Part 1

• Case No.:

  1. Green v The Police Complaints Authority [HL]

     • File size: 118kb

     • Matter: ".... police misconduct .... disciplinary proceedings .... Authority invited [appellant] to send additional evidence .... [appellant] contends that before responding .... he is entitled to disclosure of the witness statements and other documentary evidence held by the Authority."

  2. Secretary of State, Northern Ireland v McKerr [HL]

     • File size: 118kb

     • Matter: ".... absence of adequate public investigations into some fatal shootings .... His son .... seeks an order compelling .... an effective investigation .... He bases his claim .... [on] Human Rights Act 1998 even though his father died .... before the Act came into force."

  3. McAdams Homes Ltd v Robinson [CAEW]

     • File size: 114kb

     • Matter: "As is often the case with issues involving easements, the difficulty arises, at least to a significant extent, because of the somewhat confused state of the authorities."

  4. Jones v Sky City Auckland Ltd [NZCA]

     • File size: 41kb

     • Matter: ".... first respondent, holds the casino premises licence .... second respondent, operates the Casino under an operator’s licence .... the operator’s employees served a notice on [appellant], forbidding him from entering ...."

  5. Dairy Containers Ltd v Tasman Orient Line CV [PC]

     • File size: 36kb

     • Matter: ".... interpretation of a damage limitation clause in a contract for the carriage of goods by sea. The contract was contained in or evidenced by a bill of lading ...."

  6. Lawrance v Texas [USSC]

     • File size: 126kb

     • Matter: ".... validity of a Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct."

  7. Poon v Hsin Chong Construction Co Ltd - Taylor Woodrow International Ltd Joint Venture [CFA]

     • File size: 58kb

     • Matter: ".... [whether] a party can succeed on the basis of a scenario that he has not pleaded but his opponent has pleaded .... how an appellate court should approach a trial judge's apportionment of responsibility in an accident case ...."

  8. Society for Protection of the Harbour Ltd v The Chief Exceutive in Council [HCHK]

     • File size: 53kb

     • Matter: ".... application for leave to apply for judicial review .... respondents are authorised to reclaim from the harbour a swathe of land .... applicant sought declaration ...."

  9. Dyer v The Attorney General [SCIre]

     • File size: 51kb

     • Matter: ".... appeal concerns the issue of double criminality in an extradition case."

  10. Odhavji v Woodhouse [SCC]

      • File size: 109kb

      • Matter: ".... actions for misfeasance in a public office and negligence within the context of motions to strike the actions as disclosing no reasonable cause of action."

  11. Taillefer v Canada [SCC]

      • File size: 169kb

      • Matter: ".... the nature of the Crown's duty to disclose evidence in a criminal trial and the consequences of breach of that duty."

  12. Sell v United States [USSC]

      • File size: 71kb

      • Matter: ".... whether the Constitution permits the Government to administer anti-psychotic drugs involuntarily to a mentally ill criminal defendant – in order to render that defendant competent to stand trial ...."

  13. Canada v Wu [SCC]

      • File size: 107kb

      • Matter: ".... whether a conditional sentence was validly imposed on the respondent offender for possession of contraband cigarettes."

  14. Alexander v Perpetual Trustees WA Ltd [HCA]

      • File size: 189kb

      • Matter: ".... the construction of Pt IV of the Wrongs Act 1958 .... and its application to a claim for contribution under the statute made by trustees."

  15. Bashford v Information Australia (Newsletters) Pty Ltd [HCA]

      • File size: 329kb

      • Matter: ".... the proper application of principles regulating the availability of the common law defence of qualified privilege to a claim for defamation."

Part 2

• Case No.:

  1. Commissioner of Customs & Excise v Zielinski Baker & Partners Ltd [HL]

     • File size: 92kb

     • Matter: ".... [whether] "protected building" in item 2 of Group 6 in Schedule 8 to the Value Added Tax Act 1994 .... includes an outbuilding which is not itself listed under the Planning (Listed Buildings and Conservation Areas) Act 1990 .... but is protected under that Act because it is .... a structure within the curtilage of a listed building ...."

  2. Brandwood v Bakewell Management Ltd [HL]

     • File size: 94kb

     • Matter: "residence .... bordering upon an ancient common .... would be highly prized by most people. The absence of any direct access  .... might give rise to a momentary doubt ...., but information that .... well over 20 years ago, its successive owners, and their visitors, have enjoyed vehicular access .... across the common .... would have quieted most doubts."

  3. Davis v Tonbridge & Malling Borough Council [CAEW]

     • File size: 125kb

     • Matter: "Travelling show-people, .... have a long established place in English life. Their special pattern and rhythm of work has given them a distinct cultural identity, for which provision is made in national and local planning policies."

  4. Benchmark Building Supplies Ltd v Mitre 10 (New Zealand) Ltd [NZCA]

     • File size: 47kb

     • Matter: ".... appeal is from a judgment of Rodney Hansen J .... in which he granted an interlocutory injunction restraining a form of comparative advertising."

  5. Russell v Commissioner of Inland Revenue [NZCA]

     • File size: 56kb

     • Matter: "[appellant] constructed .... arrangements .... that have been found to fall within s99 of the Income Tax Act 1976. He maintains that .... the Commissioner .... has been inconsistent, contradictory, in breach of s99(4) and dishonest .... he is attempting to conduct a wide-ranging enquiry before the Taxation Review Authority (TRA) into the processes of the Department."

  6. Law Society of Upper Canada v CCH Canadian Ltd [SCC]

     • File size: 131kb

     • Matter: "The Great Library [maintained and operated by the appellant] provides a .... photocopy service .... respondent publishers commenced copyright infringement actions against the [appellant]."

  7. Town Planning Board v The Society for the Protection of the Harbour Ltd [CFA]

     • File size: 91kb

     • Matter: "The Protection of the Harbour Ordinance, Cap. 531 .... was enacted to protect and preserve the harbour by establishing a presumption against reclamation. The essential question in this appeal concerns the proper interpretation of the Ordinance."

  8. Goulding v The Chief Executive, Ministry of Fisheries [NZCA]

     • File size: 72kb

     • Matter: ".... whether a decision-maker can lawfully revoke an administrative decision and substitute one which is unfavourable or less favourable to an affected person, particularly when a decision has not been communicated to that person."

  9. Canada v Daoust [SCC]

     • File size: 98kb

     • Matter: "The most important issue raised in this appeal is that of the interpretation of divergent provisions of a bilingual statute."

  10. US v Lowell [USSC]

      • File size: 38kb

      • Matter: "Officers executing a warrant to search for cocaine in respondent['s] apartment knocked and announced their authority .... [W]hether their 15-to-20-second wait before a forcible entry satisfied the Fourth Amendment and 18 U.S.C. § 3109."

