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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Commonwealth - From: 1993 To: 1993

This page lists 64 cases, and was prepared on 20 May 2019.

 
Red Sea Insurance Co Ltd v Bouygues SA and Others [1993] 2 HKLR 161
1993

Sir Derek Cons VP
Commonwealth
Hong Kong
1 Cites

1 Citers


 
Connell v Odlum [1993] 2 NZLR 257
1993

Thomas J
Commonwealth, Legal Professions
(New Zealand Court of Appeal) The agreement settling their ancillary affairs was found to be invalid after the wife's solicitors had failed properly to explain its effect to her. The husband sued her solicitor in negligence. The solicitor applied to have the claim struck out on the basis that he owed no duty of care to the husband in advising the wife. He did not succeed before the High Court and appealed. Held: The husband had an arguable claim against the solicitor, so that the application to strike out was properly declined. The solicitor had in effect stepped outside his role as his client’s solicitor and accepted with the act of certification a direct responsibility to the other party to the agreement. Once a solicitor has assumed the obligation under the New Zealand statute to certify its requirements have been met, he or she has "undertaken a duty which is ‘separate and different’ from their professional duty to their client and one which they must contemplate will be relied upon by the other party to the agreement."
1 Citers


 
Hodak v Newman and Hodak (1993) 17 Fam LR 1; [1993] FamCA 83; (1993) FLC 92-421
1993

Lindenmayer J
Children, Commonwealth
(Family Court of Australia) Lindenburgh J said: "I am of the opinion that the fact of parenthood is to be regarded as an important and significant factor in considering which proposals better advance the welfare of the child. Such fact does not, however, establish a presumption in favour of the natural parent, nor generate a preferential position in favour of the natural parent from which the Court commences its decision-making process . . Each case should be determined upon an examination of its own merits and of the individuals there involved."
1 Citers

[ Austlii ]

 
 Anderson v Blashki; 1993 - [1993] 2 VR 89
 
Nilabati Behera v State of Orissa (1993) 2 SCC 746
1993

Anand J
Commonwealth, Prisons
The state owes a particular duty to those involuntarily in its custody. "There is a great responsibility on the police or prison authorities to ensure that the citizen in its custody is not deprived of his right to life".
1 Citers



 
 Attorney General of Hong Kong v Lee Kwong-Kut; PC 1993 - [1993] AC 951
 
Sunday Workers (Represented By The Antigua Workers Union) v The Antigua Hotel and Tourist Association Co (Barbuda) [1993] UKPC 1
1 Feb 1993
PC

Commonwealth

[ Bailii ]
 
Emile Elias and Co Ltd v Pine Groves Ltd Co [1993] UKPC 4
9 Feb 1993
PC

Commonwealth
Trinidad and Tobago
[ Bailii ]
 
Evans v John Fairfax Group Pty Ltd [1993] ACTSC 7
12 Feb 1993

Higgins J
Commonwealth, Defamation
(Supreme Court of the Australian Capital Territory) It was not defamatory to say of a career civil servant that his career had been aided by patronage of senior politicians, since it did not impute any active or improper seeking of favours on the plaintiff's part: The question is, however, whether to say of a person that he has been the beneficiary of such a system, with the capacity to be used to favour the less well qualified candidates, defames the candidate . . In Renouf [(1977) 17 ACTR 35] (supra), Blackburn CJ accepted that it was defamatory of a senior public servant . . 'to say that he publicly demonstrated his sympathy with a political party with a view to receiving a higher appointment from the Government formed by that party'. . That imputation was accepted as defamatory by reason of the implication that the plaintiff had attempted to openly demonstrate his political acceptability to the Government. That allegation assumed, of course, that the Government in question made such appointments on the ground of political acceptability . . In the present case, the article depicts the plaintiff as a favoured recipient of preferment. It is not suggested he improperly sought it, as was the defamatory allegation in Fairbairn v John Fairfax & Sons Ltd (1977) 21 ACTR 1 . . The article did not over-state the role of the Prime Minister in the plaintiff's career advancement, but it did not impute any unfair or improper conuct to him nor suggest he did not merit such advancement. It did not convey the imputation pleaded. That would require the article to assert that the plaintiff's qualifications and experience were less important than the favour of the Pdrime Minister. It clearly does not do that."
1 Citers

