Links: Home | swarblaw - law discussions

swarb.co.uk - law index


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: 1999 To: 1999

This page lists 61 cases, and was prepared on 20 May 2019.

 
Bank of New Zealand v New Zealand Guardian Trust Co Ltd [1999] 1 NZLR 664
1999

Gault J, Tipping J
Commonwealth, Trusts, Damages
New Zealand Court of Appeal - Gault J said: "Recent cases show a trend in favour of analysis by reference to the scope of the duty, and enquire as to the risks against which there was a duty to protect the plaintiff. In South Australia Asset Management Corporation v York Montague Ltd [[1996] UKHL 10; 1997] AC 191 the House of Lords approached in this way a case of breach of a contractual duty of care while noting that the concurrent duty in tort was of the same scope. In the speech of Lord Hoffmann, with whom the other members agreed, it was said that the real question in such a case is the kind of loss in respect of which the duty is owed. To some extent this is merely to restate the question asking what losses is it reasonable that the law should require the wrongdoer to compensate, but it is a helpful analytical approach as illustrated in the instructive treatment in Todd, The Law of Torts (2ed 1997) para 20.3."
Tipping J observed that while historically the law has tended to place emphasis on the legal characterisation of the relationship between the parties in delineating the remedies available for breach of an obligation, the nature of the duty which has been breached can often be more important, when considering issues of causation and remoteness, than the classification or historical source of the obligation. He identified three broad categories of breach by a trustee. First, there are breaches of duty leading directly to damage or to loss of trust property. Secondly, there are breaches involving an element of infidelity. Thirdly, there are breaches involving a lack of appropriate skill and care. He continued: "In the first kind of case the allegation is that a breach of duty by a trustee has directly caused loss of or damage to the trust property. The relief sought by the beneficiary is usually in such circumstances of a restitutionary kind. The trustee is asked to restore the trust estate, either in specie or by value. The policy of the law in these circumstances is generally to hold the trustee responsible if, but for the breach, the loss or damage would not have occurred. This approach is designed to encourage trustees to observe to the full their duties in relation to trust property by imposing on them a stringent concept of causation [ie a test by which a "but for" connection is sufficient]. Questions of foreseeability and remoteness do not come into such an assessment."
1 Citers


 
Darryl Neudorf v Network Expressions [1999] RPC 935
1999

Cohen J
Commonwealth, Intellectual Property
(Supreme Court of British Columbia) The court discussed the test for joint authorship after reviewing authorities in Canada, the US and England and said: "In the result I find that the test for joint authorship that should be applied to the facts in the instant case is as follows:
i) Did the plaintiff contribute significant original expression to the songs? If yes,
ii) Did each of the plaintiff and Ms McLachlan intend that their contributions be merged into a unitary whole? If yes,
iii) Did each of the plaintiff and Ms McLachlan intend the other to be a joint author of the song?" and "the creation of the intent to co-author requirement in Childress v. Taylor happened despite the statutory definition of joint authorship . . . not because of it. The court looked beyond the language of the section and moved on to review policy considerations in the application of the section. In particular, the court could not accept that Congress intended to extend joint authorship to, for example, editors and researchers. It was for this reason that the court created the intent to co-author requirement."
1 Citers


