Category Archives: Commonwealth
Bank of New Zealand -v- Board of Management of the Bank of New Zealand Officers’ Provident Association; PC 14-Jul-2003
PC (New Zealand) The defendant operated a superannuation scheme for and on behalf of the officers of the bank it regulated. The trustees ought to amend the scheme, but it had been set up by statute.Held: When assessing such amendments … Continue reading
Filed under Commonwealth
Contradictors -v- The Attorney General of New Zealand; The Public Trustee and Pritchard; PC 8-Mar-2001
(New Zealand) The government of New Zealand wanted to re-organise the public trustee office, and had to determine the destiny of the funds held. Representative beneficiaries were recommended to be chosen, but instead, counsel was appointed to represent the ‘Contradictors’. … Continue reading
Filed under Commonwealth, Financial Services, Litigation Practice
Arbitrators’ Institute of New Zealand Inc -v- Legal Services Board; 1995
(New Zealand) A dispute had been referred to arbitration, and the question was whether a private arbitrator was a ‘judicial authority’. Held: In their natural and ordinary meaning those words referred to a person or body: ‘? having power to … Continue reading
Filed under Commonwealth, Legal Aid
Carborundum Abrasives Ltd -v- Bank of New Zealand (No 2); 1992
(New Zealand High Court) The court considered the position of company directors in litigation by their companies: ‘The directors of a company may frequently be in a position different from other non-parties with a direct financial interest in promoting or … Continue reading
Filed under Commonwealth, Costs
Attorney-General of New Zealand -v- Ortiz; ChD 1984
The New Zealand government sought the return of a Maori carving which had been bought by the defendant after it had been illegally exported from New Zealand. The defendant replied that an English court should not itself enforce a foreign … Continue reading
Filed under Commonwealth
Comalco Ltd -v- Australian Broadcasting Corporation; 1983
(Supreme Court of the Australian Capital Territory) Hansard was admissible to show what had been said in the Queensland Parliament as a matter of fact, without the need for the consent of Parliament. Blackburn CJ added: ‘I think that the … Continue reading
Filed under Commonwealth, Constitutional
Comalco Ltd -v- Australian Broadcasting Corporation; 1983
(Supreme Court of the Australian Capital Territory) Hansard was admissible to show what had been said in the Queensland Parliament as a matter of fact, without the need for the consent of Parliament. Blackburn CJ added: ‘I think that the … Continue reading
Filed under Commonwealth, Constitutional
Broadcasting Corporation of New Zealand -v- Attorney General; 1982
(Court of Appeal of New Zealand) Woodhouse P said: ‘the principle of public access to the Courts is an essential element in our system. Nor are the reasons in the slightest degree difficult to find. The Judges speak and act … Continue reading
Filed under Commonwealth, Constitutional
Attorney-General of The Gambia -v- Momodou Jobe; PC 1984
A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction … Continue reading
Filed under Commonwealth, Constitutional
Bonnick -v- Morris, The Gleaner Company Ltd and Allen; PC 17-Jun-2002
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous.Held: The publishers were protected by Reynolds privilege. The court should give the article the natural and … Continue reading
Filed under Commonwealth, Defamation, Media