  11. Doe v Chao [USSC]

      • File size: 89kb

      • Matter: "The United States is subject to a cause of action for the benefit of .... some individuals adversely affected by a federal agency’s violation of the Privacy Act of 1974 .... whether plaintiffs must prove some actual damages ...."

  12. New Solutions Financial Corporation v Transport North American Express Inc [SCC]

      • File size: 136kb

      • Matter: ".... [respondent] applied for a declaration that the [credit] agreement contained an illegally high rate of interest [4% per month] and should not be enforced .... "blue-pencil" approach to severance in dealing with the statutory illegality of the contract."

  13. General Dynamics Land Systems Inc v Cline [USSC]

      • File size: 87kb

      • Matter: "Age Discrimination in Employment Act of 1967 .... forbids discriminatory preference for the young over the old .... whether it also prohibits favoring the old over the young. We hold it does not."

  14. Network Ten Pty Ltd v TCN Channel Nine Pty Ltd [HCA]

      • File size: 259kb

      • Matter: ".... alleged infringement by Ten of the copyrights of Nine in certain television broadcasts. The Ten Network broadcast a weekly television programme .... which included 20 extracts from programmes previously broadcast by the Nine Network."

  15. Siemens Ltd v Schenker International (Australia) Pty Ltd [HCA]

      • File size: 210kb

      • Matter: ".... whether a limitation of liability clause in a standard form air waybill applies to the road transport of cargo to a bonded warehouse located outside the perimeter of Melbourne Airport"

Part 3

• Case No.:

  1. Barber v Somerset County Council [HL]

     • File size: 114kb

     • Matter: ".... whether [respondent], who employed [appellant] as a teacher .... are liable to him in damages for the mental breakdown he suffered brought about by the pressures and stresses of his workload."

  2. Gorringe v Calderdale Metropolitan Borough Council [HL]

     • File size: 145kb

     • Matter: ".... the Council did not owe Mrs. Gorringe a duty of care to place a marking on the road or to erect a sign, warning motorists to slow down on approaching the crest of road where the accident happened."

  3. Financial Institutions Services Ltd v Negril Negril Holdings Ltd [PC]

     • File size: 62kb

     • Matter: ".... companies pleaded a “special relationship” based on [director] having .... reposed trust and confidence in [Bank's Managing Director] .... relationship between a banker and his customer, although not normally a fiduciary relationship, may exceptionally become one."

  4. Stogner v California [USSC]

     • File size: 128kb

     • Matter: "California has brought a criminal prosecution after expiration of the time periods set forth in previously applicable statutes of limitations. California has done so under the authority of a new law ...."

  5. Telecom Auckland Ltd v Auckland City Council [NZCA]

     • File size: 92kb

     • Matter: ".... obligation of Telecom Auckland Ltd and Telecom New Zealand Ltd to pay rates to the Auckland City Council under its annual value rating system on telephone lines installed under or above the Council’s streets and on telephone booths erected on those streets."

  6. Hartshorne v Hartshorne [SCC]

     • File size: 148kb

     • Matter: ".... whether a marriage agreement respecting the division of property, entered into after receiving independent legal advice, without duress, coercion or undue influence, can later be found to be unfair and set aside ...."

  7. City of Montreal v Foster Wheeler Power Co Ltd [SCC]

     • File size: 77kb

     • Matter: ".... appeal concerns the scope of professional secrecy in Quebec .... specifically with respect to .... the immunity from disclosing confidential information to others in a judicial proceeding."

  8. Society for Protection of the Harbour Ltd v The Chief Executive in Council [HCHK]

     • File size: 120kb

     • Matter: ".... respondents refused a request made by the applicant to cease or suspend the reclamation works and to refer the Central OZP, at least in so far as it incorporates reclamation of the harbour, to the Town Planning Board ('the Board') for fresh consideration ...."

  9. Locke v Davey [USSC]

     • File size: 64

     • Matter: ".... Promise Scholarship Program to assist academically gifted students .... [S]tudents may not use the scholarship [to pursue] a degree in devotional theology .... [E]xclusion .... does not violate the Free Exercise Clause of the First Amendment."

  10. Illinois v Lester [USSC]

      • File size: 27kb

      • Matter: ".... case focuses upon a highway checkpoint where police stopped motorists to ask them for information about a recent hit-and-run accident .... [T]he police stops were reasonable, hence, constitutional."

  11. US International Marketing Ltd v the National Bank of NZ Ltd [NZCA]

      • File size: 84kb

      • Matter: "On the one hand the Bank had its conventional obligation to its customer .... to allow it to draw on the funds which stood to its credit .... On the other hand the Bank received a claim from the liquidator of Pakistan Emporium asserting that the sum of $15,073.98, .... "belonged" to the company in liquidation."

  12. Armstrong v Conroy [SCIre]

      • File size: 62kb

      • Matter: ".... plaintiff suffered a stroke .... right sided paralysis and speech and language difficulties .... has marked expressive aphasia .... whether in all the circumstances it would be unjust, oppressive or invidious to deliver the plaintiff for rendition to England."

  13. Nina Kung v Tan & Cheung [CFA]

      • File size: 110kb

      • Matter: ".... whether there is jurisdiction to make, on an unfair prejudice petition presented by a shareholder, an order for the payment of damages or compensation, or for the grant of restitution, to the company itself."

  14. Bayside City Council v Telstra Corporation Ltd [HCA]

      • File size: 213kb

      • Matter: ".... State legislation under which the rates and charges were levied and imposed [in respect of telecommunications cables] was, to the extent to which such legislation authorised the rates and charges, inconsistent with a provision of the Telco Act, and invalid pursuant to s 109 of the Constitution."

  15. Minister for Immigration and Multicultural & Indigenous Affairs v B [HCA]

      • File size: 313kb

      • Matter: ".... whether the Family Court of Australia has jurisdiction to order the Minister for Immigration and Multicultural and Indigenous Affairs to release children who are detained in an immigration detention centre in accordance with the Migration Act 1958."

Part 4

• Case No.:

  1. Chief Constable of West Yorkshire Police v A [HL]

     • File size: 99kb

     • Matter: "Chief Constable .... rejected A's application to become a constable .... on the ground that, as a male-to-female transsexual, she could not perform the full searching duties ...."

  2. Naomi Campbell v MGN Ltd [HL]

     • File size: 203kb

     • Matter: ".... invasion of privacy: wrongful disclosure of private information. The case involves the familiar competition between freedom of expression and respect for an individual's privacy. Both are vitally important rights."

  3. Independent Publishing Co Ltd v Attorney General of Trinidad & Tobago [PC]

     • File size: 128kb

     • Matter: murder case attracted wide publicity - one accused turned prosecution witness - court issued non-publication order of information relating to him - appellants defied order - contempt.

