Top 200 Cases Flashcards
There must be an error before an appellate court may overturn a discretionary ruling.
House v The King (1936) 55 CLR 499
Gambling while bankrupt – 3 months hard labour – necessary for efficient litigation.
The court may dismiss a case summarily if “manifestly groundless”.
General Steel Industries v Comm’r for Railways (1964) 112 CLR 125
Patent for railway car – Crown immune under Patents Act 1952 (Cth) – requires “great care”.
Legislation must be interpreted according to the text, context and purpose of the statue, viewed as a whole.
Project Blue Sky v ABA (1998) 194 CLR 355
Inconsistent sections – 50% Australian content, NZ free-trade – read as whole, international obligations superior.
An unexplained failure to call evidence may lead to an inference it would not have assisted.
Jones v Dunkel (1959) 101 CLR 298
Truck collision – defendant driver not called – P’s evidence “more readily accepted”.
Ambiguity is necessary before surrounding circumstances can aid interpretation of a contract.
Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337
Injunction to limit work – contract frustrated – controversy over Mason J’s “true rule”.
The more serious the allegation, the stronger proof required.
Briginshaw v Briginshaw (1938) 60 CLR 336
Alleged adultery – serious accusation – weak evidence of confession to investigator.
A failure to consider all relevant factors makes the administrative decision void.
Minister of Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24
Grant to aboriginal tribe – didn’t consider detriment to mining operations – decision invalid.
Judicial review should not overzealously scrutinise unhappy phrasing in a decision’s reasons.
Minister for Immigration v Wu Shan Liang (1996) 185 CLR 259
Refugee claim rejected – persecution fear not well-founded – ‘decision’, not reasons, under review.
Courts have more latitude than tribunals to make mistakes.
Craig v South Australia (1995) 184 CLR 163
No legal representation – trial judge stayed – incorrect, but not “jurisdictional error”.
The High Court has entrenched jurisdiction to review for jurisdictional error.
Plaintiff S157 v Commonwealth (2003) 211 CLR 476
Privative clause – but s 75(v) - seperation of powers.
To be reviewable under the AD(JR) Act, decisions must be final or substantive.
Australian Broadcast Tribunal v Bond (1990) 170 CLR 321
Licence shareholder misconduct - helped decision licence holder not ‘fit and proper’ – stops pre-mature judicial review.
A decision maker must give an opportunity to respond to adverse information.
Kioa v West (1985) 159 CLR 550
Alleged illegal immigration ringleader – no opportunity to respond – natural justice / procedural fairness.
Appellate courts can only set aside findings of fact if glaring improbable or erroneous.
Fox v Percy (2003) 214 CLR 118
Car and horse collided – which was on wrong side of road – skid marks proved trial judge wrong.
Estoppel is available for a gratuitous promise made outside a contractual relationship.
Commonwealth v Verwayen (1990) 170 CLR 394
Represented would not rely on limitation period – withdrawn – 4 (estoppel), 2 (waiver).
The successful party is usually entitled to costs, but it is a matter of discretion.
Ohlack v Richmond River Council (1998) 193 CLR 72
Endangering koalas – public interest, arguable case, community concern – plaintiff lost, but no costs order.
Late, unexplained leave to amend pleadings may be refused on “case management” grounds.
Aon Risk Services v ANU (2009) 239 CLR 175
New defence on Day 4 – no explanation for delay – public confidence requires efficient use of public resource.
A decision can be quashed if so unreasonable no reasonable person could have made it.
Associated Provincial Picture House v Wednesbury Corporation [1948] 1 KB 223
Children under 15 not permitted on Sunday – must be “overwhelming” – not made out.
“But for” is relevant to causation, but it is ultimately a matter of common sense.
March v Stramare (1991) 171 CLR 506
Intoxicated driver – negligently parked truck – both a cause.
Breach of duty requires asking:
(1) was the risk foreseeable?
(2) what would a reasonable person have done in response (given likelihood, seriousness, cost and other duties)?
Wyong Shire Council v Shirt (1980) 146 CLR 40
Deep water sign - intended as border - water actually shallow.
To imply a term into a formal contract, it must be (1) reasonable and equitable (2) necessary for business efficacy (3) obvious (4) capable of clear expression (5) consistent with written terms.
BP Refinery (Westernport) Pty Lyd v Shire of Hastings (1977) 180 CLR 266
Decentralisation scheme - preferential local rates - implied term that sucessor company could benefit.
Unconsciousble departure from a promise can be estopped, in essence enforcing the promise.
Walton Stores v Maher (1988) 164 CLR 387
Sent contract - was told mere formality - when demolition 40% done withdrew.
A party will be estopped from raising issues it unreasonably failed to raise in earlier proceedings.
Port of Melbourne Authority v Anshun (1981) 147 CLR 589
Injured worker – both liable – Port didn’t rely on contractual indemnity first time.
It is unconscionable conduct to take unfair advantage of a special disability.
CBA v Amadio (1983) 151 CLR 447
Son misrepresented limit – no independent advice – bank knew, took guarantee anyway.
