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FEATURED CASES

Telstra Corporation Ltd v Aus

CTM v Australia [HCA]

Part 1

Case No.:
1. Dabas v High Court of Justice at Madrid [HL]
  - File size: 115kb
  - Matter: "The High Court of Justice of Madrid seeks the surrender of the appellant, ... to face a criminal charge of complicity in Islamic terrorism in connection with the Madrid train bombings ..."
2. Golden Strait Corporation v Nippon Yusen Kubishka Kaisha [HL]
  - File size: 154kb
  - Matter: "appeal concerns the assessment of damages for loss of charter hire recoverable by a shipowner where a charterer repudiates a time charter of a vessel during its currency and he accepts that repudiation, there being an available market"
3. Commissioner of Police v Bermuda Broadcasting Co Ltd [PC]
  - File size: 39kb
  - Matter: "... unauthorised removal from the custody of the Bermuda Police Service of a number of documents relating to an extensive investigation that the BPS ... had carried out into the affairs of the Bermuda Housing Corporation ..."
4. A Solicitor v Hong Kong Law Society [CFA]
  - File size: 179kb
  - Matter: "whether the Court of Appeal is bound by its own decision(s) when that previous decision(s) was influenced or itself bound by a Privy Council decision(s), which has since been either overtaken and/or developed and/or departed from"
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7. Molimi v South Africa [CCZA]
  - File size: 69kb
  - Matter: "admissibility of extra-curial statements of an accused against a co-accused in a criminal trial ... [The] rules governing the admissibility of hearsay evidence under ... the Law of Evidence Amendment Act in the context of the right to a fair trial ..."
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9. Canada v Khadr [SCC]
  - File size: 49kb
  - Matter: "The principles of international law and comity of nations, which normally require that Canadian officials operating abroad comply with local law, do not extend to participation in processes that violate Canada’s international human rights obligations"
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14. Telstra Corporation Ltd v Australia [HCA]
  - File size: 97kb
  - Matter: "Telstra emphasised the physical disconnection of the local loops from its equipment and the physical connection of those loops to a competitor's equipment as indicating that there had been an acquisition of property."
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Part 2

Case No.:
1. Commissioner of Police of the Metropolis v Hurst [HL]
  - File size: 114kb
  - Matter: "Mrs. Hurst asked the coroner to exercise his discretion to resume the adjourned inquest ... She wished the coroner to investigate what she alleged were the failings of the police and the housing authority, ..., to protect her son from Reid ... [T]he coroner declined to reopen the inquest."
2. Jordan v Lord Chancellor of Northern Ireland [HL]
  - File size: 132kb
  - Matter: "Each of these two cases, ..., concerns an inquest which has been opened and is to continue ... Each inquest concerns a death which occurred years ago: ... Both the deceased, .., were directly shot and killed by agents of the state ..."
3. DPP v Penn [PC]
  - File size: 88kb
  - Matter: "The Jury Act 1914 of the British Virgin Islands contains elaborate and detailed provisions for the preparation and publication each December of a list of persons qualified to serve as jurors ..."
4. Tung Shun Transportation & Engineering Ltd v Y.H. Fong [CFA]
  - File size: 37kb
  - Matter: "Mr Coleman, SC submitted that Tung Shun and Cheng are ... relying on the limitation provided for ... [the Convention Convention on Limitation of Liability for Maritime Claims 1976]"
5. Butenas v Governor of Cloverhill Prison [SCIre]
  - File size: 61kb
  - Matter: "The appellant’s claim is that the terms of that provision were such that it precluded the release on bail pending surrender, in every case and in all circumstances, the person in respect of whom an Order of surrender was made. Accordingly, s.16(4) is unconstitutional ..."
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7. Occupiers of 51, Olivia Road, Johannesburg v City of Johannesburg [CCZA]
  - File size: 72kb
  - Matter: "They challenged the correctness of the judgment ... authorising their eviction ... based on the finding that the buildings ... were unsafe and unhealthy. The City was ordered to provide those of the occupiers who were “desperately in need of housing assistance with relocation to a temporary settlement area”."
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9. British Columbia v Zastowny [SCC]
  - File size: 54kb
  - Matter: "appeal raises the issue of when – if ever – an individual may be awarded damages for past wage loss for time in which he or she was incarcerated."
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14. Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [HCA]
  - File size: 85kb
  - Matter: "Talbot J found that thereafter the market value of the Land had been constrained by actions of the Council to maintain the industrial zoning in order to thwart any change in zoning that would permit development for residential purposes."
15. Betfair Pty Ltd v Western Australia [HCA]
  - File size: 193kb
  - Matter: "During the period ... he used a computer connected to the internet to place with Betfair bets on horse and greyhound racing and other sporting events in Western Australia and other States."