  4. Alaska Department of Environmental Conservation v Environmental Protection Agency [USSC]

     • File size: 135kb

     • Matter: "authority of the Environmental Protection Agency to enforce .... Prevention of Significant Deterioration program. Under that program, no major air pollutant emitting facility may be constructed unless the facility is equipped with “the best available control technology"."

  5. Frew v Hawkins [USSC]

     • File size: 31kb

     • Matter: .... petitioners and the state officials .... resolve .... suit by .... a consent decree .... Court of Appeals held that the Eleventh Amendment prevented enforcement of the decree unless the violation of the consent decree was also a statutory violation of the Medicaid Act ...."

  6. Named Person v Attorney General [SCC]

     • File size: 209kb

     • Matter: ".... issues relate to the constitutional validity of s. 83.28 of the Criminal Code, the "judicial investigative hearing" provision [Anti-terrorism provision], under which the appellant was ordered to attend and be compelled to answer questions"

  7. Roman Catholic Episcopal Corporation of St George's v John Doe [SCC]

     • File size: 44kb

     • Matter: ".... Father Kevin Bennett, .... sexually assaulted boys in his parishes. Two successive bishops failed to .... stop the abuse .... Court of Appeal .... found St. George's directly but not vicariously liable."

  8. Shanghai Tongji Science & Technology Industrial Co Ltd v Casil Clearing Ltd [CFA]

     • File size: 117kb

     • Matter: ".... Casil was found to have broken that contract .... [Judge] also held that if he were wrong ...., Tongji would nonetheless be entitled to judgment .... on the basis of a restitutionary claim founded upon total failure of consideration."

  9. Giltrap City Ltd v The Commerce Commission [NZCA]

     • File size: 94kb

     • Matter: "Commerce Commission, ...., formed the view that [eight Auckland car dealers] had entered into a price fixing arrangement (or understanding) contrary to the combined effect .... Commerce Act 1986 [s.27 & s.30]."

  10. Olympic Airways v Hussain [USSC]

      • File size: 66kb

      • Matter: "Article 17 [Warsaw Convention] imposes liability on an air carrier for a passenger’s death or bodily injury caused by an “accident” .... whether the “accident” condition precedent to air carrier liability .... is satisfied when the carrier’s unusual and unexpected refusal to assist a passenger ...."

  11. Perry Corporation v Ithaca (Custodians) Ltd [NZCA]

      • File size: 344kb

      • Matter: "Was the Judge correct to hold that there was an arrangement or understanding between Perry Corporation and the swaps counter-parties in terms of s5(1)(f) of the Securities Amendment Act and thus that it had a relevant interest in the Rubicon shares?"

  12. Wang v Nina Wang [HKCA]

      • File size: 951kb

      • Matter: "This case concerns the genuineness or falsity of "Wang Teh Huei" (王德輝) - the questioned signature of the man so named- written with a broad-nib calligraphic fountain pen in liquid ink in each of the four homemade [wills]."

  13. Fitness to Practice Committee of the Medical Council v Borges [SCIre]

      • File size: 69kb

      • Matter: "The desire of the Council to proceed with an inquiry based on the records of the proceedings in the United Kingdom is perfectly understandable, having regard to the important statutory function entrusted to them of investigating any allegations of professional misconduct .... that consideration cannot relieve the .... court of the obligation of ensuring .... a fair hearing is, so far as practicable, upheld."

  14. Minister for Immigration and Multicultural Affairs v Respondents S152 [HCA]

      • File size: 151KB

      • Matter: respondents are Ukrianian & are de facto husband & wife - husband suffered serious harm from some fellow citizens because he was a Jehovah's Witness - incurred resentment of his employer - whether Australia has Convention obligation to protect them.

  15. Pinkstone v Regina [HCA]

      • File size: 148kb

      • Matter: "The offence, as charged, was .... the appellant supplied a prohibited drug, ...., to another .... The appellant now argues that, properly understood, his offence, on the jury's findings, was one, not of supply, but of attempted supply."

Part 5

• Case No.:

  1. Department for Social Development v Kerr [HL]

     • File size: 109kb

     • Matter: "Thomas Kerr, ...., has paid the funeral expenses of his younger brother .... He also has another younger brother .... and a younger sister .... None of them have been in touch with one another, or with the deceased, for 20 years. Is Thomas entitled to a funeral payment under .... Social Security Contributions and Benefits (NI) Act 1992 [s.134(1)(a)]."

  2.  New Zealand Meat Board v Paramount Export Ltd [PC]

     • File size: 73kb

     • Matter: "New Zealand entered into a voluntary restraint agreement with the EU by which New Zealand agreed to ensure that the total annual quantity of sheep meat exported to the EU would not exceed a certain figure; .... the EU [would] grant import licences only on production of export certificates issued by the Meat Board."

  3. Binod Sutradhar v Natural Environment Research Council [CAEW]

     • File size: 179kb

     • Matter: "report [by British Geological Survey] .... made available to the authorities in Bangladesh responsible for ensuring .... that water from the sites sampled by BGS was safe to drink. In fact the water .... was contaminated by arsenic ...."

  4.  Wyman Chan v PBM (Hong Kong) Ltd [CFA]

     • File size: 26kb

     • Matter: "Tang embarked upon large scale embezzlement .... [H]is employer had become suspicious and initiated an internal audit. Tang was aware of this and appreciated that his crimes would soon come to light. He resigned his position ...."

  5. Young v Hansen [NZCA]

     • File size: 109kb

     • Matter: ".... whether a solicitor, found to have been negligent .... was acting, at material times, in his capacity as a solicitor or in his capacity as an executor and trustee of a deceased estate ...."

  6. Banks v Grey District Council [NZCA]

     • File size: 40kb

     • Matter: "The appeal is against declarations by the High Court that the appellant, who was appointed as an arbitrator by parties to a rental dispute, was not "competent in valuation" .... and not an "impartial or independent" arbitrator ...."

  7. BedRoc Ltd v US [USSC]

     • File size: 44kb

     • Matter: ".... whether sand and gravel are “valuable minerals” reserved to the United States in land grants issued under the Pittman Underground Water Act of 1919."

  8. US Postal Service v Flamingo Industries (USA) Ltd [USSC]

     • File size: 32kb

     • Matter: ".... whether the United States Postal Service is subject to liability under the federal anti-trust laws."

  9. Executive Director of the British Columbia Securities Commission v Hartvikson [SCC]

     • File size: 87kb

     • Matter: "Hartvikson and Johnson had breached .... the British Columbia Securities Act [s.61 - the prospectus requirement] by splitting the private placement .... The Commission .... impose the maximum financial penalty ...."

  10. Casey v The Minister for Arts, Heritage, Gaeltacht and the Islands [SCIre]

      • File size: 92kb

      • Matter: "[Plaintiff had] .... a boat .... for the carrying of passengers .... [He] applied for a permit to land passengers on Skellig Michael ...., being refused on each occasion and received his final refusal before the commencement of these proceedings ...."

