Category: Commonwealth

The University of Ceylon v EFW Fernando: PC 16 Feb 1960

(Ceylon) The plaintiff had complained of his suspension as a student by the appellant. The suspension had been lifted and the Inquiry leading to it had been set aside as null and void. It had been alleged that he had had advance knowledge of an exam paper. He did not know what evidence was given against him, and he was not given an oportunity to cross examine the witness.

Judges:

Viscount Simonds, Tucker, Jenkins, Morris of Borth-y-Gest LL,MD De Silva

Citations:

[1960] UKPC 6, [1960] 1 All ER 631, [1960] 1 WLR 223

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Khanum v Mid Glamorgan Area Health Authority EAT 1979
In a domestic tribunal such as that a disciplinary hearing, all that is required is that the three basic requirements of natural justice be fulfilled; namely (1) that the person should know the nature of the accusation against him or her; (2) that . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Natural Justice

Updated: 20 September 2022; Ref: scu.445344

Ibralebbe Alias Rasa Wattan Another v The Queen: PC 6 Nov 1963

Ceylon – the joint effect of the Order in Council of 1946 and the Act of 1947 was intended to and did have the result of giving to the Ceylon Parliament the full legislative powers of a sovereign independent State.

Citations:

[1964] All ER 900, [1963] UKPC 34

Links:

Bailii

Statutes:

Ceylon Independence Act 1947

Cited by:

Cited – Liyanage and others v The Queen PC 2-Dec-1965
liyanagePC196502
The defendants appealed against their convictions for conspiracy to wage war against the Queen, and to overawe by criminal force the Government of Ceylon. It was said that the description of the offence committed had been redefied after the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional

Updated: 20 September 2022; Ref: scu.445274

The Attorney-General of The Gambia v N’Jie: PC 3 May 1961

(West Africa) Lord Denning said: ‘The words ‘person aggrieved’ are of wide import and should not be subjected to a restrictive interpretation. They do not include, of course, a mere busybody who is interfering in things which do not concern him; but they do include a person who has a genuine grievance because an order has been made which prejudicially affects his interests.’

Judges:

Radcliffe, Denning and Guest LL

Citations:

[1961] UKPC 19, [1961] AC 617

Links:

Bailii

Cited by:

Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Judicial Review

Updated: 20 September 2022; Ref: scu.445304

John De Freitas v The Queen: PC 10 Jul 1961

(West Indies)

Citations:

[1961] UKPC 33

Links:

Bailii

Citing:

Appeal from – John De Freitas v The Queen 1960
(West Indian Federal Supreme Court) If the prosecution have shown that the defendant’s actions were not done in self defence, then that issue is eliminated from the case. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445318

Chien Sing-Shou v The Building Authority: PC 12 Jun 1967

(Hong Kong) The Board considered the Hong Kong Architects’ Disciplinary Board which, by section 5 of the Buildings Ordinance 1955, comprised five members: three architects, the Building Authority or his representative, and ‘a legal adviser’. The appellant contended that any advice on matters of law by the legal adviser should have been given in the presence of the parties; and a failure to follow such a procedure was a breach of common law natural justice.
Held: Since the legal adviser was a full member of the board, if, during the deliberation of the board, he gave legal advice to the other members of the board on matters relating to the proceedings, then he stood in the same position as one of the architect members who gave a view on some matter of architectural opinion. In neither case was the member required to disclose to the parties the advice or opinion he had given in the private deliberations; unless, for example, some new point of law arose during the course of the deliberations, in respect of which it would be procedurally unfair to proceed without giving the parties an opportunity to comment.
Lord Morris of Borth-y-Gest, giving the judgment of the Privy Council, emphasised that: ‘At all times, however, the legal adviser occupies the position of being a full member of a body charged with the duty of acting judicially in making due enquiry.’

Judges:

Lord Morris of Borth-y-Gest

Citations:

[1967] UKPC 17, [1967] 1 WLR 1155, [1967] 2 All ER 1228

Links:

Bailii

Cited by:

Cited – The British Medical Association, Regina (on the Application of) v The General Medical Council and Another Admn 4-May-2016
The BMA sought to challenge the validity of the rules governing the procedure of Fitness to Practice panels. In particular the BMA challenged the new absence of a requirement that the panel’s legal advice and assistance be available to the parties. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Natural Justice

Updated: 20 September 2022; Ref: scu.445074

The Mayor and Corporation of Port Louis v The Honourable Attorney General of Mauritiuis: PC 27 Apr 1965

Meaningful public participation in a decision-making process, in a context with which the general public cannot be expected to be familiar, requires that the consultees should be provided not only with information about the draft scheme, but also with an outline of the realistic alternatives, and an indication of the main reasons for the authority’s adoption of the draft scheme.

