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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: 2004 To: 2004

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

 
Bouzari v Islamic Republic of Iran (2004) 71 OR (3d) 675
2004


Commonwealth
(Court of Appeal of Ontario) The court had to consider "between the condemnation of torture as an international crime against humanity and the principle that states must treat each other as equals not to be subjected to each other's jurisdiction."
1 Citers


 
Wildash v Klein (2004) 61 IPR 324; [2004] NTSC 17; (2004) 16 NTLR 66; [2004] AIPC 91-982
2004

Angel J
Commonwealth, Intellectual Property
(Supreme Court of the Northern Territory - Australia) The parties, two women, each of whom made craftwork depicting local wildlife for sale at markets. Initially they co-operated but later each accused the other of copyright infringement. The craftworks were made of wire, glass rods, glass nuggets, copper foil and other materials. Held: They were sculptures or, alternatively, works of artistic craftsmanship. The court set out Australian authority indicating that the word "sculpture" must be given its ordinary meaning. Angel J cited Laddie J in Metix in referring to the need not to extend the meaning of the word beyond the ordinary public's perception and the reference to the artist's hand. He also cited from other Australian authority which held that: "a sculpture should in some way express in three-dimensional form an idea of the sculptor", repeating Laddie Js' theme. He held that the works in his case expressed such an idea. They were "designed to have aesthetic appeal to potential purchasers."
1 Cites

1 Citers


 
Super Chem Products Limited v American Life and General Insurance Company Limited and Others [2004] UKPC 2; Times, 28 January 2004; [2004] 2 All ER 358
12 Jan 2004
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Rodger of Earlsferry, Sir Kenneth Keith
Commonwealth, Insurance
PC (Trinidad and Tobago) A fire occurred at premises in which the stock was insured under two policies. Both insurers denied the claims alleging arson, and that it was out of time. The claimant said that the insurer having argued for fraud, had repudiated the contract and couild not therefore now rely upon a clause within it as a second string defence. Held: In a fire insurance context, despite a repudiatory breach of contract, obligations under the contract survive until the breach is accepted by the innocent party as terminating the contract. Jureidini is not an authoritative decision on insurance law or general contract law. The insurers were not precluded from relying upon the clause even though fraud might have been alleged. No waiver or estoppel had been established simply by negotiating. There had been no agreement to extend the time bar.
PC Lord Steyn: "Contract law cannot and does not prevent an insurer from resisting a claim on alternative bases, one involving an allegation of fraud and the other breaches of policy conditions."
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Harracksingh v The Attorney General of Trinidad and Tobago and PC Neville Adams [2004] UKPC 3
15 Jan 2004
PC
Lord Hoffmann Lord Hope of Craighead Lord Scott of Foscote Sir Andrew Leggatt Sir Kenneth Keith
Commonwealth, Litigation Practice, Police, Torts - Other
(Trinidad and Tobago) The appellant had succeeded in a claim for damages against the police for false imprisonment and assault. He now appealed a reversal of that decision. The judge had been doubtful as to the value of the police evidence. The Court of Appeal had apparently re-assessed that evidence. Held: The trial judge had made explicit findings of fact which the appellate court had no standing to alter. The judgment was re-instated. "the conduct of the police officers was not merely "overzealous", as Mr Dingemans submitted: it was tortious. Although even upon that assumption he did not formally concede liability for malicious prosecution, it is irresistible. Not only was the prosecution doomed, but charging a person with an offence, which the arresting officer knows he has not committed, necessarily involves a lack of honest belief on the part of the officer, and his motive can only have been improper. "
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Mitra Harrack Singh v The Attorney General of Trinidad and Tobago P.C. Neville Adams
15 Jan 2004
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Casurina Limited Partnership v Rio Algom Ltd (2004) 40 BLR (3d) 112; 2004 CanLII 30309; (2004) 181 OAC 19
21 Jan 2004


Commonwealth, Banking
(Court of Appeal for Ontario) The upheld the lower court's approval of the approach in the United States (citing Feldbaum v. McCrory Corp., 1992 Del. Ch. LEXIS 113) that in consenting to no-action clauses by purchasing bonds, bondholders waive their rights to bring claims that are common to all bondholders, and thus can be prosecuted by the trustee, unless they first comply with the procedures in the instrument constituting the bonds.
1 Citers

[ Canlii ]
 
Kenneth Clarke v The Queen [2004] UKPC 5
22 Jan 2004
PC

Crime, Commonwealth
PC (Jamaica) The appellant challenged his conviction for capital murder, saying the judge had failed properly direct the jury as to the caution required in acting upon the evidence of an accomplice who had given inconsistent statements.
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited [2004] UKPC 6; [2004] Env LR 761; [2004] Env LR 38
29 Jan 2004
PC
Lord Walker
Commonwealth, Judicial Review, Environment
PC (Belize) Lord Walker said: "It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court to co-operate and to make candid disclosure, by way of affidavit, of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the reasoning behind the decision challenged in the judicial review proceedings".
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ] - [ PC ]
 