  11. Canadian Forest Products Ltd v British Columbia [SCC]

      • File size: 256KB

      • Matter: "forest fire swept through .... areas .... subsequently declared by the Crown to have too much environmental value to permit logging .... It is the assessment of compensation for the Crown's claim for environmental damage in these last-identified areas, .... that has created particular difficulty."

  12. Industrial Alliance Life Insurance Co v Cabiakman [SCC]

      • File size: 92kb

      • Matter: ".... whether an employer has an obligation to pay an employee while the employee is under .... "administrative" suspension, where the employer has imposed the suspension to protect the interests of the business and its customers while criminal charges are pending ...."

  13.  PCCW-HKT Telephone Ltd v The Telecommunications Authority [HCHK]

      • File size: 112kb

      • Matter: ".... customers of one licensed network service must be able to communicate with customers of other licensed services. To this end, FTNS licences direct that licence holders must give other licence holders access to their facilities by a process described as 'interconnection'."

  14. Grupo Dataflux v Atlas Global Group LP [USSC]

      • File size: 96kb

      • Matter: ".... “the jurisdiction of the Court depends upon the state of things at the time of the action brought .... This time-of-filing rule .... measures all challenges to subject-matter jurisdiction premised upon diversity of citizenship against the state of facts that existed at the time of filing – whether the challenge be brought shortly after filing, after the trial, or even for the first time on appeal."

  15. Andar Transport Pty Ltd v Brambles Ltd [HCA]

      • File size: 166kb

      • Matter: "Mr. Wail .... attempted to remove one of the trolleys. However, that trolley was jammed against another .... [he] felt a searing pain across his lower back .... as a result of this incident, [his] lumbosacral disc .... had been damaged ...."

Part 6

• Case No.:

  1. Secretary of State for Home Department v Mullen [HL]

     • File size: 134kb

     • Matter: ".... jury convicted Mr. Mullen .... [J]udge sentenced him to thirty years' imprisonment. After .... nearly ten years the Court of Appeal quashed his conviction .... Mr. Mullen applied .... for compensation ...."

  2. Jennings v Buchanan [PC]

     • File size: 65kb

     • Matter: "whether a Member of Parliament may be held liable in defamation if the Member makes a defamatory statement in the House of Representatives – a statement which is protected by absolute privilege under article 9 of the Bill of Rights 1688 – and later affirms the statement (but without repeating it) on an occasion which is not protected by privilege."

  3. Office of Fair Trading v IBA Health LTD [CAEW]

     • File size: 150kb

     • Matter: "iSoft Group plc offered to acquire the issued share capital in Torex plc in exchange for iSoft shares .... the offer, if accepted, would lead to a relevant merger situation .... [and the creation of that situation may be expected to result in a substantial lessening of competition ....]."

  4.  Clark v Canada [SCC]

     • File size: 45kb

     • Matter: "appellant stands convicted for having masturbated near the uncovered window of his illuminated living room .... appellant contends, however, that he did not wilfully commit this indecent act "in a public place, in the presence of one or more persons""

  5. Fitzgerald v Fitzgerald [NZCA]

     • File size: 93kb

     • Matter: ".... interpretation of the trust deed of a family trust .... The deed is an example of the danger involved in cobbling together clauses from a number of precedents without due regard for ensuring internal coherence and consistency."

  6. Norbrook Laboratories Ltd v Bomac Laboratories Ltd [NZCA]

     • File size: 61kb

     • Matter: "This appeal raises a question concerning an alleged breach of an obligation of confidence."

  7.  Securities & Exchange Commission v Edwards [USSC]

     • File size: 25kb

     • Matter: ".... payphone sale-and-leaseback arrangements .... whether a moneymaking scheme is excluded from the term “investment contract” simply because the scheme offered a contractual entitlement to a fixed, rather than a variable, return."

  8.  Engine Manufacturers Association v South Coast Air Quality Management [USSC]

     • File size: 52kb

     • Matter: "Respondent .... enacted six Fleet Rules that generally prohibit .... vehicles that do not comply with stringent emission requirements .... [Whether] Fleet Rules escape pre-emption under §209(a) of the Clean Air Act."

  9.  Garland v Consumer' Gas Co [SCC]

     • File size: 107kb

     • Matter: "....  claim by customers of a regulated utility for restitution for unjust enrichment arising from late payment penalties levied by the utility in excess of .... limit prescribed."

  10.  Desmond v Mr Justice Moriaty [SCIre]

      • File size: 60kb

      • Matter: ".... whether the award of the [second licence] .... was compromised or influenced in any improper manner by Michael Lowry in return for any payment received by him."

  11. Congregation des temoins de Jehovah de St-Jerome-Lafontaine v Lafontaine [SCC]

      • File size: 129kb

      • Matter: ".... whether the municipality .... lawfully denied an application for rezoning to permit the Congrégation des témoins de Jéhovah de St-Jérôme-Lafontaine .... to build a place of worship"

  12. Secretary for Security v Sakthevel Prabakar [CFA]

      • File size: 69KB

      • Matter: ".... [whether] the Secretary can properly rely on a determination as to refugee status for the individual concerned made by the United Nations High Commissioner for Refugees .... under its mandate."

  13.  

      • File size: kb

      • Matter: ""

  14. Tennessee Student Assistance Corporation v Hood [USSC]

      • File size: 61kb

      • Matter: ".... Constitution provides that Congress shall have the power “[t]o establish .... uniform Laws on the subject of Bankruptcies throughout the United States” .... whether this Clause grants Congress the authority to abrogate state sovereign immunity from private suits."

  15. Minister for Immigration v SGLB [HCA]

      • File size: 209kb

      • Matter: ".... persons suffering from Post Traumatic Stress Disorder may have difficulty in immediately providing a coherent narrative of past events .... [respondent] contends that he was denied procedural fairness .... The Tribunal should not have proceeded without ascertaining that [he] was not suffering from PTSD ...."

Part 7

• Case No.:

  1. McFarland v Secretary of State [HL]

     • File size: 66kb

     • Matter: ".... whether the .... Secretary of State acted unlawfully in declining to pay compensation to the appellant .... who was imprisoned following a conviction which was later quashed."

  2.  Kellar v Williams [PC]

     • File size: 44kb

     • Matter: "decision against which the appeal is brought is that the respondent’s several bills of costs are to be taxed on the basis of a quantum meruit. The appellants challenge the correctness of that decision and also maintain that the contract between the respondent and his attorneys was .... an unlawful conditional fee agreement, ...."