Citations:

[1965] UKPC 17, [1965] AC 1111

Links:

Bailii

Cited by:

Cited – Moseley, Regina (on The Application of) v London Borough of Haringey SC 29-Oct-2014
Consultation requirements
The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate.
Held: The consultation was . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Administrative

Updated: 20 September 2022; Ref: scu.445132

Pathirana v Pathirana: PC 28 Jun 1966

A partnership between the parties had held a contract for the exclusive supply of a foreign company’s goods in Ceylon. One of the partners cancelled the partnership’s contract and took a new contract in his name alone. This contract was said to be personal to that partner.
Held: The Privy Council advised that this new contract was to be treated as partnership property, since it arose out of the substantial goodwill which the partnership had generated.
After termination, one partner carries on the partnership business using the capital of the other, that partner is liable to account to the partnership.

Judges:

Guest, Pearce, Upjohn, Pearson LL, Sir Frederic Sellers

Citations:

[1967] 1 AC 233, [1966] 3 WLR 666, [1966] UKPC 14

Links:

Bailii

Commonwealth, Company, Trusts

Updated: 20 September 2022; Ref: scu.445099

Tak Ming Company Limited v Yee Sang Metal Supplies Company: PC 5 Oct 1971

Judges:

Lord Pearson

Citations:

[1971] UKPC 28

Links:

Bailii

Cited by:

See Also – Tak Ming Company Limited v Yee Sang Metal Supplies Company (Hong Kong) PC 11-Dec-1972
(Hong Kong) At trial, the successful party had omitted to ask the court to award interest. Despite some delay, the court had acceded to the request to amend the order under the slip rule to add an appropriate award. The paying party appealed.
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice

Updated: 20 September 2022; Ref: scu.444473

KLB v British Columbia: 2 Oct 2003

Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government negligent – Whether government vicariously liable for torts of foster parents – Whether government liable for breach of non-delegable duty – Whether government liable for breach of fiduciary duty.
Limitation of actions – Torts – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether tort actions barred by Limitation Act – Limitation Act, R.S.B.C. 1996, c. 266, ss. 3(2), 7(1)(a)(i).
Torts – Damages – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Proper basis for assessing damages for child abuse by parent or foster parent.
The court considered the difficulty of setting down a unifying principle of the idea of a non-delegable duty: ‘It may be that there is no single common law concept of non-delegable duty. Instead, the phrase seems to have been used to describe a number of situations in which special, non-delegable duties arise. If this is correct, then rather than seeking to state the doctrine in terms of a single principle, we should look to the different situations in which such duties have been found – an approach consonant with the traditional methods of the common law. In Lewis (Guardian ad litem of) v. British Columbia, 1997 CanLII 304 (SCC), [1997] 3 S.C.R. 1145, at para. 20, Cory J. suggested that these different situations comprise a ‘spectrum of liability’, and that ‘[w]ithin that spectrum there are a variety of legal obligations which may, depending on the circumstances, lead to a principal’s liability for the negligence of an independent contractor.’

Judges:

McLachlin CJ and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ

Citations:

[2003] SCC 51, [2003] SCJ No 51, [2003] 2 SCR 403

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Woodland v The Swimming Teachers’ Association and Others QBD 17-Oct-2011
The court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children . .
Cited – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
Cited – Armes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Negligence

Updated: 19 September 2022; Ref: scu.445627

Tak Ming Company Limited v Yee Sang Metal Supplies Company (Hong Kong): PC 11 Dec 1972

(Hong Kong) At trial, the successful party had omitted to ask the court to award interest. Despite some delay, the court had acceded to the request to amend the order under the slip rule to add an appropriate award. The paying party appealed.
Held: The appeal failed. The inherent discretion to amend an order under the so called ‘slip rule’ should be used cautiously to encourage diligence by a party’s legal representatives and to give effect to the overarching public interest in the finality of litigation. Nevertheless, the rule authorises the court to make an order which it failed to make as a result of the accidental omission of counsel to ask for it. The slip rule may be invoked irrespective of whether the order has been drawn up, passed and entered.
Undue delay is not itself a ground for refusing to correct a judgment under the ‘slip rule’, at any rate where the delay has not caused the opposite party to omit to take or to take any step which he otherwise would have taken or refrained from taking

Judges:

Lord Wilberforce, Viscount Dilhorne, Lord Pearson

Citations:

[1972] UKPC 23, [1973] 1 All ER 569, [1973] 1 WLR 300

Links:

Bailii

Citing:

Applied – Re Inchcape 1942
The court had been called upon to decide the domicile of Lord Inchcape at the date of his death. Counsel then asked for the costs of all parties to be paid by the estate. However, costs had been incurred before the issue of proceedings and these . .
See Also – Tak Ming Company Limited v Yee Sang Metal Supplies Company PC 5-Oct-1971
. .
Lists of cited by and citing cases may be incomplete.