Fiduciary and contractual relationships can co-exist, but a fiduciary relationship is unlikely in an arms-length deal.
Hospital Products v USSC (1984) 156 CLR 41
Australian distributor – copycat product, stole customers – no fiduciary, but breach of pre-contractual promise.
The plaintiff must clearly justify extending the limitation period.
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR at 541
Unnecessary hysterectomy in 1979 – deterioration in evidence often unobservable – whole quality of justice deteriorates.
Prospective economic loss is not actionable, nor does it trigger the limitation period.
Wardley Australia v Western Australia (1992) 175 CLR 514
Wardley misrepresented Rothwells’ solvency – loss arose when indemnity called – not when indemnity given.
A contract means what a reasonable person would take it to mean, after:
- reading the text, and
- knowing the surrounding circumstances, purpose and object of the transaction.
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165
Toll carried vaccines – damaged – plaintiff did not read exemption before signing.
The Australian common law recognises the doctrine of native title.
Mabo v Queensland (No 2) (1992) 175 CLR 1
Torrens Strait island – continuing possession – not extinguished by annexure to colony of Queensland.
Appeal courts should not set aside credibility findings simply because the probabilities of the case appear to be against it.
Devries v Australian National Railways Commission (1993) 177 CLR 472
Back injury – using tie tamper – inconsistent statement from hospital.
For informal contract, terms may be implied if necessary for the reasonable or effective operation of the contract.
Byrne v Australian Airlines Ltd (1995) 185 CLR 410
Baggage handler – pilfering –award terms requiring natural justice not implied into contract.
Intention is not required for misleading or deceptive conduct.
Parkdale Custom Built Furniture v Puxu (1982) 149 CLR 191
Famous ‘Contour’ range – similar competitor released, but clearly labelled – maybe IP breach, but not MDC.
A judge is disqualified if a fair-minded lay observer might reasonably apprehend the judge would not bring an impartial mind to the resolution of the case.
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Claw back property for creditors – ANZ a creditor – judge had ANZ shares.
An expert must explain their reasons, to allow the tribunal of fact to evaluate the opinion expressed.
Makita (Australia) v Sprowles (2001) 52 NWSLR 705
Allegedly slippery steps – expert confirmed – but scant reasoning.
Leave to raise a new argument on appeal will usually not be granted, if evidence could have been given at trial to contradict it.
Coulton v Holcombe (1986) 162 CLR 1
Argument over how water should be diverted – overlooked one point at trial – would reduce trial to a “preliminary skirmish”.
Courts may stay proceedings where an accused is unrepresented, if it would result in an unfair trial.
Dietrich v The Queen (1992) 177 CLR 292
Exhaustive efforts to get legal aid – unrepresented at trial – importance of ensuring ‘fair trial’.
Judicial review concerns the legality of a decision, not its merits.
Attorney-General (NSW) v Quin (1990) 170 CLR 1
Abolished Court of Petty Session – Quin not selected for new Magistrates Court – ‘merits of [decision]…are for the repository of the power’alone’
In the tort of deceit, detrimental reliance may be inferred by entering the contract after the misrepresentation.
Gould v Vaggelas (1984) 157 CLR 215
Tourist resort – misrepresented profitability – suffered loss.
A court should modify:
- hypothetical past damages; or
- future damages,
by the probability that something would have occurred or might occur.
Malec v JC Hutton (1990) 169 CLR 638
Brucellosis – can cause depression and back pain – but 60% chance would have happened anyway.
Equity may impose a constructive trust to recognise the unequal contributions to the blameless failure of a joint venture.
Muschinski v Dodds (1985) 160 CLR 583
Tenants in common – planning approval not given, insufficient funds – discontinued, split, M had contributed 90%.
Privative clauses exclude judicial review if the action was bona fide and apparently within power, but not where the action was beyond jurisdiction.
R v Hickman; E parte Fox and Clinton (1945) 70 CLR 598
Coal mining Reference Board – made award about truck drivers that occasionally delivered coal – beyond jurisdiction.
Unincorporated treaties can give rise to a “legitimate expectation”. A decision maker must give a hearing before making any contrary decision to it.
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Father of three children – heroin trafficker – not given sufficient chance to make submissions on impact to family.
Costs are not intended to punish. They are compensation for the expense of legal proceedings.
Latoudis v Casey (1990) 170 CLR 534
Oakleigh theft of motor car – acted suspiciously, but ultimately no evidence – Magistrate disallowed costs, HCA overturned.
Seriously considered dicta of the High Court should be followed by lower courts, and intermediate courts of appeal should follow each other unless convinced ‘plainly wrong’.
Farah Constructions v Say-Dee Pty Ltd (2007) 230 CLR 89
JV to develop land – one party purchased adjacent land to improve prospects of council approval – done with consent.
An agreement may be binding notwithstanding it contemplates later formal documentation, depending on the intention of the parties.
Masters v Cameron (1954) 91 CLR 353
Sale of WA farm – ‘subject to preparation of a formal contract of sale’ – no intention.