Worme and Grenada Today Limited v Commissioner of Police
29 Jan 2004
PC

Commonwealth
PC Grenada
[ PC ]
 
Michael McDonald Huggins v The Queen
29 Jan 2004
PC

Commonwealth
PC Barbados
[ PC ]
 
George Worme Grenada Today Limited v The Commissioner of Police [2004] UKPC 8; Times, 05 February 2004; Gazette, 04 March 2004
29 Jan 2004
PC
Lord Bingham of Cornhill, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Commonwealth, Human Rights, Constitutional
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that the publication was not for the public benefit. The protection of public reputation is important, and it was not conducive to the public good for the reputation of public figures to be debased falsely. The availability of a civil remedy did not show that a criminal remedy was unnecessary. There was a reasonable requirement for the offence, and the offence as set down did not go further than necessary.
Grenada Constitution Order 1973
1 Cites

[ Bailii ] - [ PC ]
 
Bishop of Roman Catholic Diocese of Port Louis and Others v Suttyhudeo Tengur and Others [2004] UKPC 9
3 Feb 2004
PC

Commonwealth, Constitutional, Education
PC (Mauritius) A father challenged the constitutionality of a system where 50% of places in Catholic run secondary schools were allocated to Catholic childen, and fifty per cent according to merit. He feared this would discriminate against his daughter as a Hindu. The Supreme Court upheld his claim, and the Colleges appealed. Held: The constitution acknowledged the rights to establish church based schools, but also guaranteed against discrimination for religion. The giving of preference to one group of applicants necessarily works to the disadvantage of any group of applicants to whom preference is not given, but differentiation without more is not enough to enable the father to succeed. The differentiation required justification, but no sufficient justification had been put forward. The appeal was dismissed.
1 Cites

[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
Cartwright and Knowles v The Superintendant of Her Majesty's Prison and The Government of the United States of America [2004] UKPC 10; [2004] 1 WLR 902
10 Feb 2004
PC
Lord Steyn, Sir John Roch and Sir Swinton Thomas, Lord Hoffmann and Lord Rodger of Earlsferry dissenting
Commonwealth, Extradition, Litigation Practice
PC (Bahamas) A warrant for extradition had been held to be void, and the prisoners released. It was argued that the US government had no right of appeal. Held: Section 17(3) of the Court of Appeal Act was applicable. Lord Steyn said that "[t]he correct approach is to ask, against the relevant context, what the legal effect of the pronounced decision is." He concluded: "[The Court of Appeal's] view [that in substance the judge had been making an order for certiorari] is reinforced by the judge's conclusion that 'I find that the orders of committal are void'. The judge was in effect making a declaration that the orders of committal were void. From that decision it followed that the state was no longer entitled to detain the applicants. The judge had based his decision on judicial review. Accordingly there was a right of appeal against the critical order."
The dissenting minority said: "Even if the judge (contrary to his express statement) is to be treated as having made an order of certiorari, we do not see how that helps the applicants. That only means that he made two orders: a deemed order of certiorari and an actual order that habeas corpus should issue. The applicants may have been entitled to appeal against the first. But that does not enable them to set aside the order for release unless they can also appeal against the second."
1 Citers

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Auburn Court Limited v The Kingston and Saint Andrew Corporation The Building Surveyor The Town and Country Planning Authority The Government Town Planner [2004] UKPC 11
23 Feb 2004
PC

Commonwealth, Planning
PC Jamaica
PC Jamaica
[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
Pickersgill and Another v Riley [2004] UKPC 14; Times, 02 March 2004; Gazette, 25 March 2004; [2004] PNLR 31
25 Feb 2004
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond
Commonwealth, Legal Professions, Professional Negligence
PC (Jersey) The solicitor appealed a finding of negligence. He had failed to advise his client when he acted as a guarantor for a proposed assignee of a lease that the company may be a shell company. It had been argued that he had become an homme d'affaire for his client and under a general duty to advise. Held: The client was an experienced businessman by whom such risks were well understood. The solicitor, even as homme d'affaires, was not under a duty to investigate matters outside the explicit or implicit range of his instructions. "The scope of a solicitor's duty is governed by the instructions he receives and the circumstances of the case. The scope of a solicitor's duties may in some cases justify his description as an "homme d'affaires" but the bestowing of that description on him cannot alter or add to the extent of the duty of care that he would otherwise owe."
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Carlton Rattansingh (Legal personal representative of the estate of Joseph Rattansingh) v The Attorney General of Trinidad and Tobago Kanadhar Doopan (Comptroller of Customs and Excise) [2004] UKPC 15
2 Mar 2004
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Carswell
Commonwealth, Torts - Other, Customs and Excise, Limitation
PC (Trinidad and Tobago) Tyres were seized by the second respondent upon being imported in 1984, but proceedings were not taken to forfeit and condemn the goods. The plaintiff sought their return: the defendant argued limitation. Held: There was no answer to the plea of limitation. New grounds could not be advanced at the hearing.
[ PC ] - [ Bailii ]
 