Commonwealth

Updated: 19 September 2022; Ref: scu.444440

Falkiner and Another v The Commissioner of Stamp Duties: PC 7 Nov 1972

New South Wales – The settlor had made a settlement on 4 October 1961 and died 11 days later. The ultimate trust was in favour of ‘the next of kin of the settlor as determined by the provisions now in force of the Wills, Probate and Administration Act 1898-1954 of the State of New South Wales’. There was a claim for death duties on the settled property, and one of the issues was whether the clause contained ‘a trust . . . to take effect after [the deceased person’s] death’ within section 102(2)(a) of the Stamp Duties Act 1920-1959.
Held: The next of kin were to be determined at the settlor’s death, not at the date of the settlement, and death duties were payable accordingly.

Judges:

Reid, Morris of Borth-y-Gest, Dilhorne, Simon of Glaisdale LL, Sir Richard Wild

Citations:

[1972] UKPC 21, [1973] AC 565, [1973] STC 85, [1973] 1 All ER 598, [1972] TR 297, [1973] 2 WLR 334

Links:

Bailii

Cited by:

Cited – Re Erskine 1948 Trust ChD 29-Mar-2012
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Wills and Probate, Trusts

Updated: 19 September 2022; Ref: scu.444438

Arthur Francis v The Chief of Police: PC 5 Feb 1973

(St. Christopher and Nevis and Anguilla) The appellant had spoken at a public meeting using a microphone without first obtaining the required license. The meeting itself ha already been approved. He complained that his arrest under the law had been unconstitutional. The magistrate referred for the determination of the High Court the question whether section 5 of the Public Meetings and Processions Act 1969 offended against section 10 of the Constitution. The High Court held that section 5 of the Act did not infringe the fundamental rights and freedoms guaranteed by section 10 of the Constitution and their decision was affirmed by the Court of Appeal.
Held: , Dismissing the appeal, the control of loudspeakers at public meetings by section 5 of the Act of 1969 was not contrary to section 10 of the Constitution, for public order required that the public, who did not wish to hear the speaker, be protected from any excessive noise. Per curiam. A wrongful refusal of permission to use a loudspeaker at a public meeting (for instance if the refusal is inspired by political partiality) would be an unjustified and therefore unconstitutional interference with freedom of communication.

Citations:

[1973] UKPC 4, [1974] Crim LR 50, [1973] 2 WLR 505, [1973] AC 761, [1973] 2 All ER 251

Links:

Bailii

Commonwealth, Crime, Constitutional

Updated: 19 September 2022; Ref: scu.444390

Cudgen Rutile (No.2) Pty Ltd and Another v Gordon William Wesley Chalk (And Consolidated Appeals): PC 13 Nov 1974

(Queensland) As a matter of general principle, the courts are readier in modern times to find a contract ‘even though apparent certainty may be lacking as regards some term such as the price, provided that some means or standard by which that term can be fixed can be found

Citations:

[1974] UKPC 30, [1975] AC 520

Links:

Bailii

Commonwealth, Contract

Updated: 19 September 2022; Ref: scu.444368

Western Stores Limited v The Council of The City of Orange: PC 5 Feb 1973

New South Wales – Where a public authority has exercised a power dependent on its prior formation of an opinion which was open on the facts before the authority, it is to be presumed, in default of reason to the contrary, that the requisite opinion was formed and the power was properly exercised.

Judges:

Lord Wilberforce, Viscount Dilhorne, Lord Pearson, Lord Kilbrandon, Lord Salmon

Citations:

[1973] UKPC 5, [1973] AC 774, [1973] 2 WLR 727

Links:

Bailii

Commonwealth, Rating, Local Government

Updated: 19 September 2022; Ref: scu.444392

The Commissioner of Stamp Duties v Bone and Others: PC 5 Apr 1976

(Australia) A debt can only be released and extinguished by an agreement for valuable consideration or an instrument of release under seal. Where a testator or testratrix appoints a debtor as executor under a will any cause of action against the debtor is extinguished because an executor cannot sue himself.