  3.  Bride Hall Estates Ltd v St George North London Ltd [CAEW]

     • File size: 38kb

     • Matter: ".... appeal raises a short but difficult issue, concerning the true construction of "overage" provisions in a contract of sale of land .... whether, ...., the amounts paid for parking spaces .... were to be deducted in the calculation of the overage."

  4.  Mak v Yue [CFA]

     • File size: 59kb

     • Matter: ".... the defendant is impecunious and would, if unsuccessful on the appeal against the striking-out decision, be unable to pay the relevant costs. It was also common ground that impecuniosity is generally a sufficient ground for ordering security ...."

  5.  Savril Contractors Ltd v Bank of New Zealand [NZCA]

     • File size: 124kb

     • Matter: ".... Bank of New Zealand made foreign currency loans to various interests associated with Mr. Robin Murray. These proved disastrous for those Murray interests .... These appeals and cross-appeals arise out of three judgments of Baragwanath J that dealt with applications to strike out the latest Murray proceedings ...."

  6. Lawrence v Registrar of Companies [NZCA]

     • File size: 57kb

     • Matter: ".... whether Morris J was correct in holding that for an offer of securities to be made to a person who "can properly be regarded as selected otherwise than as a member of the public" under s3(2)(a)(iii) [Securities Act 1978] the offeree must have, or have the capacity to obtain, information concerning the proposed investment sufficient to be able to make an informed decision in relation to the offer."

  7.  South Florida Water Management District v Miccosukee Tribe of Indians [USSC]

     • File size: 41kb

     • Matter: "South Florida Water Management District operates a pumping facility that transfers water from a canal into a reservoir a short distance away. Respondents .... brought a citizen suit under the Clean Water Act contending that the pumping facility is required to obtain a discharge permit ...."

  8.  United States v Lara [USSC]

     • File size: 97kb

     • Matter: ".... case concerns a congressional statute “recogniz[ing] and affirm[ing]” the “inherent” authority of a tribe to bring a criminal misdemeanor prosecution against an Indian who is not a member of that tribe ...."

  9.  Anderson v Amoco Canada Oil and Gas [SCC]

     • File size: 52kb

     • Matter: "This appeal reviews the effect a reservation of petroleum rights from a sale of land that took place almost 100 years ago has on the present entitlement to oil and gas from lands encumbered by the same reservation."

  10.  Horan v Quilter [SCIre]

      • File size: 85kb

      • Matter: "There is a single issue on this appeal and it is as to the date from which interest is payable on the taxed costs of the arbitration."

  11. Canadian Broadcasting Corporation v Gilles E. Neron Communication Marketing Inc [SCC]

      • File size: 161kb

      • Matter: "Tellier J. found the CBC liable in defamation, solidarily with the Chambre des notaires du Québec (the "CNQ"), for damages stemming ...."

  12. So v Sing Tao Ltd [HCHK]

      • File size: 88kb

      • Matter: "The ICAC sought the issue of the search warrants to enable their officers to enter the premises of seven newspapers and the offices or homes of a number of journalists in order to search for and seize 'journalistic material'."

  13.  Sabri v United States [USSC]

      • File size: 39kb

      • Matter: "Sabri .... proposed to build a hotel .... [He] offered .... bribes to a city councilman, .... Sabri moved to dismiss the indictment on the ground that §666(a)(2) is unconstitutional on its face for failure to require proof of a connection between the federal funds and the alleged bribe, as an element of liability."

  14. Prebble v Huata [NZSC]

      • File size: 156kb

      • Matter: "Under .... (Rule 5.2), membership lapses if subscriptions to the party remain unpaid six months after they become due. Mrs. Awatere Huata’s subscription as a member of ACT New Zealand was not renewed by her when it became due in February 2003."

  15. Ostrowski v Palmer [HCA]

      • File size: 125kb

      • Matter: ".... ignorance of the law is no excuse .... This does not mean that people are presumed to know the law. Such a presumption would be absurd. Rather, it means that, if a person is alleged to have committed an offence, it is both necessary and sufficient for the prosecution to prove the elements of the offence, ...."

Part 8

• Case No.:

  1. British Steel plc v Simmons [HL]

     • File size: 107kb

     • Matter: ".... pursuer sustained injuries .... in the course of his employment .... After the accident the pursuer experienced an exacerbation of a pre-existing skin condition, and he developed a change in his personality which has resulted in a severe depressive illness."

  2.  Waters v Welsh Development Agency [HL]

     • File size: 207kb

     • Matter: "Compulsory purchase of property is an essential tool in a modern democratic society. It facilitates planned and orderly development. Hand in hand with the power to acquire land without the owner's consent is an obligation to pay full and fair compensation."

  3.  Attorney General for St Christopher & Nevis v Rodionov [PC]

     • File size: 54kb

     • Matter: "Government of Canada requested the extradition of Mr. Rodionov from St Kitts and Nevis .... [to] stand trial in Canada .... The Governor-General of St Kitts gave his authority to proceed, and .... the magistrate, .... found that there was sufficient admissible and cogent evidence to justify the committal ...."

  4.  Till v SCS Credit Corporation [USSC]

     • File size: 117kb

     • Matter: "To qualify for .... Chapter 13 [Bankruptcy Code] .... [a] debtor’s proposed debt adjustment plan must accommodate each allowed, secured creditor .... by providing the creditor both a lien securing the claim and a promise of future property distributions ....”"

  5.  Verizon Communications Inc v Law Offices of Curtis V Trinko LLP [USSC]

     • File size: 49kb

     • Matter: "Telecommunications Act of 1996, imposes certain duties upon incumbent local telephone companies in order to facilitate market entry by competitors, and establishes a complex regime for monitoring and enforcement."

  6. Lau v Hong Kong SAR [CFA]

     • File size: 50kb

     • Matter: "The plot, .... on which Tse and the appellant stood convicted ...., was “to pervert the course of public justice by allowing Shing .... to falsely present himself, in substitution for .... Tse .... as the driver of [the] private car .... in the police investigation of [the] traffic accident ....”"

  7.  Mulcreevy v Minister for Environment and Heritage [SCIre]

     • File size: 71kb

     • Matter: ".... that the remains of Carrickmines Castle are a "national monument" [National Monument Acts, 1930-1994], and that the construction of the motorway, .... will necessitate the removal of some of the remains ...."

  8.  Just One Life Ltd v Queenstown Lakes District Council [NZCA]

     • File size: 59kb

     • Matter: ".... whether the power of delegation contained in .... the Resource Management Act 1991 [s.34(4)] .... permitted the Council to delegate its powers ...."

  9.  Dept of Economic Policy & Development of the City of Moscow v Bankers Trust Co [CAEW]

     • File size: 138kb

     • Matter: "Among features long assumed to be implicit in parties’ choice to arbitrate in England are privacy and confidentiality."