Part 3

Case No.:
1. George Wimpey UK Ltd v Melville Dundas Ltd [HL]
  - File size: 96kb
  - Matter: "In this case a contractor (now in receivership) sues the employer under a construction contract for an interim payment which had been applied for less than 28 days before appointment of the receiver, on which ground the employer determined the contractor's employment under the contract."
2. O'Brien v Independent Assessor [HL]
  - File size: 167kb
  - Matter: "[Criminal Justice Act 1988, s.133] provides for payment of compensation to those who have suffered punishment following a conviction which involved a miscarriage of justice"
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4. HKSAR v P.O. Ng [CFA]
  - File size: 89kb
  - Matter: "Prevention of Bribery Ordinance (s.14) gives the court power to authorize the Commissioner of the Independent Commission Against Corruption to serve a notice requiring the person served to furnish information relating to assets ..."
5. R.C. v Min for Health [SCIre]
  - File size: 97kb
  - Matter: "May one or more dependants on whose behalf a claim for compensation pursuant to the Hepatitis C Compensation Tribunal Act 1997 as amended has been made to the Hepatitis C and HIV Compensation Tribunal appeal the award to the High Court?"
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7. A.D. v D.W. [CCZA]
  - File size: 70kb
  - Matter: "This case stems from the legal difficulties they encountered in trying to effect an inter-country adoption."
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9. Design Services Ltd v Canada [SCC]
  - File size: 64kb
  - Matter: "The issue in this appeal is whether an owner in a tendering process owes a duty of care in tort to subcontractors. The owner awarded a construction contract to a non-compliant bidder."
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Part 4

Case No.:
1. H v The Queen [HL]
  - File size: 191kb
  - Matter: "... defendant, ..., was charged, with conspiracy to defraud. She made an application [Criminal Procedure and Investigations Act 1996, s.8] for disclosure of documents in the possession of the prosecution. The application was made in the course of a preparatory hearing ..."
2. Rogers v R [HL]
  - File size: 30kb
  - Matter: "whether using the words "bloody foreigners" and "get back to your own country" can transform the offence of using abusive words and behaviour with intent to cause fear or provoke violence, contrary to section 4 of the Public Order Act 1986, into the racially aggravated form of that offence ..."
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5. Cosgrove v The Electricity Supply Board [SCIre]
  - File size: 63kb
  - Matter: "appeal from an order of the High Court dismissing an action for damages for personal injuries arising out of an accident involving ESB power lines above an agricultural field"
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9. Dunsmuir v New Brunswick [SCC]
  - File size: 207kb
  - Matter: "This appeal calls on the Court to consider, once again, the troubling question of the approach to be taken in judicial review of decisions of administrative tribunals."
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15. CTM v Australia [HCA]
  - File size: 294kb
  - Matter: "The principal focus of the appellant's conviction appeal ... was whether a "common law defence" of honest and reasonable mistake of fact applied ..., such as would exculpate the appellant if he had held a belief, at the time of the sexual intercourse, that the complainant was over the age of 16 years."

Part 5

Case No.:
1. Derbyshire v St Helens Borough Council [HL]
  - File size: 115kb
  - Matter: "The right not to be discriminated against ... would be of little value if a victim ... could not have recourse to a judicial body ..."
2. Stack v Dowden [HL]
  - File size: 197kb
  - Matter: "this case is about the property rights of a cohabiting couple in a house which they occupied together as their home until the breakdown of their relationship. They have an obvious interest in the determination of their respective property rights ..."
3. Panday v Virgil [PC]
  - File size: 60kb
  - Matter: "The appellant is the Leader of the Opposition in Trinidad and Tobago, ... [T]hree summonses were issued charging him with three offences of knowingly making false declarations as to his financial affairs ..."
4. W.Y. Koon v Insider Dealing Tribunal [CFA]
  - File size: 146kb
  - Matter: "The Court of Appeal concluded that the respondents were entitled to the protection of [the Bill of Rights (Art.10 and Art.11)] in the insider dealing proceedings and that the evidence ... in relation to which the respondents had claimed the privilege against self-incrimination, was inadmissible in those proceedings."
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9. Evans v Teamsters Local Union No 31 [SCC]
  - File size: 170kb
  - Matter: "appeal concerns an employee’s duty to mitigate damages for wrongful dismissal ... [W]hether an employee who has been wrongfully dismissed is required to mitigate damages by returning to work for the same employer who terminated the employment ..."
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15. Griffiths v Min for Lands [HCA]
  - File size: 220kb
  - Matter: "... whether or not any non-native title right or interest exists at any particular time could be a matter of uncertainty. Such rights and interests may not be known at the time of acquisition."

[.... END OF 2008 ....]

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