Judges:

Lord Wilberforce, Viscount Dilhorne, Lord Cross of Chelsea, Lord Fraser of Tullybelton, Lord Russell of Killowen

Citations:

[1976] TR 117, [1976] 2 All ER 354, [1977] AC 511, [1976] UKPC 11, [1976] 2 WLR 968, [1976] STC 145

Links:

Bailii

Citing:

Cited – Sibthorp v Moxton 10-Nov-1747
A woman by will forgives a bond-debt to her son-in-law, and desires her executor to deliver up the bond to be cancelled ; this held not to be lapsed by his dying before the testatrix. . .
Cited – The Attorney General v John Hollingworth 30-May-1857
By agreemerit made in 1794, 80001. stock was transferred by O. to H, upon the terms that H should repay the money produced by the sale of it or replace the stock at the option of O, and in the mean time pay interest at the rate of 5 per cent., the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Wills and Probate

Updated: 19 September 2022; Ref: scu.444267

South East Asia Fire Bricks Sdn. Bhd v Non-Metalic Mineral Products Manufacturing Employees Union and Others: PC 24 Jun 1980

Malaysia – A subject’s right of recourse to the courts is not to be taken away except by clear words. Where a statute provides that a decision is ‘final’, it is ordinarily taken to preclude a right of appeal except in cases where the tribunal has acted without jurisdiction or otherwise such that its decision is a nullity.
Lord Fraser of Tullybelton said: ‘[T]he final words ‘quashed or called in question in any court of law’ seemed to their Lordships to be clearly directed to certiorari. ‘Quashed’ is the word ordinarily used to describe the result of an order of certiorari, and it is not commonly used in connection with other forms of procedure (except in the quite different sense of quashing a sentence after conviction on a criminal charge). If ‘quashed’ were for some reason not enough, the expression ‘called in question in any court of law’ is in their Lordships opinion amply wide enough to include certiorari procedure.’

Judges:

Lord Fraser of Tullybelton

Citations:

[1980] UKPC 21, [1980] 3 WLR 318, [1980] 2 All ER 689, [1981] AC 363

Links:

Bailii

Commonwealth, Constitutional

Updated: 19 September 2022; Ref: scu.444006

Port Jackson Stevedoring Pty. Limited v Salmond and Spraggon (Australia) Pty. Limited: PC 10 Jul 1980

(Australia) Lord Wilbeforce said: ‘A breach of a repudiatory character . . entitles the innocent party, unless he waives the breach, to claim to be released from further performance of his obligations under the contract. So far their Lordships of course agree. One of these obligations, counsel proceeded to argue, was to bring any action on the breach within a period of one year, and the innocent party was released from his obligations. An alternative way of putting it was that the bringing of suit within a year was a condition with which the innocent party was obliged to comply; the repudiatory breach discharged this condition.
Their Lordships’ opinion on these arguments is clear. However adroitly presented, they are unsound, and indeed unreal.
Moreover it is quite unreal to equate this [limitation clause] with those provisions in the contract which relate to performance. It is a clause which comes into operation when contractual performance has become impossible, or has been given up; then, it regulates the manner in which liability for breach of contract is to be established. In this respect their Lordships found it relevantly indistinguishable from an arbitration clause, or a forum clause, which, on clear authority, survive a repudiatory breach. . . Counsel for the consignee appealed for support to some observations by Lord Diplock in Photo Production Ltd v Securicor Transport Ltd [1980] 1 All ER 556 at 566-567, [1980] 2 WLR 283, 294-295, where reference is made to putting an end ‘to all primary obligations . . remaining unperformed’. But these words were never intended to cover such ‘obligations’ . . as arise when primary obligations have been put an end to. There then arise, on his Lordship’s analysis, secondary obligations which include an obligation to pay monetary compensation. Whether these have been modified by agreement is a matter of construction of the contract. The analysis, indeed, so far from supporting the consignee’s argument, is directly opposed to it. Their Lordships are of the opinion that, on construction and analysis, [the limitation provision] plainly operates to exclude.’

Judges:

Lord Wilberforce

Citations:

[1981] 1 WLR 138, [1980] UKPC 23, [1980] 3 All ER 257, [1980] 2 Lloyd’s Rep 317

Links:

Bailii

Commonwealth, Contract, Limitation

Updated: 19 September 2022; Ref: scu.444009

Sharon Investments Ltd v Mauritius Revenue Authority: PC 12 Sep 2011

(Supreme Court of Mauritius) The appellant challenged a refusal of the court to order a copy of the record of the proceedings at the tribunal stage should be made available to the parties for the appeal.
Held: The appeal was dismissed.

Judges:

Lord Phillips, Lord Brown, Lord Mance, Lord Wilson, Sir Stephen Sedley

Citations:

[2011] UKPC 34

Links:

Bailii

Commonwealth, Litigation Practice

Updated: 19 September 2022; Ref: scu.443858