Popular Terms
R v Doan [2000] NSWCCA 317 - where the maximum applicable penalty is lower because the charge has been prosecuted within the limited summary jurisdiction of the Local Court, that court should impose a penalty reflecting the objective...
X7 v Australian Crime Commission[2013] HCA 29 - provides that criminal proceedings are also accusatorial in nature, which requires that the Crown prove its case and cannot require an accused to assist in doing so.
Westfield Management Ltd v Perpetual Trustee Co Ltd [2007] HCATrans 367 - where Hodgson JA said that a development consent should be construed, like a contract, to preserve its validity and to avoid uncertainty.
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 384 [78] - provides that "the duty of a court is to give the words of a statutory provision the meaning that the legislature is taken to have intended...
Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 - the Minister's power must include dealing with contingencies, including those which are highly unlikely or which may never eventuate for the object of “prevent[ing]” the spread of any...
Lovell v Penkin (a bankrupt) [2008] FCA 637; 101 ALD 335 - where the tort claim arises because of the existence of—“by reason of”—the retainer. Jack v Kipping [1882] UKLawRpKQB 14; (1882) 9 QBD 113 - held that framing a claim as a...
Cummings v Claremont Petroleum NL (1996) 185 CLR 124 - provides that while a claim alleging breach of fiduciary duty is not a claim in contract, it is a claim “by reason of” a contract or breach of trust and it is a debt provable in...
Harbour Radio Pty Ltd v Ahmed [2015] NSWCA 290; (2015) 90 NSWLR 695 - provides that there are circumstances in which the conduct of respondent’s counsel can provide a basis for aggravated damages, such as when counsel puts to an...
Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 2) [2015] FCA 762; 236 FCR 432 - provides that the Court has jurisdiction to grant an interlocutory injunction to restrain a threatened contempt of court. Australian...
Commonwealth v Verwayen (1990) 170 CLR 394 - held that the question whether departure from the assumption would be unconscionable must be resolved by reference to all the circumstances of the case, including the reasonableness of the...
Hinch v Attorney-General (Vic) [1987] HCA 56; 164 CLR 15 - provides that there must, however, be a “substantial risk of serious interference” or a “real and definite tendency to prejudice or embarrass pending proceedings” or “clear...
Kandola v Google LLC (No 2) [2021] FCA 1412 (12 November 2021) - provides that an applicant for preliminary discovery must satisfy the Court that there may be a right for the prospective applicant to obtain relief against a prospective...