Maloney v. The Queen
Case No.
B57/2012
Case Information
Lower Court Judgment
20/04/2012 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Chesterman JA, Daubney J)
Catchwords
Statutes – Interpretation – Racial discrimination – The community area of the Palm Island Shire Council declared a 'restricted area' pursuant to s 147G of the Liquor Act 1992 (Q) – Applicant convicted of possessing liquor in the Palm Island restricted area pursuant to s 168B(1) of the Liquor Act – Whether liquor restrictions contravene s 10 of the Racial Discrimination Act 1975 (Cth) – Whether liquor restrictions valid as special measure within the meaning of s 8 of the Racial Discrimination Act.
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Whether State law inconsistent with Commonwealth law and invalid to extent of inconsistency.
Documents
05/10/2012 Hearing (SLA, Canberra by v/link to Brisbane)
19/10/2012 Notice of appeal
19/10/2012 Notice of constitutional matter (Appellant)
26/10/2012 Written submissions (Appellant)
26/10/2012 Chronology (Appellant)
16/11/2012 Written submissions (Respondent)
23/11/2012 Written submissions (Attorney-General of the Commonwealth intervening)
23/11/2012 Written submissions (Attorney-General for the State of South Australia intervening)
23/11/2012 Written submissions (Attorney-General for the State of Western Australia intervening)
23/11/2012 Written submissions (Australian Human Rights Commission seeking leave to intervene)
28/11/2012 Written submissions (National Congress of Australia's First Peoples Ltd seeking leave to appear as amicus curiae)
30/11/2012 Reply
11/12/2012 Hearing (Full Court, Canberra)
12/12/2012 Hearing (Full Court, Canberra)
19/06/2013 Judgment (Judgment summary)
Wallace v. Kam
Case No.
S307/2012
Case Information
Lower Court Judgment
13/04/2012 Supreme Court of New South Wales (Court of Appeal) (Allsop P, Beazley JA, Basten JA.)
Catchwords
Torts – Negligence – Causation – Medical practitioner – Failure to warn –Duty to warn patient of material risks inherent in applicant’s proposed back surgery – Multiple material risks – Applicant suffered nerve damage on account of one of several risks materialising – Applicant argued that he would not have undergone surgery if told of all risks – Whether failure to warn of material risks that did not eventuate causally connected to damage – Civil Liability Act 2002 (NSW), s 5D.
Documents
05/10/2012 Hearing (SLA, Sydney)
18/10/2012 Notice of appeal
26/10/2012 Chronology (Appellant)
01/11/2012 Amended written submissions (Appellant)
16/11/2012 Written submissions (Respondent)
30/11/2012 Reply
13/03/2013 Hearing (Full Court, Caberra)
08/05/2013 Judgment (Judgment summary)
Beckett v. The State of New South Wales
Case No.
S144/2012
Case Information
Lower Court Judgment
2/05/2012 Supreme Court of New South Wales (Court of Appeal) (Beazley JA, McColl JA, Tobias AJA)
Catchwords
Torts – Malicious Prosecution – Elements of action – Applicant convicted of multiple charges – Applicant subsequently acquitted of one charge and remaining convictions quashed and new trail ordered – Prosecution decided not to proceed with outstanding charges – Applicant brought action for malicious prosecution – Whether plaintiff must prove innocence – Whether nolle prosequi filed with court or whether alternative characterisation appropriate – Whether Davis v Gell (1924) 35 CLR 275 should be overruled.
Documents
30/05/2012 Application for special leave to appeal
05/10/2012 Hearing (SLA, Sydney)
26/10/2012 Written submissions (Applicant)
26/10/2012 Chronology (Applicant)
19/11/2012 Amended written submissions (Respondent)
30/11/2012 Reply
05/02/2013 Hearing (Full Court, Canberra)
08/05/2013 Judgment (Judgment summary)
Hunt & Hunt Lawyers v. Mitchell Morgan Nominees Pty Ltd and Ors
Case Nos.
S270/2012; S95/2012
Case Information
Lower Court Judgment
15/03/2012 Supreme Court of New South Wales (Court of Appeal) (Macfarlan JA, Sackville AJA)
Catchwords
Torts – Negligence – Proportionate liability – Loan and mortgage transactions effected by forged signatures of purported borrower/mortgagor – Mortgage registered but respondent lender's interest not indefeasible as security for loan amount – Respondent's solicitors ('the applicant') liable to respondent for negligence in failing to word mortgage so as to be indefeasible as security for loan amount – Sections 34 and 35 of the Civil Liability Act 2002 (NSW), inter alia, limit liability of a defendant who establishes that other parties are concurrently liable to a plaintiff in respect of the damage or loss that is the subject of plaintiff's claim against the defendant – Whether insolvent fraudsters concurrent wrongdoer together with applicant – What is the correct approach to identifying 'the damage or loss that is the subject of the claim' within the meaning of s 34(2) of the Civil Liability Act 2002.
Torts – Negligence – Damages – Financial loss – Loss of Interest component – Forged mortgage – Scope of liability under s 5D Civil Liability Act 2002 (NSW) – Whether Court of Appeal erred in holding that damages payable by applicant included amounts referable to interest rate provided in forged mortgage.
Documents
07/09/2012 Hearing (SLA, Sydney)
21/09/2012 Notice of appeal
02/10/2012 Written submissions (Appellant/Applicant)
02/10/2012 Chronology (Appellant/Applicant)
03/10/2012 Submitting appearance (Fourth Respondent)
24/10/2012 Written submissions (First and Second Respondents)
31/10/2012 Reply
12/12/2012 Hearing (Full Court, Canberra)
03/04/2013 Judgment (Judgment summary)
29/05/2013 Supplementary Judgment
Weinstock and Anor v. Beck and Anor
Case No.
S266/2012
Related matter
S56/2012 – Beck v. Weinstock & Ors
Case Information
Lower Court Judgment
5/04/2012 Supreme Court of New South Wales (Court of Appeal) (Campbell JA, Young JA, Sackville AJA)
Catchwords
Corporations law – Redeemable preference shares – Validity of issue – Rights attaching to shares – Eight C class shares were allotted in the third respondent ("the Company") – No other shares in the Company over which the C class shares conferred any priority or preference were ever issued – Directors of the Company resolved to redeem the eight C class shares for a nominal amount – Whether other shares, over which preference is enjoyed, must exist for redeemable preference shares to be valid – Whether eight C class shares in the Company were redeemable preference shares for the purposes of the Corporations Act 2011 (Cth) notwithstanding that there were never any other shares issued in the Company by reference to which the C class shares conferred preference.
Corporations law – Management and administration – Directors and other officers – Appointment removal and retirement of directors – Power of court to rectify corporate act which is taken in contravention of corporate constitution – Section 1322(4) of the Corporations Act 2001 (Cth) confers on a court power to make an order that any "act, matter or thing purporting to be have been done" either under the Corporations Act, or "in relation to a corporation" is not invalid by reason of any "contravention of a provision of [the Corporations Act] or a provision of the constitution of a corporation" – Whether purported act contravening constitution by person never validly appointed to office is a "contravention" that can be cured by s 1322(4) – Scope of power conferred by s 1322(4) of the Corporations Act 2001.
Documents
07/09/2012 Hearing (SLA, Sydney)
20/09/2012 Notice of appeal
21/09/2012 Written submissions (Appellants)
21/09/2012 Chronology (Appellants)
10/10/2012 Written submissions (First Respondents)
17/10/2012 Reply
14/11/2012 Hearing (Full Court, Canberra)
01/05/2013 Judgment (Judgment summary)