  10.  Attorney General v Harper [SCC]

      • File size: 216kb

      • Matter: "liberal democracy demands the free expression of political opinion, .... [And] the electoral process is the primary means by which the average citizen participates in the public discourse that shapes our polity .... The law at issue sets advertising spending limits for citizens at such low levels ...."

  11. Schmeiser v Monsanto Canada Inc [SCC]

      • File size: 148kb

      • Matter: "This case concerns a large scale, commercial farming operation that grew canola containing a patented cell and gene without obtaining licence or permission. The main issue is whether it thereby breached the Patent Act."

  12. Zaoui v The Attorney General [NZSC]

      • File size: 235kb

      • Matter: "[Zaoui] arrived in New Zealand .... without a valid passport. He claimed refugee status. That claim prevented his removal .... [T]he Director of Security provided a security risk certificate to the Minister of Immigration .... and the Minister made a preliminary decision to rely upon it ...."

  13.  Eastwood v Magnox Electric Plc [HL]

      • File size: 78kb

      • Matter: "This term, implied as a legal incident of employment contracts, provides the means by which an employee who resigns in response to outrageous conduct by an employer may obtain redress. Such conduct is a breach of a fundamental term of the contract of employment, ...."

  14. NAGV v Minister for Immigration [HCA]

      • File size: 123kb

      • Matter: "[appellants] respectively are father and son, .... The RRT found that the appellants have a genuine fear that if they returned to Russia they would be persecuted because they are Jews and because of the first appellant's political activities and opinions."

  15. Applicant S v Minister for Immigration [HCA]

      • File size: 132kb

      • Matter: ".... this appeal raise two questions .... [1] whether the appellant was a member of a particular social group; and, [2] whether the appellant could be considered to have a well-founded fear of being persecuted."

Part 9

• Case No.:

  1. Bracknell Forest Borough Council v Adams [HL]

     • File size: 103kb

     • Matter: "Mr. Adams became of full age on 13 March 1990. The action was commenced more than 12 years later. His educational records at the school were destroyed when he turned 21. One of the teachers thinks that Mr. Adams was referred to an educational psychologist but there are no surviving notes."

  2.  Criterion Properties Plc v Stratford UK Properties LLC [HL]

     • File size: 56kb

     • Matter: "whether the second supplementary agreement was a valid and binding agreement .... this issue of validity turns solely on whether the directors who signed the agreement .... did so within the actual or apparent scope of their authority. This issue, in turn, depends upon an application of .... the rule in Royal British Bank v Turquand ...."

  3.  Tse v Hong Kong SAR [CFA]

     • File size: 95kb

     • Matter: ".... is evidence of copyright ownership admissible from an agent appointed by the copyright owner to attest to that ownership where the fact of ownership is not within the agent's knowledge save from information provided to him by the copyright owner?"

  4.  Vieth v Jubelirer [USSC]

     • File size: 265kb

     • Matter: "Plaintiffs-appellants .... challenge a map drawn by the Pennsylvania General Assembly establishing districts for the election of congressional Representatives, on the ground that the districting constitutes an unconstitutional political gerrymander."

  5.  Ashcroft v American Civil Liberties Union [USSC]

     • File size: 93kb

     • Matter: "[Child Online Protection Act] enacted by Congress to protect minors from exposure to sexually explicit materials on the Internet .... whether the Court of Appeals was correct to affirm .... District Court that enforcement of COPA should be enjoined because the statute likely violates the First Amendment."

  6. Josephine Ma v Francis Chin [CFA]

     • File size: 107kb

     • Matter: "[Solicitors] are officers of the court and owe duties to the court .... The court has an inherent jurisdiction to supervise their conduct and to impose sanctions .... The sanctions include ordering the solicitor concerned to be personally liable for the costs."

  7.  Taylor v Clonmel Healthcare Ltd [SCIre]

     • File size: 55kb

     • Matter: ".... an application by .... plaintiff/appellant for an order for discovery of documents."

  8.  Thompson v Treaty of Waitangi Fisheries Commission [NZCA]

     • File size: 330kb

     • Matter: "The Treaty of Waitangi Fisheries Commission .... was set up as a result of an interim settlement of Maori claims with regard to commercial fishing in New Zealand. Court action had been taken to stop the proposed introduction of a quota management system ...."

  9.  British American Tobacco (investments) Ltd v USA [CAEW]

     • File size: 99kb

     • Matter: "an appeal by British American Tobacco (Investments) Ltd .... against an order made by Mr. Justice Moore-Bick .... whereby he directed that Mr. Foyle be examined for the purposes of making his evidence available in proceedings currently pending before the United States District Court ...."

  10.  Pritchard v Ontario Human Rights Commission [SCC]

      • File size: 42kb

      • Matter: "whether a legal opinion, prepared for the Ontario Human Rights Commission by its in-house counsel, is protected by solicitor-client privilege in the same way as it is privileged if prepared by outside counsel retained for that purpose."

  11. Commission des Droits de la Personne dt des Droits de la Jeunesse v AG of Quebec [SCC]

      • File size: 104kb

      • Matter: "Should the Quebec Human Rights Tribunal be barred from hearing a complaint of discrimination referred to it on the ground that the labour arbitrator has exclusive jurisdiction over the dispute?"

  12. Bryson v Three Foot Six Ltd [NZSC]

      • File size: 74kb

      • Matter: "Mr. Bryson did work for Three Foot Six Ltd in its miniatures unit which was filming special effects for the Lord of the Rings project .... whether he did so as an employee or as an independent contractor."

  13.  LS v Chief Constable of South Yorkshire Police [HL]

      • File size: 128kb

      • Matter: ".... the taking of fingerprints and samples from persons suspected of having committed relevant offences is a reasonable and proportionate response to the scourge of serious crime. What the present appeals are concerned with is the retention of such material in cases when a suspect is subsequently acquitted or the charge is discontinued."

  14. Chief Commissioner of State Revenue v Dick Smith Electronics Holdings Pty Ltd [HCA]

      • File size: 96kb

      • Matter: "appeal arises out of a disputed assessment of stamp duty, on a Share Acquisition Agreement, .... dispute concerns the dutiable value of the relevant dutiable property and, in particular, the consideration for the dutiable transaction ..."

  15. Woolcock Street Investments Pty Ltd v CDG Pty Ltd [HCA]

      • File size: 281kb

      • Matter: "first respondent [consulting engineers] designed foundations for a warehouse and offices .... [for] trustee of a property trust .... after the appellant bought the land [from trustee], it became apparent that the building was suffering substantial structural distress .... due to the settlement of the foundations .... Did the respondents owe the appellant a duty of care?"

Part 10

• Case No.:

  1. Ullah v Special Adjudicator [HL]

     • File size: 150kb

     • Matter: ".... freedom of thought, conscience and religion guaranteed by article 9 of the Convention and in particular the freedom "either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance"."