 
Cardile v LED Builders PTY Limited [1999] HCA 18
1999

Gaudron, McHugh, Gummow, Kirby and Callinan JJ
Commonwealth
(High Court of Australia) The respondent ("LED") twice sought relief from Eagle Homes PTY Limited ("Eagle") for copyright infringement. Anticipating the proceedings the only shareholders and controllers of Eagle, the claimants arranged the declaration and payment of a dividend to them by Eagle of $400,000, and after the hearing of the infringement actions in March 1996, but before judgment in July, a similar payment of a further dividend of $658,977.12, again intenting to put Eagles assets beyond the reach of LED. LED obtained freezing orders against Mr and Mrs Cardile, and they sought to have them set aside on appeal on the grounds that there was no case against them of receipt and retention of any property of Eagle, nor any other basis for the grant of a freezing order against them in favour of LED. Held: The court undertook a comprehensive review of the nature and rationale of the jurisdiction to grant interim relief and freezing orders based largely on English authority which included reference to the Aiglon case. The court set out principle determining whether Mareva relief should be granted in relation to the activities of third parties: "What then is the principle to guide the courts in determining whether to grant Mareva relief in a case such as the present where the activities of third parties are the object sought to be restrained? In our opinion such an order may, and we emphasise the word 'may', be appropriate, assuming the existence of other relevant criteria and discretionary factors, in circumstances in which:
(i) the third party holds, is using, or has exercised or is exercising a power of disposition over, or is otherwise in possession of, assets, including 'claims and expectancies' , of the judgment debtor or potential judgment debtor; or
(ii) some process, ultimately enforceable by the courts, is or may be available to the judgment creditor as a consequence of a judgment against that actual or potential judgment debtor, pursuant to which, whether by appointment of a liquidator, trustee in bankruptcy, receiver or otherwise, the third party may be obliged to disgorge property or otherwise contribute to the funds or property of the judgment debtor to help satisfy the judgment against the judgment debtor."
Applying that statement of principle to Mr and Mrs Cardile, the majority concluded that there were two bases upon which the court had jurisdiction to grant a freezing order against them on the application of LED. The first was that it was arguable that the declaration and payment of the dividends was an alienation of property with intent to defraud creditors, voidable at the instance of any person thereby prejudiced, within the meaning of section 37A of the Conveyancing Act, sufficient to give LED a direct cause of action against Mr and Mrs Cardile as a person thereby prejudiced.
The second basis was that the declaration and payment of both dividends were voidable transactions within the meaning of Part 5.7B Divider 2 of the Corporations Law, and therefore liable to be set aside on application by a liquidator appointed at the instance of LED by way of enforcement of a quantified judgment for damages at the conclusion of its infringement proceedings. As they put it in paragraph 69 of their judgment: "A liquidator probably appointed on the initiative of LED but acting on behalf of all creditors, would be entitled to pursue and recover those funds" (meaning the dividends).
Kirby J: "To secure an asset preservation order in a case such as the present, it will be necessary for the party seeking it to show, in addition to the conditions ordinary to the grant of relief injunctive in nature that (1) there is a danger that the non-party will dispose of relevant assets or property in its possession or under its control; and (2) that the affairs of the actual or potential judgment debtor and the non-party are closely intermingled and that the actual or potential judgment creditor has a vested or accrued cause of action against the non-party or may otherwise become entitled to have recourse to the non-party, its property and assets to meet the claim. Clearly, on the preliminary findings made by the primary judge, these preconditions were established in the present case."
1 Citers


 
Jagan v Ganpat and Others (1999) 60 WIR 270
1999


Commonwealth, Litigation Practice
(Court of Appeal in Guyana) An appellate court ought to act very cautiously before deciding to overturn findings of fact by a trial judge, even where it inclines to the view that the trial judge's treatment of the evidence in a written judgment had not been as thorough as it might have been.
1 Citers


 
Regina v Diani [1999-00] Gib LR 113
1999


Commonwealth
(Gibraltar) The court in Gibralter had no power to award a successful defendant in criminal proceedings his costs.
1 Citers


 
McLennan v Attorney-General [1999] 2 NZLR 469
1999

Smellie J
Commonwealth, Land
"For the purpose of a valid offer to sell land under s 40(2)(c) of the Public Works Act 1981 the date on which the current market value is to be determined is the date on which the land is validly offered back or the date on which the valid offer back should have been made, if it is established that there has been a failure to act timeously and with due expedition in all the circumstances of the particular case, in determining to make an endeavour to sell the land in terms of s 40(1) and in determining to offer to sell the land in terms of s 40(2)."
Public Works Act 1981 (New Zealand) 40(2)(c)
1 Citers


 
In Re Wakim [1999] 173 ALJR 839
1999

McHugh J
Commonwealth
(High Court of Australia) Changes in attitudes and perceptions may require a wider meaning to be given to a word such as "marriage", at any rate in some contexts.
1 Citers