A person cannot be knowingly concerned in a contravention of the ACL unless they have knowledge of the essential facts.
Yorke v Lucas (1985) 158 CLR 661
Business purchase – false turnover representations – director (Lucas) not aware, made sufficient inquiries.
To challenge a witnesses’ evidence, you must put the grounds of the challenge to the witness in cross examination.
Browne v Dunn (1893) 6 R 67
Letter of retainer – suggested signatures were false in closing – did not put this to witnesses.
Every person has a duty of care to avoid acts or omissions which could foreseeably injure others.
Donoghue v Stevenson [1932] AC 562
Ginger beer – decomposing snail – Lord Atkin’s “neighbour” principle.
It is an abuse of process to institute proceedings for a predominantly extraneous purpose.
Williams v Spautz (1992) CLR 509
Fired academic – instituted criminal defamation proceedings – trying to pressure university to reinstate.
Control distinguishes an employee from subcontractor, and totality of the relationship.
Stevens v Brodribb Sawmilling (1986) 160 CLR 16
Orbost sawmill – injured loading truck – own equipment, hours, free to work elsewhere if no work available.
Estoppel representations must be clear and unambiguous.
Legione v Hateley (1983) 152 CLR 406
Purchase of land – requested late settlement – secretary: ‘that should be ok’
Damages put the plaintiff back in the position had the breach not occured.
Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64
Quarantine surveillance – wrongly terminated – damages granted assuming would win further contract.
Before granting an injunction, the plaintiff must show:
(a) they have an arguable case for trial;
(b) not granting the injunction will cause damage, even if they later win.
ABC v O’Neill (2006) 227 CLR 57
Convicted murderer – ABC documentary –injunction not to air pending defamation case.
A party may recover for pure economic loss for negligent advice.
Hedley Byrne & Co Ltd v Heller [1964] AC 465
Customer solvency – sought advice from bank – bank disclaimed liability.
The public interest immunity balances two principles – safeguarding Australia’s interests, and the truth.
Sankey v Whitlam (1978) 142 CLR 1
Loans Affair – private prosecution – no continuing need to withhold.
The Bolam test has no application in a failure to warn case.
Rogers v Whitaker (1992) 175 CLR 479
Surgery to correct blind eye – 1 in 14,000 chance of damage to other eye – negligent.
A court has a discretion to exclude illegally obtain evidence, to prevent condoning illegaility.
Bunning v Cross (1978) 141 CLR 54
Clearly drunk driver – skipped preliminary roadside breath test – bought directly to station.
Loss of chance is actionable damage under the ACL.
Sellars v Adelaide Petroleum NL (1994) 179 CLR 332
Draft contract with A to inject capital – induced away – lost chance of favourable contract.
Strangers must account for fiduciary property if they:
(a) knowingly receive it; or
(b) knowing assist in a breach.
Barns v Addy (1874) LR 9 CH App 244
Trustee misapplied property – solicitor drafted deed – but did not suspect wrongdoing.
State Supreme Courts have an entrenched power to correct jurisdictional error.
Kirk v Industrial Court of New South Wales (2010) 239 CLR 531
Farm manager killed – convicted despite irregularities – ‘IRC decisions are final’.
Rejecting a genuine compromise and receiving less than it at trial may have cost consequences.
Calderbank v Calderbank [1975] 3 WLR 586
Married breakdown – wife offered husband $12,000 house to settle – husband got $10,000 at trial.
Courts have a discretion to award costs against non-parties to litigation.
Knight v FP Special Assets Ltd (1992) 174 CLR 178
Insolvency dispute – company insolvent – receivers ordered to pay costs.
A statute is presumed not to have retrospective application.
Maxwell v Murphy (1957) 96 CLR 261
Husband kill by car – wife had twelve months to sue – missed, but legislation extended to six years.
Ratification of a treaty empowers the Commonwealth to pass any law necessary to carry it out.
Tasmania Dams Case (1983) 158 CLR 1
Franklin Dam – World Heritage site – vigorous national debate.
Privilege is not established by any ‘formula or ritual’ ,and a court has the power to inspect a document to determine if it is privileged.
Grant v Downs (1976) 135 CLR 674
Mental patient escaped - died from exposure - report produced for legal advice, but also for internal inquiry (not ‘sole purpose’).
The government may claim legal professional privilege.
Waterford v Commonwealth (1987) 163 CLR 54
Journalist – wanted Treasury projections for welfare spending – government sought legal advice.
Apportionment requires weighing;
- culpability; and
- causative contribution.
Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALJR 492
Gas explosion – employee inserted pin unsatisfactorily – 90% responsible.
Privilege can be waived by behaviour inconsistent with it.
Mann v Carnell (1999) 201 CLR 1
ACT Government – shared legal advice with MP – to show litigation against Dr Mann was reasonable.
The right to recovery a quantum meruit does not rest on contract, but on restitution or unjust enrichment.
Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
Oral building agreement – unenforceable – not reliant on contract.