  2.  Fytche v Wincanton Logistics Plc [HL]

     • File size: 77kb

     • Matter: "Mr. Fytche claims that because his boots were designed to protect him against a risk of his employment, his employers are liable in damages because they were inadequate to protect him against an injury which was not a risk of his employment."

  3.  Thomas Cook (NZ) Ltd v Commissioner of Inland Revenue [PC]

     • File size: 26kb

     • Matter: "New Zealand has had legislation under which holders of unclaimed monies are required in certain circumstances to pay it over to the Commissioner of Inland Revenue (the Commissioner) for use by the Crown for the benefit of the community ...."

  4.  Hamdi v Rumsfeld [USSC]

     • File size: 240kb

     • Matter: ".... the detention of a man whom the Government alleges took up arms with the Taliban during this conflict. His name is Yaser Esam Hamdi. Born an American citizen .... Hamdi moved with his family to Saudi Arabia as a child. By 2001, ...., he resided in Afghanistan."

  5.  Rasul v Bush [USSC]

     • File size: 106kb

     • Matter: "2 Australian citizens and 12 Kuwaiti citizens who were captured abroad during hostilities between the United States and the Taliban."

  6. Sze v Hong Kong SAR [CFA]

     • File size: 51kb

     • Matter: "As the 1st appellant was being evicted some of the other protesters splashed liquid from the bottles .... [A] fireball erupted .... [O]ne of the protesters, .... was engulfed in flames. He .... died as a result of the fire."

  7.  William Bennett Construction Ltd v Greene [SCIre]

     • File size: 37kb

     • Matter: "the defendants decided .... to sell the site with the benefit of the outline permission. They also decided, however, to retain part of the site .... The drain for the disposal of the sewage was shown on the site layout plan as crossing that land. That is what has given rise to the present litigation."

  8.  Danzas AG v Hally Press Ltd [NZCA]

     • File size: 57kb

     • Matter: "In the High Court counsel for Danzas argued that as an aircraft was not a ship for the purposes of the Admiralty Act 1973 .... proceedings should not have been commenced in Admiralty. Counsel accordingly argued that the proceedings were a nullity ...."

  9.  M v Secretary of State for Constitutional Affairs [CAEW]

     • File size: 79kb

     • Matter: "the City Council and the police, in consultation with other agencies, including the Home Office, decided to seek Anti-Social Behaviour Orders (ASBOs) against those involved with drug-dealing, and their associates ...."

  10.  Mann v Canada [SCC]

      • File size: 86kb

      • Matter: "I conclude that the police in this case were empowered at common law to detain the appellant and to search him for protective purposes. Like the trial judge, however, I believe that their search fell outside the ambit of what is permissible ...."

  11. Canadian Assn of Internet Providers v Soc of Composers, etc of Canada [SCC]

      • File size: 159kb

      • Matter: ".... who should compensate musical composers and artists for their Canadian copyright in music downloaded in Canada from a foreign country via the Internet?"

  12. Westfield (NZ) Ltd v Northcote Mainstreet Inc [NZSC]

      • File size: 266kb

      • Matter: "The decision ... to proceed without notifying the application was made on the grounds that the Council was satisfied that the adverse effect on the environment of granting the resource consent would be minor."

  13.  Barnette v Government of the United States of America [HL]

      • File size: 61kb

      • Matter: "The appellant has based her case upon the proposition that if a court in a state which is a signatory to the European Convention for the Protection of Human Rights and Fundamental Freedoms were to shut her out from pursuing an appeal, as the US Court of Appeals did, it would constitute a breach of article 6 of the Convention ...."

  14. Western Australian Planning Commission v temwood Holdings Pty Ltd [HCA]

      • File size: 237kb

      • Matter: "whether the Town Planning Appeal Tribunal erred in law in approving a condition on the grant of three subdivision approvals .... The condition required certain land reserved under a town planning scheme to be ceded free of cost to and without payment of compensation by the Crown."

  15. Ali v Head Teacher & Governors of Lord Grey School [CAEW]

      • File size: 169kb

      • Matter: "If a state school unlawfully excludes a pupil who is on its roll, or excludes a pupil who has been unlawfully removed from its roll, has it violated his right to education under the European Convention on Human Rights; ...."

Part 11

• Case No.:

  1. Ghaidan v Godin-Mendoza [HL]

     • File size: 212kb

     • Matter: "A person who was living with the original tenant 'as his or her wife or husband' is treated as the spouse [Rent Act 1977, Schd 1, para 2(2)] .... In Fitzpatrick [2001] 1 AC 27 your Lordships' House decided this provision did not include persons in a same-sex relationship .... [W]hether this reading of para 2 can survive .... the Human Rights Act 1998."

  2. Jerome v Kelly [HL]

     • File size: 70kb

     • Matter: "the law avoids taxing the same gain twice. In the case of bare trusts, the mechanism is simple. The law taxes the beneficiary .... In the case of other trusts, the mechanism is different. The trustee is charged to tax, but because he is only legal owner, he is entitled to an indemnity out of the fund."

  3. Dosoruth v The State of Mauritius [PC]

     • File size: 44kb

     • Matter: "[Complainant] said that the alleged bribe was paid by means of a cheque .... [The] cheque .... was encashed .... on 21 December 1991 .... a Saturday and it is a notorious fact that the Bank and the offices of the District Council are not open on Saturday afternoons."

  4. Rumsfeld v Padilla [USSC]

     • File size: 103kb

     • Matter: ".... Padilla is a U.S. citizen detained by the Department of Defense pursuant to the President’s determination that he is an “enemy combatant” who conspired with al Qaeda to carry out terrorist attacks in the United States."

  5. Sosa v Alvarez-Machain [USSC]

     • File size: 179kb

     • Matter: ".... whether respondent's allegation that the Drug Enforcement Administration instigated his abduction from Mexico for criminal trial in the United States supports a claim against the Government ...."

  6. Donachie v Chief Constable of the Greater Manchester Police [CAEW]

     • File size: 71kb

     • Matter: ".... he should have been able to approach the car, get underneath it and attach the device out of sight and walk away; .... Unfortunately, .... [the battery] had failed .... He was eventually successful on the ninth trip .... [He] developed a clinical psychiatric state, leading to an acute rise in blood pressure, which caused a stroke."

  7. Zurich Insurance Co v Analog Devices BV [SCIre]

     • File size: 71kb

     • Matter: "[One] employee while carrying out the maintenance fitted an incorrect filter .... [T]hat had catastrophic effects .... and the losses which resulted have given rise to this insurance claim."

  8. Otago Station Estates Ltd v Parker [NZCA]

     • File size: 52kb

     • Matter: ".... vendor has given a formal notice of intention to cancel for non-payment of the deposit .... purchaser sought to remedy the default .... by tendering a personal cheque .... whether the tendering of a personal cheque was sufficient to remedy the default ...."