 
 A Best Floor Sanding Pty Ltd v Skyr Australian Pty Ltd; 1999 - [1999] VSC 170
 
W v W; J v Raewyn Bell [1999] UKPC 2
19 Jan 1999
PC
Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett
Commonwealth, Damages
PC (New Zealand) The claimants sught to recover exemplary damages from defendants convicted of criminal offences against them. Held: There were differences in the system between New Zealand and the English jurisdictions. The New Zealand Courts made a greater allowance for the effect of the offence on the victim. No issues of public policy clearly indicated either way. Could it be right for the Board to take a view of public policy in New Zealand different from that taken by the New Zealand Court of Appeal: "a need for consistency leads inexorably to the conclusion that an acquittal should also bar the civil remedy for exemplary damages. The decision to bar the remedy after conviction and punishment is plainly a matter of policy and the consistent application of such a policy requires that it should apply irrespective of the severity or lightness of the punishment imposed by the criminal court. " The appeal was dismissed.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Deshan Rampharry v The State
20 Jan 1999
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Deshan Rampharry v The State
20 Jan 1999
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Cadbury Schweppes v FBI Foods [1999] 1 SCR 142; 1999 CanLII 705 (SCC); 85 ACWS (3d) 166; 191 WAC 161; [1999] SCJ No 6 (QL); JE 99-317; AZ-99111005; 83 CPR (3d) 289; 235 NR 30; 117 BCAC 161; 42 BLR (2d) 159; 59 BCLR (3d) 1; 167 DLR (4th) 577
28 Jan 1999

L'Heureux-Dube, Gonthier, McLachlin, Iacobucci, Major, Bastarache and Binnie JJ
Commonwealth, Damages, Equity, Intellectual Property
Supreme Court of Canada - Commercial law - Confidential information - Breach of confidence - -Remedies - Manufacturer using confidential information obtained under licensing agreement to manufacture competing product - Whether permanent injunction appropriate remedy for breach of confidence in this case - Whether "head start" concept applies -- Whether calculation of equitable compensation differs from common law damages.
1 Cites

1 Citers

[ Canlii ]
 
Keith Rutherford Lamb v Midac Equipment Limited [1999] UKPC 4; Appeal No 57 of 1997
4 Feb 1999
PC

Commonwealth
PC Jamaica
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Indravani Ramjattan v The State (Trinidad and Tobago) Times, 01 April 1999; [1999] UKPC 8
4 Mar 1999
PC

Criminal Practice, Commonwealth
(Trinidad and Tobago) The judicial committee could hear an appeal despite earlier rejection of leave to appeal, provided the new grounds were sufficiently distinctive from the first application and merited leave.
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Attorney General v Henry Michael Horton and Another [1999] UKPC 9; (Appeal No 51 of 1998); [1999] 2 NZLR 257
8 Mar 1999
PC

Commonwealth
PC New Zealand
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Ahnee, Selvon and Le Mauricien Ltd v Director of Public Prosecutions [1999] UKPC 11; (Appeal No 28 of 1998)
17 Mar 1999
PC

Commonwealth, Crime, Media
PC Mauritius
PC Mauritius
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Darrin Roger Thomas and Haniff Hilaire v Cipriani Baptiste Times, 23 March 1999; [1999] UKPC 13; (Appeal No 60 of 1998); [1999] 3 WLR 249; [2000] 2 AC 1
17 Mar 1999
PC
Lord Millett
Human Rights, Commonwealth, Criminal Sentencing
(Trinidad and Tobago) If the reason for delay in executing a prisoner was the slowness of bodies with whom appeals had been undertaken, that delay itself was not to be considered a good reason for preventing the execution. A delay period above 18m would be disregarded. The phrase 'due process of law' is a compendious expression in which the word 'law' does not refer to any particular law and is not a synonym for common law or statute. Rather it invokes the concept of the rule of law itself and the universally accepted standards of justice observed by civilised nations which observe the rule of law."
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Presidential Insurance Company v Molly Hosein Stafford [1999] UKPC 14
22 Mar 1999
PC
Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough, Sir Andrew Leggatt
Commonwealth, Insurance
PC (Trinidad and Tobago) Mrs Stafford obtained judgment against a driver insured by the appellant. He was unable to satisfy the claim and she sought recovery from the insurers. They claimed that their liability was limited. Held: The liability was governed by the section, but the limit referred to the amount of the judgment, and did not limit the interest which accrued on it whilst it remained unsatisfied. She was also entitled to the costs of the action and interest upon those costs. Order accordingly.
1 Cites

[ Bailii ] - [ PC ]
 
