
  - Matter: "The principal concerns of the PCA, the Home Secretary, the South Yorkshire Police and the CPS are those of witness contamination and confidentiality."
15. Shierson v Tomlinson [CAEW]
  - File size: 76kb
  - Matter: ".... whether trusts which are created by a voluntary arrangement in respect of a company (“CVA”) are brought to an end by the termination of the CVA through the company going into liquidation."

Part 14

Case No.:
1. HM Coroner for West Somersetshire v Middleton [CAEW]
  - File size: 162kb
  - Matter: "appeals concern the extent to which there is a duty on the State to conduct an investigation into the death of an individual where it is alleged that, exercising reasonable care, the State could and should have prevented the death."
2. Wooder v Dr Feggetter [CAEW]
  - File size: 54kb
  - Matter: "an application by the claimant .... for judicial review of a decision of Dr Craig Stewart Feggetter, ...., to the effect that he should be given medical treatment for a psychiatric condition against his will."
3. Davis v Balfour Kilpatrick Ltd [CAEW]
  - File size: 62kb
  - Matter: "The heating effect of exposure to electromagnetic radiation is considered to be the most significant threat to health. After extensive research the National Radiological Protection Board concluded that no risk to health is posed by local or general heating of the body until the rise in tissue temperature exceeds 1ºC."
4. Sussex Ambulance NHS Trust v King [CAEW]
  - File size: 63kb
  - Matter: "Sussex Ambulance Service appeal against the order of His Honour Judge Cox, .... giving judgment against them for .... injuries sustained by one of their ambulance technicians when carrying a patient downstairs."
5. Mrs. U v Centre for Reproductive Medicine [CAEW]
  - File size: 44kb
  - Matter: ".... that the Centre for Reproductive Medicine at Bristol University be permitted to allow sperm which had been surgically removed from Mrs. U’s husband on 7 September 2000 to perish or otherwise to destroy it."
6. Bessant v South Cone Incorporated [CAEW]
  - File size: 67kb
  - Matter: ".... the first issue .... the nature of an appeal under s.76 of the [Trademarks Act 1994], and the function of the appellate judge ....The second and third issues are whether the appellate judge, .... erred in his decision to reverse the Registrar’s decision ...."
7. Elton John v Price Waterhouse [CAEW]
  - File size: 148kb
  - Matter: "The thrust of the claims was that PW (as auditors and financial advisers) and Mr. Haydon (as an officer of the EJ companies during the late 1980s and early 1990s) had failed to ensure that certain costs and expenses incurred in connection with Sir Elton’s highly successful musical activities were borne by JREL ...."
8. - File size:
  - Matter:
9. Mother of S (a child) v Father [CAEW]
  - File size: 131kb
  - Matter: ".... whether there is a grave risk that the return of a child to Israel would expose that child to physical or psychological harm or otherwise place her in an intolerable situation. .... Hogg J. ordered that a mother who had wrongfully removed her baby daughter from Israel should return her forthwith to the jurisdiction of Israel ....."
10. McManus v Victoria Beckham [CAEW]
  - File size: 93kb
  - Matter: ".... claimants allege that .... the defendant came into their shop and in a rude, loud and unreasonable way advised the three customers present that the autograph on a photograph of her husband, David Beckham, was a fake."
11. The Parole Board v Giles [CAEW]
  - File size: 65kb
  - Matter: "where a criminal is convicted or pleads guilty ...., and is sentenced to a period of imprisonment which the court considers commensurate with the gravity of his offence, .... However, the position is different where the detention, ...., is not to punish but to protect the public from harm ...."
12. Temple v South Manchester Health Authority [CAEW]
  - File size: 141kb
  - Matter: ".... although the doctor treating the claimant had failed to act with due care and skill i.... it was not shown on the balance of probability that this had caused the cerebral oedema ...."
13. Emerald Meats (London) Ltd v AIB Group (UK) Plc [CAEW]
  - File size: 40kb
  - Matter: "The customer had a current account with the bank .... There was an agreed overdraft facility, .... on the many occasions when a cheque drawn on a different bank was paid into its account, when the account was overdrawn, it was charged interest on the sum representing the value of the cheque for a day longer than they should have been."
14. - File size: 83kb
  - Matter: ""
15. - File size: kb
  - Matter: ""

[.... END OF 2002 ....]

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