[ Austlii ]
 
Geoffrey Phillip Adams V. The General Medical Council Co (The Health Committee of The General Medical Council) [1993] UKPC 5
22 Feb 1993
PC

Commonwealth

[ Bailii ]
 
Barry George Hadlee And, Sydney Bridge Nominees Ltd V. The Commissioner of Inland Revenue Co (New Zealand) [1993] UKPC 8
1 Mar 1993
PC

Commonwealth

[ Bailii ]
 
Take Harvest Ltd v George H. Liu And, Susan Parker Liu Co (Hong Kong) [1993] UKPC 9
9 Mar 1993
PC

Commonwealth

[ Bailii ]
 
Chinien and Others v the State Gazette, 17 March 1993
17 Mar 1993
PC

Criminal Practice, Commonwealth
Need to concentrate on substantive law not procedure (Mauritian codes).

 
James N. Thompson V. Paul A. Corroon And, Lief Corroon Co (Barbuda) [1993] UKPC 10
17 Mar 1993
PC

Commonwealth

[ Bailii ]
 
Stevens v Head [1993] HCA 19; (1993) 112 ALR 7; [1993] Aust Torts Reports 81-203; (1993) 17 MVR 1; (1993) 67 ALJR 343; [1993] 176 CLR 433
18 Mar 1993

Mason CJ, Brennan, Deane, Dawson, Toohey, Gudron, McHugh JJ
Commonwealth, Jurisdiction
(High Court of Australia) The court considered a claim for damages arising out of a motor accident in New South Wales, where the claim had been brought in the courts of Queensland. The questions arose as to whether or not a provision in the Motor Accidents Act 1988 of New South Wales which limited the amount of damages which could be recovered in respect of non-economic loss was a substantive rule to be applied as part of the lex causae. Held: In relation to questions of the quantification of damage, anything beyond the ascertainment of the heads of liability is a procedural question, and thus referring to a New South Wales statute: "section 79 is plainly a provision which affects the measure of damages but does not touch the heads of liability in respect of which damages might be awarded. It is simply a law relating to the quantification of damages and that, as we have seen, is a matter governed solely by the lex fori."
Mason CJ: "The law relating to damages is partly procedural and partly substantive. According to the traditional application of the substance-procedure distinction, the question whether legislative provisions dealing with awards of damages are substantive or procedural has been approached by asking whether the provisions affect the character of the wrong actionable or go only to the measure of compensation. This approach is consistent with the equation traditionally drawn between matters of procedure and matters relating to remedies."
1 Cites

1 Citers

[ Austlii ]
 
John Franklyn And, Ian Vincent V. The Queen (Jamaica) [1993] UKPC 11
22 Mar 1993
PC

Commonwealth

[ Bailii ]
 
AMCHEM Products Incorporated v British Columbia (Workers' Compensation Board) [1993] 1 SCR 897; (1993) 102 DLR (4th) 96; [1993] 3 WWR 441; 77 BCLR (2d) 62; 150 NR 321; 23 BCAC 1; [1993] CarswellBC 47; JE 93-674
24 Mar 1993

La Forest, Sopinka, Gonthier, Cory and McLachlin JJ
Commonwealth, Jurisdiction, Contract, International
Supreme Court of Canada - Courts - Appropriate forum - Action commenced in U.S. courts - Plaintiffs largely resident in Canada - Most of corporate defendants with some connection with state where action brought - Anti-suit injunction sought in Canadian courts to prevent action in U.S. courts - Principles governing the determination of appropriate forum and governing comity between courts - Whether or not an injunction appropriate.
Prerogative writs - Injunctions - Appropriate forum for bringing action - Action commenced in U.S. courts - Plaintiffs largely resident in Canada - Most of corporate defendants with some connection with state where action brought - Anti-suit injunction sought in Canadian courts to prevent action in U.S. courts - Whether or not an injunction appropriate.
Conflict of laws - Courts - Action commenced in U.S. courts - Plaintiffs largely resident in Canada - Most of corporate defendants with some connection with state where action brought - Anti-suit injunction sought in Canadian courts to prevent action in U.S. courts - Principles governing the determination of appropriate forum and governing comity between courts - Whether or not an injunction appropriate.
Sopinka J discussed the importance of comity considerations in anti-suit injunction applications and held: "the domestic court as a matter of comity must take cognisance of the fact that the foreign court has assumed jurisdiction. If, applying the principles relating to forum non conveniens . . the foreign court could reasonably have concluded that there was no alternative forum that was clearly More appropriate, the domestic court should respect that decision and the application [for an anti-suit injunction] should be dismissed."
1 Citers