Arleigh Hector James v The Queen [1999] UKPC 15; (Appeal No 5 of 1998)
22 Mar 1999
PC
Lord Slynn of Hadley, Lord Clyde, Lord Hobhouse of Woodborough, Sir Patrick Russell, Sir Andrew Leggatt
Commonwealth
PC (Barbados) The defendant appealed his conviction for murder. He claimed provocation. He had a history of mental illness. Held: Though the judge had failed to give a satisfactory direction with regard to provocation in the light of Camplin, there was still a requirement to establish that the provocation induced a 'sudden loss of control'. However the judge had failed to give a satisfactory direction on diminished responsibility in th elight of the particular medical evidence, and a conviction for manslaughter was substituted.
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Crooks v Ebanks [1999] UKPC 17; Appeal No 32 of 1997
30 Mar 1999
PC
Lord Slynn of Hadley, Lord Steyn, Lord Clyde, Lord Hutton, Sir Andrew Leggatt
Commonwealth, Personal Injury, Police
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act. Held: The dropping of the revolver and the discharging of the round were not for the purpose of vindicating and giving effect to the law, and the officer did not have immunity. In the historical context of the distinction between an action on the case and an action for trespass, a claim in respect of consequential injury arising from negligence would have been brought as an action on the case. Therefore it would have been unnecessary to provide in section 33 that: "Every action to be brought against any Constable for any act done by him in the execution of his office, shall be an action on the case as for a tort", if that section was to apply to a claim in negligence for consequential injury.
Constabulary Force Act 1935 33
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
John Pfeiffer Pty Limited v Rogerson [2000] HCA 36; (2000) 203 CLR 503
16 Apr 1999
HCA

Commonwealth, Jurisdiction, Torts - Other
(High Court of Australia) The double actionability rule should be discarded with regard to claims brought in an Australian court in respect of a civil wrong arising out of acts or omissions that occurred wholly within one or more of the law areas of the Commonwealth of Australia.
1 Citers

[ Austlii ]
 
Air Jamaica Limited v Joy Charlton and Others (Jamaica) [1999] UKPC 20; (Appeal No 27 of 1998)
28 Apr 1999
PC

Commonwealth
PC Jamaica
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Browne v The Queen Times, 11 May 1999; [1999] UKPC 21; [2000] 1 AC 45
6 May 1999
PC
Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Clyde, Lord Hobhouse of Woodborough, Sir Patrick Russell
Constitutional, Commonwealth, Criminal Sentencing
(St Christopher and Nevis) The appellant had been convicted of murder whilst still a youth. He had accordingly been sentenced to be detained 'during [the Governor-General’s] pleasure; and if so sentenced he shall be liable to be detained in such place and under such conditions as the Administrator in Council may direct and, while so detained, be deemed to be in legal custody.' Held: It was inconsistent with the doctrine of the separation of powers, that a person sentenced to be detained during the Governor General's pleasure, should have the length of sentence decided by the Governor, who is part of the executive not the judiciary. The term "during pleasure" is to be "not a once and for all assessment that is made at the time that the defendant is first before the court after his conviction." The unconstitutionality could be repaired by ensuring that the decision was made by a court.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Ramnath Harrilal v The State [1999] UKPC 22; Appeal No 17 of 1998
10 May 1999
PC

Commonwealth, Crime
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Charles, Steve Carter and Leroy Carter v The State Times, 27 May 1999; [2000] 1 WLR 384; [1999] UKPC 24; (Appeal No 33 of 1998)
26 May 1999
PC

Criminal Practice, Commonwealth
(Trinidad and Tobago) A third trial for murder, with a capital sentence to follow, after a long delay, and when one verdict had been set aside, and a second jury undecided, became an abuse of process. This is usually a judge's discretion and should be set aside only rarely.
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Ashoke Papan v The State (Reason for decision upon a petition for special leave as a poor person) [1999] UKPC 23; (Reason for decision upon a petition for special leave as a poor person)
26 May 1999
PC
Steyn, Hoffmann, Hope of Craighead LL
Commonwealth, Crime
PC (Trinidad and Tobago)
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Nankissoon Boodram (also known as Dole Chadee) and Others v Cipriani Baptiste (Commissioner of Prisons) and Others Times, 01 June 1999; [1999] UKPC 30; [1999] UKPC 29
26 May 1999
PC

Criminal Sentencing, Human Rights, Commonwealth
(Trinidad and Tobago) Where hanging was the only means for the carrying out of the death penalty, it was a lawful method of execution, and not necessarily cruel and unusual, despite evidence of the suffering caused by the process. A rule in the constitution preventing such punishment was disapplied because the procedure was already in existence when the constitution was passed, and the constitutoin preserved existing punishments.
[ Bailii ] - [ Bailii ] - [ PC ] - [ PC ] - [ PC ] - [ PC ] - [ PC ] - [ PC ]
 
President of the Republic of South Africa v South African Rugby Football Union [1999] ZACC 9; [1999] 4 SA 147
4 Jun 1999