target=''Carlton Rattansingh (Legal personal representative of the estate of Joseph Rattansingh) v The Attorney General of Trinidad and Tobago Kanadhar Doopan (Comptroller of Customs and Excise)
17 Mar 2004
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Hosking and Hosking v Simon Runting and Another [2004] NZCA 34; [2005] 1 NZLR 1; (2004) 7 HRNZ 301
25 Mar 2004

Gault P, Keith J, Blanchard J, Tipping J, Anderson J
Commonwealth, Intellectual Property
(Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking's eighteen month old twins being pushed down a street by their mother. Mr and Mrs Hosking sought injunctions to prevent publication of the photograph relying on a cause of action for breach of confidence and for breach of privacy. Held: The court identified two distinct versions of the tort of breach of confidence in English law: "One is the long-standing cause of action under which remedies are available in respect of use or disclosure where the information has been communicated in confidence. Subject to possible 'trivia' exceptions and to public interest (iniquity) defences, those remedies are available irrespective of the 'offensiveness' of the disclosure. The second gives a right of action in respect of publication of personal information of which the subject has a reasonable expectation of privacy irrespective of any burden of confidence."
The taking of photographs in a public street must be taken to be one of the ordinary incidents of living in a free community, and there was no cause of action in tort for breach of privacy based upon the publication of photographs taken in a public place and the action for breach of confidence required there to be established a reasonable expectation of privacy in respect of matters whose publication would be considered highly offensive to an objective reasonable person.
1 Cites

1 Citers

[ Worldlii ]
 
Dipcon Engineering Services Ltd v Bowen and Another [2004] UKPC 18; 64 WIR 117
1 Apr 2004
PC
Lord Brown of Eaton-Under-Heywood
Commonwealth, Litigation Practice
PC Grenada "Whilst Saudi Eagle is clear authority, if authority were needed, for the proposition that an application to set aside a default judgment can be made (and, if refused, can then be appealed) notwithstanding that final judgment has been entered, it is certainly not authority for saying that on an appeal against an assessment of damages a previous default judgment can be set aside without any such application ever having been made ..."
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Seepersad v Persad and Another [2004] UKPC 19
1 Apr 2004
PC

Commonwealth
Trinidad and Tobago
[ Bailii ]
 
Carreras Group Limited v The Stamp Commissioner [2004] UKPC 16; [2004] STC 1377; [2004] BTC 8077; [2004] STI 990
1 Apr 2004
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
Commonwealth
PC (Jamaica) The transfer of shares in exchange for a debenture with a view to its redemption a fortnight later was not regarded as an exempt transfer in exchange for the debenture but rather as an exchange for money. Elements which have been inserted into a transaction without any business or commercial purpose did not prevent the composite transaction from falling within a charge to tax or bring it within an exemption from tax.
1 Citers

[ Bailii ] - [ PC ]
 
Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago [2004] UKPC 17; Times, 09 April 2004; [2004] 1 WLR 1689
1 Apr 2004
PC
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood
Commonwealth, Constitutional
PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court's delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial delay in the appeal, and at one point a judge had died after hearing the application but before he had delivered his judgement. Neither party could afford the necessary rehearing, and nor were they offered financial assistance. Held: The constitution did not give a right to a hearing within any time frame. When the application was framed as a 'protection of the law' issue, the court should look first to the quality of the justice provided, and not its time frame. Different considerations applied for the failure to hand down a judgment as opposed to a failure to provide a hearing. A delay in producing a judgment deprived a party of his right to the protection of the law only where the judge ceased to be able to provide it, or the parties were unable to obtain the necessary benefit. A close definition of what delay was required for an infringement would not be fruitful. In this particular case a delay of 12 months was not unacceptable, and nor did the state deny protection by not providing financial assistance where a new trial became necessary.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Naraynsingh v Commissioner of Police [2003] UKPC 20
20 Apr 2004
PC