[ Canlii ]
 
Wayne Watt V. The Queen Co (Jamaica) [1993] UKPC 12
25 Mar 1993
PC

Commonwealth

[ Bailii ]
 
Byfield Mears V. The Queen Co (Jamaica) [1993] UKPC 13
25 Mar 1993
PC

Commonwealth

[ Bailii ]
 
The Attorney General of Hong Kong V. Charles Cheung Wai-Bun Co (Hong Kong) [1993] UKPC 14
29 Mar 1993
PC

Commonwealth

[ Bailii ]
 
Spruce v The University of Hong Kong Co (Hong Kong) [1993] UKPC 15
30 Mar 1993
PC

Commonwealth

[ Bailii ]
 
Beckford, Birch and, Shaw v The Queen [1993] UKPC 16
1 Apr 1993
PC

Commonwealth
(Jamaica)
1 Citers

[ Bailii ]
 
Take Harvest Ltd v Liu and Another Ind Summary, 12 April 1993; Gazette, 21 April 1993; [1993] AC 552
12 Apr 1993
PC

Landlord and Tenant, Commonwealth, Estoppel
An oral agreement to surrender a lease of less than three years might not defeat a rent arrears claim under an estoppel.
1 Citers


 
Ashwood, Gruber and, Williams v The Queen [1993] UKPC 18
29 Apr 1993
PC

Commonwealth
(Jamaica) Appeals from convictions for murder
[ Bailii ]
 
Hall v Hebert [1993] 2 SCR 159; (1993) 101 DLR (4th) 129; 1993 CanLII 141
29 Apr 1993

McLachlin J
Commonwealth, Torts - Other
(Canadian Supreme Court) After they had been drinking heavily together, Mr Hebert, who owned a car, allowed Mr Hall to drive it, including initially to give it a rolling start down a road on one side of which there was a steep slope. The car careered down the slope and Mr Hall was seriously injured. Held: The illegality of his driving did not bar his claim against Mr Hebert but that he was contributorily negligent as to 50%.
McLachlin J discussed the need for a consistent and defensible principle for the operation of the doctrine ex turpi causa: "a need in the law of tort for a principle which permits judges to deny recovery to a plaintiff on the ground that to do so would undermine the integrity of the justice system. The power is a limited one. Its use is justified where allowing the plaintiff's claim would introduce inconsistency into the fabric of the law, either by permitting the plaintiff to profit from an illegal or wrongful act, or to evade a penalty prescribed by criminal law. Its use is not justified where the plaintiff's claim is merely for compensation for personal injuries sustained as a consequence of the negligence of the defendant." He explained the principle, saying that: "to allow recovery in these cases would be to allow recovery for what is illegal. It would put the courts in the position of saying that the same conduct is both legal, in the sense of being capable of rectification by the court, and illegal. It would, in short, introduce an inconsistency in the law. It is particularly important in this context that we bear in mind that the law must aspire to be a unified institution, the parts of which - contract, tort, the criminal law - must be in essential harmony. For the courts to punish conduct with the one hand while rewarding it with the other, would be to 'create an intolerable fissure in the law's conceptually seamless web': Weinrib - "Illegality as a Tort Defence" (1976) 26 U.T.L.J. 28 at p. 42. We thus see that the concern, put at its most fundamental, is with the integrity of the legal system."
1 Citers

[ Canlii ]
 
Hadlee and Another v Commissioner of Inland Revenue (New Zealand) Gazette, 05 May 1993
5 May 1993
PC

Income Tax, Commonwealth
A taxpayer was still liable to tax on his share of income of partnership even though it had been assigned.