Commonwealth, Human Rights, Constitutional
Constitutional Court of South Africa - The court considered an allegation of bias in the judge, it being said that they should have recused themselves: "The question is whether a reasonable, objective and informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and the submissions of counsel. The reasonableness of the apprehension must be assessed in the light of the oath of office taken by the judges to administer justice without fear or favour; and their ability to carry out that oath by reason of their training ad experience. It must be assumed that they can disabuse their minds of any irrelevant personal beliefs or predispositions. They must take into account the fact that they have a duty to sit in any case in which they are not obliged to recuse themselves. At the same time it must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial and a judicial officer should not hesitate to recuse herself or himself if there are reasonable grounds on the part of a litigant for apprehending that the judicial officer, for whatever reasons, was not or will not be impartial."
1 Citers

[ SAFLii ]

 
 Deloitte and Touche Ag v Johnson and Another; PC 10-Jun-1999 - Times, 16 June 1999; [1999] UKPC 25; Appeal No 44 of 1998; [1999] 1 WLR 1605; (1998-99) 1 ITELR 771; [1999] BCC 992; [2000] 1 BCLC 485
 
The Trustee of the Property of Jan Yngve Pehrsson, a bankrupt v Madeleine von Greyerz [1999] UKPC 26
16 Jun 1999
PC

Commonwealth, Company, Equity, Trusts
PC (Gibraltar) The mere appointment of trustees of shares without the delivery to the trustees of forms of transfer did not give rise to a trust. Held: A gift was intended to take effect by a transfer of the shares and it is therefore impossible to construe it as having taken place by a change in the beneficial interest before the transfer had been registered. It is true that in accordance with the decision in In re Rose a gift of shares will be regarded as completed even before registration when the donor has clothed the beneficiary with the power to obtain registration. Thus when the donor has executed a transfer and delivered it to the beneficiary or his agent, equity regards the gift as completed. No further act on the part of the donor is needed to vest the legal title in the beneficiary and the donor has no power to prevent it. But this principle could not apply to the present case until the nominee shareholders had executed and delivered transfers into her possession or constituted themselves agents for her. Until that time, they remained nominees for the donor and it was open to him to countermand the gift. Since the transfers were not executed until the same day as registration took place, the principle in In re Rose is of no assistance to her.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]

 
 Jacobi v Griffiths; 17-Jun-1999 - (1999) 174 DLR(4th) 71; [1999] 9 WWR 1; 44 CCEL (2d) 169; 63 BCLR (3d) 1
 
Mitchell v The Queen Appeal No 62 of 1998; [1999] UKPC 28
28 Jun 1999
PC

Commonwealth, Crime
PC Jamaica
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Dean Tillet v The Queen Appeal No 56 of 1998; [1999] UKPC 27
28 Jun 1999
PC

Commonwealth
PC Belize
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Cardinal Williams v Regina (Oral judgement upon a petition for special leave to appeal) [1999] UKPC 32
7 Jul 1999
PC
Lord Hoffmann, Lord Hutton, Lord Hobhouse of Woodborough
Commonwealth
PC (St. Vincent and the Grenadines) Leave to appeal granted
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Cardinal Williams v The Queen (Oral judgement upon a petition for special leave to appeal) [2000] UKPC 29
10 Jul 1999
PC

Commonwealth
PC St. Vincent and the Grenadines
[ Bailii ]
 
Anthony Nevada Johnson v The State [1999] UKPC 36; Appeal No 30 of 1998
21 Jul 1999
PC

Crime, Commonwealth, Crime
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Dharmarjen Sabapathee v The State Appeal No 1 of 1999
21 Jul 1999
PC

Commonwealth
PC Mauritius
[ PC ] - [ PC ]
 
Dharmarjen Sabapathee v The State [1999] UKPC 31
21 Jul 1999
PC

Commonwealth
PC Mauritius
[ Bailii ] - [ PC ]
 
West Indies Alliance Insurance Co Ltd v Jamaica Flour Mills Ltd Appeal No 24 of 1998; [1999] UKPC 35
21 Jul 1999
PC

Commonwealth
PC Jamaica
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Narine Sooklal and Francis Mansingh v The State Appeal No 40 of 1998; [1999] UKPC 37; [1999] 1 WLR 2011
21 Jul 1999
PC

Commonwealth, Crime
PC Trinidad and Tobago
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Manukau City Council v Ports of Auckland Limited and Others [1999] UKPC 38; Appeal No 10 of 1999
21 Jul 1999
PC