  9. Crossley v Faithful & Gould Holdings Ltd [CAEW]

     • File size: 85kb

     • Matter: "In my view, the judge was right to reject the "portmanteau obligation" .... i.e. an implied term of any contract of employment that the employer will take reasonable care for the economic well-being of his employee."

  10. Amselem v Syndicat Northcrest [SCC]

      • File size: 268kb

      • Matter: ".... respect for and tolerance of the rights and practices of religious minorities is one of the hallmarks of an enlightened democracy. But [it] is not a stand-alone absolute right ...."

  11. Vancouver Sun v Attorney General of Canada [SCC]

      • File size: 101kb

      • Matter: ".... [gathering of information] in relation to a terrorism offence, .... the court may order the attendance of a person for examination under oath before a judge, .... appeal deals with the level of secrecy with which the judicial investigative hearing was conducted."

  12. DPP v Sheldrake [HL]

      • File size: 184kb

      • Matter: "Road Traffic Act 1988 [s.5(2)] and Terrorism Act 2000 [s.11(2)], .... [impose] burden on a defendant in criminal proceedings to prove .... if he is to be exonerated .... on the balance of probabilities .... [T]hese reverse burdens are challenged as incompatible with the presumption of innocence ...."

  13. Attorney General's Reference No 5 of 2002 [HL]

      • File size: 106kb

      • Matter: "whether, .... a criminal court may investigate whether intercept material relied on by the Crown has been obtained by tapping a private as opposed to a public telecommunications system."

  14. NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [HCA]

      • File size: 105kb

      • Matter: "appellant applied .... [for] a protection visa. He claimed to be a Muslim Tamil who had a well-founded fear of political persecution in India, and hence was a non-citizen to whom Australia owed protection obligations ...."

  15. Kettering Pty Ltd v Noosa Shire Council [HCA]

      • File size: 65kb

      • Matter: "the [Development Control Plan] divided an area of land of which the appellant's land formed part, into precincts, .... Application of the .... DCP to the appellant's land would significantly reduce its potential for more intensive use .... appellant claimed compensation [for injurious affection]."

Part 12

• Case No.:

  1. South Bucks District Council v Porter [HL]

     • File size: 78kb

     • Matter: "This is the fourth appeal before the House in recent years in which your Lordships have had to consider the adequacy of reasons given in decisions made under the Town and Country Planning legislation."

  2. Scottish Ministers v Davidson [HL]

     • File size: 121kb

     • Matter: ".... Mr. Davidson lodged a petition .... to set aside the interlocutors of 18 and 20 December 2001 on the ground that the decisions of the Extra Division were vitiated for apparent bias and want of objective impartiality on the part of the court ...."

  3. Dr Naidike v AG of Trinidad & Tobago [PC]

     • File size: 104kb

     • Matter: "Dr Naidike’s constitutional motion has two main limbs, .... He complains that each of these involved a violation of his fundamental human rights and freedoms contrary to .... Constitution of Trinidad and Tobago [s.4(a)] ...."

  4. KP Permanent Make-Up, Inc v Lasting Impression I, Inc [USSC]

     • File size: 35kb

     • Matter: "whether a party raising the statutory affirmative defense of fair use to a claim of trademark infringement, .... has a burden to negate any likelihood that the practice complained of will confuse consumers about the origin of the goods or services affected. We hold it does not."

  5. Norfolk Southern Railway Co v James N Kirby Pty Ltd [USSC]

     • File size: 55kb

     • Matter: "[M]achinery reached the U.S. unharmed. But the train carrying the machinery .... derailed, .... The machinery’s owner sued the railroad. The railroad seeks shelter in two liability limitations contained in contracts that upstream carriers negotiated for the machinery’s delivery."

  6. Cyprotex Discovery Ltd v University of Sheffield [CAEW]

     • File size: 114kb

     • Matter: "appeal .... concerns the ownership of copyright in a set of computer programs arising out of research carried out at the University of Sheffield .... and subsequently developed into a potentially commercially exploitable form by .... an employee of Cyprotex ...."

  7. Technip France SA v Rockwater Ltd [CAEW]

     • File size: 198kb

     • Matter: "In this case the proceedings .... below were effectively an action for infringement and a counterclaim for revocation, .... Laddie J held that the respondents' device did not fall within claim 3 and that the patent was invalid for want of novelty and obviousness."

  8. Discount Brands Ltd v Northcote Mainstreet Incorporated [NZCA]

     • File size: 82kb

     • Matter: "In this appeal we are again asked to address the vexed question of when a local authority can appropriately dispense with public notification of a consent application under the Resource Management Act 1991."

  9. Glaxo Group Ltd v Dowelhurst Ltd [CAEW]

     • File size: 57kb

     • Matter: ".... goods put on a market outside the European Economic Area under a registered trade mark may not be imported into the EEA where they bear a trade mark registered in the relevant territory of the EEA unless the registered proprietor has given his consent."

  10. Berry Floor v Unilin Beheer BV [CAEW]

      • File size: 93kb

      • Matter: "The Judge held that Unilin’s [patent] was infringed by two distinct categories of flooring product: those manufactured and imported by the first defendant, Berry, and a product called ‘Snap-Fit’. He held that the patent was valid."

  11. Les Entreprises Sibeca Inc v Municipality of Frelighsburg [SCC]

      • File size: 55kb

      • Matter: "At issue in this appeal are the rules governing the extra-contractual liability of municipalities, and more specifically the circumstances in which damages may be awarded against a municipality following the exercise of its power to make by-laws."

  12. Mr Afshar v Chester [HL]

      • File size: 126kb

      • Matter: "whether the conventional approach to causation in negligence actions should be varied where the claim is based on a doctor's negligent failure to warn a patient of a small but unavoidable risk of surgery when, following surgery performed with due care and skill, such risk eventuates  ...."

  13. Cream Holdings Ltd v Banerjee [HL]

      • File size: 35kb

      • Matter: "[Ms Banerjee] took with her copies of documents she claims show illegal and improper activity by the Cream group. She passed these to the Echo .... Echo published articles about alleged corruption .... Cream group sought injunctive relief ...."

  14. BHP Billiton Ltd v Schultz [HCA]

      • File size: 355kb

      • Matter: "an appeal from a judge of the Supreme Court of NSW, who dismissed the appellant's application to have an action pending in the Dust Diseases Tribunal of NSW removed .... to the Supreme Court of NSW, and then transferred to the Supreme Court of SA."

  15. Griffith University v Vivian Tang [HCA]

      • File size: 216kb

      • Matter: ".... [respondent seeks] review .... of a decision to exclude her from the PhD candidature programme .... made on the ground that she had "undertaken research without regard to ethical and scientific standards" and had thereby engaged in "academic misconduct"."