 
Barbuda Enterprises Ltd v The Attorney General of Antigua and Barbuda Co [1993] UKPC 19
12 May 1993
PC

Commonwealth
Antigua and Barbuda
[ Bailii ]
 
The Attorney General of Hong Kong v Lee Kwong-Kut and The Attorney General of Hong Kong V. Lo Chak-Man And, Tsoi SauNgai (Hong Kong) [1993] UKPC 20
19 May 1993
PC

Commonwealth

[ Bailii ]
 
Duncan Lindsay Mcmillan V. The General Medical Council Co (The General Medical Council) [1993] UKPC 21
24 May 1993
PC

Commonwealth

[ Bailii ]
 
Eagle Star Insurance Co Ltd v Provincial Insurance Plc Times, 09 June 1993; [1994] 1 AC 130; [1993] UKPC 22
24 May 1993
PC
Lord Woolf
Insurance, Commonwealth
Two insurance companies were liable to contribute equally to an amount payable to a third party. The doctrine of contribution could be modified by contract and the matter should be considered by reference to the parties' contractual liabilities.
1 Cites

1 Citers

[ Bailii ]
 
Chan Lau Fong and 12 Others v The Attorney of Hong Kong Co (Hong Kong) [1993] UKPC 23
25 May 1993
PC

Commonwealth

[ Bailii ]
 
Deloitte Haskins and Sells V. National Mutual Nominees Ltd Co (New Zealand) [1993] UKPC 24
10 Jun 1993
PC

Commonwealth

[ Bailii ]

 
 Michael Beckford, Junior Birch And, Joel Shaw v. The Queen Co; PC 22-Jun-1993 - [1993] UKPC 25
 
Vincent v The Queen; Franklyn v the Queen Gazette, 30 June 1993; [1993] 1 WLR 862
30 Jun 1993
PC
Lord Woolf
Criminal Practice, Commonwealth, Constitutional
Jamaica- prosecution must provide copies of statements to defence. The provisions of section 20(1) and (6) of the Jamaican Constitution "do no more than codify in writing the requirements of the common law which ensure that an accused person receives a fair trial".
1 Citers



 
 Queen v Beckford and Another; PC 30-Jun-1993 - Times, 30 June 1993; (1993) 97 Cr App R 409
 
Compagnie Sucriere De Bel Ombre Limitee V. Raymond Moorghen Co (Mauritius) [1993] UKPC 26
5 Jul 1993
PC

Commonwealth

[ Bailii ]
 
Police V. Rajandah Coomar Kristnamah Co (Mauritius) [1993] UKPC 27
12 Jul 1993
PC

Commonwealth

[ Bailii ]
 
Sundry Workers (Antigua Workers Union) v Antigua Hotel and Tourist Association Gazette, 14 July 1993
14 Jul 1993
PC

Litigation Practice, Commonwealth
The Privy Council has jurisdiction to hear appeal from Antiguan Court of Appeal.

 
Robert D. Honiball And, George A. Brown V. Christian Alele Co (Jamaica) [1993] UKPC 28
26 Jul 1993
PC

Commonwealth

[ Bailii ]
 
Farquharson v The Queen [1993] UKPC 29
26 Jul 1993
PC

Commonwealth
Jamaica
[ Bailii ]
 
Dr. Subhash Chandra Malliwal v General Medical Council Co (The Health Committee of The General Medical Council) [1993] UKPC 31
27 Jul 1993
PC

Commonwealth

[ Bailii ]
 
Radhakrishnan V. The State Co (Mauritius) [1993] UKPC 30
27 Jul 1993
PC

Commonwealth

[ Bailii ]
 
Kunnath v the State Times, 30 July 1993; Gazette, 13 October 1993
30 Jul 1993
PC

Criminal Practice, Human Rights, Commonwealth
The requirement that a trial must take place in the presence of the defendant is not limited to physical presence, but also requires a defendant to have available as necessary adequate interpretation. Unless he understood what was going on, he could not be said to have had a fair trial. It is the judge's duty to ensure effective use of an interpreter. The defendant had made it clear that he had not understood the proceedings, but the Judge had continued. The conviction was quashed.