Commonwealth
PC (New Zealand)
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Evelyn Henry v Mount Gay Distilleries Limited Appeal No 43 of 1998; [1999] UKPC 39
21 Jul 1999
PC

Commonwealth
PC Barbados
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Lincoln Defour v The State Appeal No 32 of 1998; [1999] UKPC 34
21 Jul 1999
PC

Commonwealth, Crime
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Perre v Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36; [1999] 64 ALR 606; [1999] 64 73 ALJR 1190
12 Aug 1999

Kirby J
Commonwealth, Negligence, Agriculture
(High Court of Australia) The plaintiff farmers sought damages for financial losses incurred after the defendant negligently introduced a disease. Although the disease was not shown to have spread, neighbouring farm owners suffered economic loss by the imposition of a potato marketing ban in Western Australia attributable to the proximity of their farms to the outbreak of the disease, and sued the defendant for what was therefore pure economic loss (the absence of any escape of the disease preventing a claim under Rylands v. Fletcher). Held: An important criterion for the imposition of liability for economic loss lay in ascertaining the extent to which the plaintiff was vulnerable to incurring loss by reason of the defendant's conduct, and the extent to which that was or should have been apparent to the defendant.
Kirby J: "As against the approach which I favour, it has been said that the three identified elements are mere 'labels'. So indeed they are. . . Labels are commonly used by lawyers. They help steer the mind through the task in hand."
1 Citers

[ Austlii ]
 
Perre v Apand Pty Ltd [1999] HCA 36; [1999] 198 CLR 180; [1999] 64 ALR 606; [1999] 73 ALJR 1190
12 Aug 1999

Gleeson CJ, Callinan J, Kirby J
Commonwealth, Damages
(High Court of Australia) The Respondent Defendant negligently introduced into South Australia a form of potato diseas, bacterial wilt, on to the land of a farmer neighbour to the claimant. The disease did not spread to the Perre's land, but the potatoes were grown for export to Western Australia, whose regulations prohibited the import of potatoes grown within 20 kms of that land. The Perre's land was within that radius. Held. Gleeson CJ considered the exclusionary rule (and its distinction between physical and economic loss), but did not need to discuss what exactly happened to the Perre's potatoes, so as to establish whether it was physical damage. The loss was categorised as pure economic loss. Callinan J said that what happened to the uninfected potatoes "may not have been actual physical damage", but he compared what happened to them with what happens to land which is said to be subject to planning blight.
1 Citers

[ Austlii ]
 
Adolphus Campbell v The State [1999] UKPC 40; Appeal No 63 of 1998
20 Aug 1999
PC
Lord Hoffmann, Lord Hutton, Sir Patrick Russell,Sir Roy Beldam, Sir Andrew Leggatt
Commonwealth
PC (Trinidad and Tobago) The defendant appealed his conviction for murder. The Board considered whether the Court of Appeal should consider additional medical evidence. He was said to have attacked the deceased, in the course of an assault with a cutlass on others in the same house. His defence was temporay insanity. At appeal the court refused to allow him to withdraw instructions from his lawyers, fearing that he was extending his incarceration to avoid the death penalty. Held: Even if the trial judge had left provocation to the jury on the basis that what happened in the bedroom might constitute some evidence of provocation, it was inevitable that the jury would have rejected the defence and would have concluded that there was nothing done or said which was enough to make a reasonable man do as the appellant did. The defence of temporary insanity had not been made out either. However, there was now evidence from a respected psychiatrist who said it was likely that the defendant suffered a paranoid psychiatric illness. The case should be remitted for the court of appeal to consider whether such evidence was to be admitted.
1 Cites

[ Bailii ] - [ PC ]
 
Nulyarimma v Thompson (1999) 120 ILR 353; [1999] FCA 1192
1 Sep 1999


Commonwealth, Crime
(Federal Court of Australia) The court rejected the automatic assimiliation of the international crime of genocide into national law.
Austlii CRIMINAL LAW - International crime of genocide - Meaning of genocide - Intentional element - Prohibition of genocide as a norm of international customary law - No legislation providing for prosecution of genocide claims in Australian courts - Whether genocide is cognisable in Australian courts in the absence of legislation.
ABORIGINES - Claims that sponsorship of Native Title Act amendments and failure to seek World Heritage Listing of Lake Eyre region were acts of genocide - Impropriety of courts inquiring into actions of Parliament - Obligations arising under World Heritage Convention.
1 Citers

