Tag Archives: Commonwealth

Attorney General of Belize and others -v- Belize Telecom Ltd and Another; PC 18-Mar-2009

(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It … Continue reading

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Filed under Commonwealth, Company, Contract

Wai Yu-tsang -v-The Queen; PC 14-Oct-1991

(Hong Kong) The defendant was chief accountant in a bank. He caused to be made false entries to fail to reflect the dishonouring of substantial cheques. He was charged alone on an allegation of conspiracy. His defence was that he … Continue reading

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Filed under Commonwealth, Crime

Lee Ting Sang -v- Chung Chi-Keung; PC 8-Mar-1990

(Hong Kong) The Board considered the conclusion that the applicant stone mason was not an employee of the defendant: ‘even if I leaned towards the opposite conclusion, it would nevertheless be quite impossible for me to say that no tribunal … Continue reading

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Filed under Commonwealth, Employment

Regina -v- Blight; 1903

(New Zealand) The Criminal Code in force at the time, reflecting the English, included an offence of sexual intercourse with a girl under 16, to which a one month time limit applied, and also an offence of indecent assault to … Continue reading

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Filed under Commonwealth, Crime

Abigail -v- Lapin; PC 19-Jun-1934

(Australia) Mr and Mrs Lapin, the registered proprietors of land, had given transfers by way of security to creditors who fraudulently mortgaged it. The majority in the High Court had held that the unregistered security of the subsequent lender did … Continue reading

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Filed under Commonwealth, Land

Howard Smith Limited -v- Ampol Petroleum Limited; PC 1974

(New South Wales) The court considered the use by directors of their fiduciary power of allotment of shares for a different purpose than that for which it was granted, and so as to dilute the voting power of the majority … Continue reading

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Filed under Commonwealth, Company

Attorney-General of Hong Kong -v- Cheung (Wai-Bun); PC 1994

(Hong Kong) The defendant was indicted on charges of conspiracy to defraud and false accounting, the allegation being that the false accounting offences had been committed in order to conceal the conspiracy. The Crown sought to rely on the cover-up … Continue reading

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Filed under Commonwealth, Crime

New Zealand Maori Council -v- Attorney-General of New Zealand; PC 1994

The board declined to make an order for costs against the unsuccessful appellants where they were not pursuing the proceedings out of any motive of private gain, but ‘in the interests of taonga which is an important part of the … Continue reading

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Filed under Commonwealth, Costs

Security Trust Co -v- The Royal Bank of Canada; PC 1976

(Bahamas) A company, Fisher agreed to buy land with part of the purchase price to be paid by a fixed date and the balance secured by a mortgage to the vendor. A conveyance and a mortgage were duly executed and … Continue reading

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Filed under Commonwealth, Contract, Equity, Land

Kooragang Investments Pty Ltd -v- Richardson & Wrench Ltd; HL 27-Jul-1981

(New South Wales) An employee of the defendants was authorised to carry out valuations, but he negligently carried out an unauthorised private valuation.Held: In doing so he was not acting as an employee of the defendant company. The company was … Continue reading

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Filed under Commonwealth, Vicarious Liability