 
Wilbert Daley V. The Queen Co (Jamaica) [1993] UKPC 32
18 Aug 1993
PC

Commonwealth

[ Bailii ]
 
Deloitte Haskins and Sells v National Mutual Life Nominees Ltd Gazette, 01 September 1993; [1993] 2 All ER 1015
1 Sep 1993
PC

Negligence, Commonwealth
(New Zealand) Auditors to trustees had no duty of care to trustees for depositors. Comon law imposed no duty above the statutory duty of an auditor. He had a duty tp report when he actually formed th eopinion that a company was insovent. The test was not when a prudent auditor would have reached this conclusion.

 
Rice v Miller [1993] FamCA 87; (1993) FLC 92-415
10 Sep 1993

Ellis, Lindemayer, Bell JJ
Children, Commonwealth
(Family Court of Australia) Whilst there is a legislative presumption regarding equal shared parental responsibility between parents there is no presumption in favour of parents (jointly or severally) as regards the placement of children nor a presumption in favour of a parent as regards their relationship with a child (such as by spending time or communicating with them) and whether judiciable controversy arises between parents or as regards a parent and a non-parent.
1 Cites

1 Citers

[ Austlii ]
 
Rodriguez v Attorney General of Canada [1993] 7 WWR 641; [1993] 3 SCR 519; (1993) 24 CR (4th) 281; (1993) 82 BCLR (2d) 273; (1993) 85 CCC (3d) 15; (1993) 17 CRR (2d) 193; [1994] 2 LRC 136; (1993) 107 DLR (4th) 342
30 Sep 1993


Commonwealth
Canlii (Supreme Court of Canada) Constitutional law - Charter of Rights - Life, liberty and security of the person - Fundamental justice - Terminally ill patient seeking assistance to commit suicide - Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 7 of Canadian Charter of Rights and Freedoms - If so, whether infringement justifiable under s. 1 of Charter - Remedies available if Charter infringed - Criminal Code, R.S.C., 1985, c. C 46, s. 241(b).
Constitutional law - Charter of Rights - Equality rights - Discrimination on basis of physical disability - Terminally ill patient seeking assistance to commit suicide - Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 15(1) of Canadian Charter of Rights and Freedoms - If so, whether infringement justifiable under s. 1 of Charter - Remedies available if Charter infringed - Criminal Code, R.S.C., 1985, c. 46, s. 241(b).
Constitutional law - Charter of Rights - Cruel and unusual punishment - Terminally ill patient seeking assistance to commit suicide - Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 12 of Canadian Charter of Rights and Freedoms - If so, whether infringement justifiable under s. 1 of Charter - Remedies available if Charter infringed - Criminal Code, R.S.C., 1985, c. C-46, s. 241(b).
Canadian Charter of Rights and Freedoms 7
1 Citers

[ Canlii ]

 
 Clark Boyce v Mouat; PC 4-Oct-1993 - Independent, 12 October 1993; Times, 07 October 1993; Gazette, 03 November 1993; [1994] 1 AC 428; [1993] UKPC 34
 
The Commissioner of Police V. Skip Patrick Davis And, Barry Franklyn Co (The Bahamas) [1993] UKPC 33
4 Oct 1993
PC

Commonwealth

[ Bailii ]
 
Daley v The Queen Times, 12 October 1993
12 Oct 1993
PC

Criminal Practice, Commonwealth
A judge had a duty to withdraw an unclear case from the jury with or without representations from the Defendant.