[ Austlii ]
 
Ian Cauldero and Nigill Francois v The State [1999] UKPC 44; Appeal No 4 of 1999
28 Sep 1999
PC
Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Sir Christopher Staughton, Sir Roy Beldam, Sir Andrew Leggatt
Commonwealth, Crime
PC (Trinidad and Tobago) The defendants appealed their convictions for murder. They complained at to the judge's direction as to a statement and as to intent, where they had said that the gun had been wrestled from them. A statement had been taken from a witness before hisdeath, and relied upon, but the tsatement had not been taken in the presence of defence counsel (as required) so as to allow a cross examination. Held: The Court of Appeal had identified a series of weakness in the directions given to the jury, but applied the proviso to allow the verdicts to stand. The court of appeal erred in not considering the several failings in their cumulative effect of the jury, and it had been unaware of an earlier inconsistent statement by a prosecution witness. The appeal was allowed and convictions for manslaughter substituted.
1 Cites

[ Bailii ] - [ PC ]
 
Pauline Eunice Tangiora v Wellington District Legal Services Committee [1999] UKPC 42
4 Oct 1999
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Hutton, Lord Millett
Commonwealth, Human Rights
PC (New Zealand) The appellants claimed that their treatment by the respondent infringed their human rights as guaranteed by the respondents signing the Convenant. They wanted to apply to the International Committee for relief, and applied to the respondent for legal aid. The respondent said it had no power to award legal aid for proceedings outside New Zealand. Held: The issue was decided by whether the Committee constituted a judicial authority within the New Zealand legal aid statute. The Act set out a detaled list of courts for which legal aid could be granted. The Committee was not included. The Committee had chosen its name because it was not adjudicative, although its members were judges of the highest standing. Held: The Board doubted that the Committee could be described as non-adjudicative, but eth issue was decided by the fact that it was not listed within the Act.
International Covenant on Civil and Political Rights First Protocol
1 Cites

[ Bailii ] - [ PC ]
 
Trinidad Oilwell Service Limited v The of Inland Revenue Appeal No 67 of 1998; [1999] UKPC 45
21 Oct 1999
PC

Commonwealth
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ]
 
Anthony Briggs v Cipriani Baptiste (Commissioner of Prisions) and Others Times, 03 November 1999; [1999] UKPC 47; (Appeal No 31 of 1999)
28 Oct 1999
PC

Human Rights, Commonwealth, Crime
(Trinidad and Tobago) Where there were no remaining disputed facts which could give rise to an objection, it was not a breach of the human rights of an individual not to be executed except by due and lawful process. The system of petition within the Inter-American Convention was clear.
[ Bailii ] - [ PC ] - [ PC ]
 
Grape Bay Limited v Attorney General [2000] 1 WLR 574; Appeal No 69 of 1998; [1999] UKPC 43
28 Oct 1999
PC
Lord Hoffmann, Lord Goff of Chieveley, Lord Clyde, Lord Millett, Sir Christopher Slade
Commonwealth, Intellectual Property, Contract
PC Bermuda
[ Bailii ]
 
Lange v Atkinson and Another Appeal No 71 1998; [1999] UKPC 46; Appeal No 71 1998
28 Oct 1999
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Cooke of Thorndon, Lord Hope of Craighead, Lord Hobhouse of Woodborough
Commonwealth, Defamation
PC New Zealand - This appeal concerns a defence of "political expression" pleaded in a libel action.
[ Bailii ]
 
Spiricor of St Lucia Limited v The Attorney General of St Lucia and another Appeal No 10 of 1998; [1999] UKPC 49
1 Dec 1999
PC

Commonwealth
PC St Lucia
[ Bailii ] - [ PC ] - [ PC ]
 