 
 The Attorney General of Hong Kong v Reid and Reid And Marc Molloy Co; PC 1-Nov-1993 - [1993] UKPC 36; [1994] 1 All ER 1; [1994] AC 324; [1993] 3 WLR 1143

 
 Pratt and Morgan v The Attorney General for Jamaica and Another; PC 2-Nov-1993 - Independent, 03 November 1993; Gazette, 19 January 1994; Times, 04 November 1993; [1993] UKPC 1; [1994] 2 AC 1; Appeal No 10 of 1993; [1993] UKPC 37
 
Walker and Richards v The Queen; Douglas v The Queen [1993] UKPC 38
2 Nov 1993
PC

Commonwealth
(Jamaica)
[ Bailii ]
 
Commissioner of Police v David and Another (Bahamas) Gazette, 03 November 1993
3 Nov 1993
PC

Criminal Sentencing, Commonwealth
Powers of sentencing for summary courts (life for drug supply) were excessive.

 
Walker and Another v Regina; Douglas v The Same; Glanville v Same Times, 04 November 1993; Gazette, 19 January 1994; Independent, 11 November 1993; [1994] 2 AC 36
4 Nov 1993
PC

Criminal Practice, Human Rights, Commonwealth, Constitutional
The Privy Council lacked jurisdiction to hear appeals against sentence on ground of delay, and until all domestic remedies have been exhausted.
1 Citers


 
Amrit Rajkomar and Others V. Robert Scheiber Co (Mauritius) [1993] UKPC 39
4 Nov 1993
PC

Commonwealth

[ Bailii ]
 
Noraini Bte Haji Mohd Tara, Mej (B) Karim Bin Sapar, Tanco Marine Technology Sdn Bhd And, Tan Kee Tai Co [1993] UKPC 41
15 Nov 1993
PC

Commonwealth
(Brunei)
[ Bailii ]
 
Ryde Holdings Ltd V. Rainbow Corp Ltd Co (New Zealand) [1993] UKPC 40
15 Nov 1993
PC

Commonwealth

[ Bailii ]
 
Citibank N.A. V. Stafford Mall Ltd Co (New Zealand) [1993] UKPC 42
16 Nov 1993
PC

Commonwealth

[ Bailii ]
 
Attorney General for Hong Kong v Reid and Others Gazette, 26 January 1994; Independent, 24 November 1993; Times, 12 November 1993; [1994] 1 AC 324; [1993] UKPC 2
24 Nov 1993
PC
Lord Templeman
Equity, Trusts, Commonwealth
Bribes were taken by an employee, a crown prosecutor in Hong Kong, in a fraud on his employer. He then invested the proceeds in the purchase of property in New Zealand. The property had increased in value. The employer sought repayment of the bribes received from the properties purchased. Held: The employer had a proprietary interest both in the bribe and in the asset substituted for it. Thus the property belonged in equity to the employer. The first stage in the analysis was the decision that the bribe itself was trust property. The second stage in the analysis was simply the application of the process of tracing the value of the bribe into the asset that had been substituted for it. A fiduciary office holder who accepted a bribe holds both the original sum, and any increase in its value, on a constructive trust for the person to whom he owed that fiduciary duty. Bribery is an evil practice which threatens the foundations of any civilised society. It corrupts not only the recipient but the giver of the bribe. "property acquired by a trustee innocently but in breach of trust and the property from time to time representing the same belong in equity to the cestui que trust and not to the trustee personally":
1 Cites

1 Citers

[ Bailii ]
 
Dr. Marta Stefan V. The General Medical Council Co (The Health Committee of The General Medical Council) [1993] UKPC 45
9 Dec 1993
PC

Commonwealth

[ Bailii ]
 
Siu Yin Kwan (Administratrix of The Estate of Chan Ying Lung Deceased) And, Wang Chang Seu Ying (Administratrix of The Estate of Sae Heng Hai, Alias Wang Poa Tsing Deceased) V. Eastern Insurance Co Ltd Co (Hong Kong) [1993] UKPC 43
9 Dec 1993
PC

Commonwealth

[ Bailii ]
 
The New Zealand Maori Council and Others v HM Attorney General and Others Co [1993] UKPC 44
13 Dec 1993
PC

Commonwealth
(New Zealand)
[ Bailii ]
 
Motor and General Insurance Co Ltd V. John Pavy Co (Trinidad and Tobago) [1993] UKPC 47
15 Dec 1993
PC

Commonwealth

[ Bailii ]
 
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