Arklow Investments Ltd and Another v I D Maclean and Others (Appeal No 17 of 1999); [1999] UKPC 51; [2000] 1 WLR 594
1 Dec 1999
PC
Lord Steyn, Lord Lloyd of Berwick, Lord Hobhouse of Woodborough, Sir Andrew Leggatt, Mr. Justice Henry
Commonwealth, Intellectual Property, Equity, Banking
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank bought the land instead. The appellant complained that the information acquired by the bank on his behalf was confidential to him, and that the bank had acted in breach of its duty of confidence to him. He also claimed a breach of a duty of loyalty. Held: A duty of loyalty arises when a relationship gives rise to a legitimate expectation, which equity will recognise, that the fiduciary will not utilise his or her position in a way which is adverse to the interests of the principal. The court was unable to see an evidential basis for finding that a relationship of trust and confidence, in this sense of undertaking an obligation of loyalty, arose in this case. The claimant did not accept the proposal, and so no relationship arose. Characterising the duty to respect confidential information as fiduciary does not create particular duties of loyalty which are imposed as a result of the nature of the particular relationship and the circumstances giving rise to it. It is not the label which defines the duty. Though the defendant had acquired confidential information there was insufficient evidence that that information had been misused, or that the claimant had suffered any loss as a result directly of such use. Some of the information for which confidence was claimed was not capable of being confidential.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Angela Ramdeen v The State Appeal No 75 of 1998; [1999] UKPC 50
1 Dec 1999
PC

Commonwealth, Crime
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ]
 
Jumbo King Ltd v Faithful Properties Ltd (1999) 2 HKCFAR 279
2 Dec 1999

Chief Justice Li, Mr Justice Litton PJ, Mr Justice Ching PJ, Mr Justice Nazareth NPJ and Lord Hoffmann NPJ
Commonwealth, Contract
(Court of Final Appeal of Hong Kong)
1 Citers

[ HKLII ]
 
Helga Stoeckert v Margie Geddes (Appeal No 66 of 1998) [1999] UKPC 52
13 Dec 1999
PC
Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Saville of Newdigate, Lord Hobhouse of Woodborough
Commonwealth, Trusts, Family, Wills and Probate
PC Jamaica The claimant claimed against the estate of her former partner. Though not married they had lived together for many years, and she claimed there had been an express understanding that she would receive part of his estate. A constructive trust was claimed and denied. Held: The facts alleged were not capable of sustaining the claim. Leaving the claimant in charge of his business whilst the deceased had gone to live abroad did not establish such a trust, and nor did the several statements made.
1 Cites

[ Bailii ] - [ PC ]
 
Herman Constance, Clint Wilson and Ronald Lee v The State Appeal No 31 of 1998; [1999] UKPC 56
16 Dec 1999
PC

Commonwealth
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ]
 
Sprints Ltd v Comptroller of Customs and Chipie Design and Signoles S A (Mauritius) [1999] UKPC 57; (Appeal No 45 of 1998)
16 Dec 1999
PC
Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Jauncey of Tullichettle, Lord Hope of Craighead, Lord Clyde
Intellectual Property, Commonwealth
(Mauritius) The claimant sought registration in Mauritius of a trade mark for the applicants which had been registered in the respondents name in several jurisdictions over the world. Mauritian law provided that an application for registration may be made by any person who has a right to use a trade mark, but also prohibited registration of marks where the use "would by reason of its being calculated to deceive or otherwise" be disentitled to protection in a court. The objectors had marked goods for export to Mauritius. Held: The marking of goods with the intention of exporting them to Mauritius was enough to constitute use of the mark there. The words "disentitled to protection in a court of justice", required not only a likelihood of deception or confusion but also a user at the relevant time by the owner of the mark which the court would protect. There was no effective distinction just because the word might be a domestic one.
Trade Marks Act (Mauritius)
[ Bailii ] - [ PC ] - [ PC ]
 
Mann v Carnell [1999] HCA 66; [1999] 201 CLR 1; [1999] 168 ALR 86; [1999] 74 ALJR 378
21 Dec 1999

Gleeson CJ, Gaudron, Gummow and Callinan JJJ
Commonwealth, Legal Professions, Litigation Practice
Austlii (High Court of Australia) Practice and procedure - Preliminary discovery - Legal professional privilege - Loss of privilege - Waiver by disclosure to third party.
Australian Capital Territory - Separation of powers - Representative government - Nature of relationship between the ACT Legislative Assembly and the ACT Executive.
Words and phrases - "client legal privilege".
"What brings about the waiver is the inconsistency, which the courts, where necessary informed by considerations of fairness, perceive, between the conduct of the client and maintenance of the confidentiality; not some over-riding principle of fairness operating at large. . Disclosure by a client of confidential legal advice received by the client, which may be for the purpose of explaining or justifying the client's actions, or for some other purpose, will waive privilege if such disclosure is inconsistent with the confidentiality which the privilege serves to protect . . considerations of fairness may be relevant to a determination of whether there is such inconsistency."
1 Citers

[ Austlii ]
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.