Commonwealth
(Trinidad and Tobago)
[ Bailii ]
 
inal.rtf' target=''.Barl Naraynsingh v The Commissioner of Police.
20 Apr 2004
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Gunnesingh Ashok Kailaysur v The State [2004] UKPC 23
24 May 2004
PC
Lord Steyn, Lord Hope, Dame Sian Elias
Commonwealth, Criminal Sentencing
PC (Mauritius) The defendant petitioned for leave to appeal his sentence for fraud. Held: The Board being in control of its own procedure, it treated the petition for leave as the appeal, and granted the appeal reinstating the sentence imposed by the district court. The appeal court had acted unjustly in doubling the sentence.
[ PC ] - [ Bailii ]
 
Robert Gary Hirst, Helen May Hirst v George Vousden, Glennys Vousden [2004] UKPC 24
25 May 2004
PC
Lord Bingham of Cornhill, Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe
Commonwealth, Landlord and Tenant
PC (New Zealand) The parties agreed orally for a lease, the landlord handing the prospective tenant a copy of a standard form lease used for the previous tenancy. The tenants appealed a finding that that document reflected the intended lease. Substantial repairs were required, some were done but uncompleted, and the property could not be occupied. The tenants ceased paying rent, the landlord forfeited, and the tenants applied for relief from forfeiture. Held: The landlords had themselves repudiated the contract, and could not then claim for the non-payment of rent, and the eviction was unlawful.
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Errol Arthurton v The Queen [2004] UKPC 25
27 May 2004
PC
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Rodger of Earlsferry, Sir Swinton Thomas, Dame Sian Elias
Commonwealth
PC (British Virgin Islands) The defendant appealed his conviction for unlawful sexual intercourse, saying the judge had failed to prevent inadmissible evidence being given to the court, namely a mention by a police officer of similar allegations. Held: The decision about whether to proceed was a matter of discretion for the judge, and the Board will not interfere. Here, however the Court of Appeal was mistaken as to the origin and nature of the mistake. The disclosure here had been serious and damaging, directly undermining the credibility of the defendant and the good character direction. Credibility was critical, and it could not be said that there had not been a miscarriage of justice.
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
'Michael Carter (trading as Michael Carter Partnership) v Harold Simpson Associates (Architects) Limited
14 Jun 2004
PC

Commonwealth
PC Jamaica
[ PC ]
 
Cigarrera Bigott, SUCS v Phillip Morris Products Incorporation Registrar General
14 Jun 2004
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Carter (T/A Michael Carter Partnership) v Harold Simpson Associates (Architects) Ltd (Jamaica) Times, 29 June 2004; [2004] UKPC 29
14 Jun 2004
PC
Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Dame Sian Elias
Commonwealth, Arbitration
(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect. Held: The amended award following remittal was not a new award. In general on such a remittal, the arbitrator's powers were limited to the terms of the remission.
1 Cites

1 Citers

[ Bailii ]
 
Cigarrera Bigott, Sucs v Phillip Morris Products Inc and Another (Trinidad and Tobago) [2004] UKPC 28
14 Jun 2004
PC

Commonwealth

[ Bailii ]
 
David Grant v Director of Correctional Services and Another; The Director of Public Prosecutions [2004] UKPC 27
14 Jun 2004
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood, Dame Sian Elias
Commonwealth, Extradition
(Jamaica) The defendant had pleaded guilty to drugs offences in the US, and had fled to Jamaica. He appealed against a refusal of Habeas Corpus having been arrested and held for extradition. The Board considered its jurisdiction to hear such an appeal, since the provision in Jamaica law said that the decision of the Court of Appeal was final. Held: the power of the Board to grant special leave to appeal had also been abrogated.
1 Cites

[ Bailii ] - [ PC ]
 
Kenneth L Kellar Carib West Limited v Stanley A Williams [2004] UKPC 30; [2005] 4 Costs LR 559; (2004) 148 SJLB 821
24 Jun 2004
PC
Lord Hope of Craighead, Lord Hutton, Lord Scott of Foscote, Lord Carswell, Dame Sian Elias
Commonwealth, Legal Professions, Costs
(Turks and Caicos Islands) The appellant had failed in his action but argued that he should not be called upon to pay the costs of the respondent because there had been an unlawful conditional fee agreement. The bill had referred to one factor as the degree of success in the case, and the respondent argued that this showed the existence of a conditional fee element. Held: The letter relied upon did not establish what was suggested, and nor could the fact that the remuneration rate had not been formally agreed in advance. It was not unlawful as a conditional fee arrangement. The case was remitted for taxation to proceed.
The Privy Council expressed the view that "it may now be time to reconsider the accepted prohibition in the light of modern practising conditions."
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]

 
 Syndicat Northcrest v Amselem; 30-Jun-2004 - (2004) 241 DLR (4th) 1; [2004] 2 SCR 551
 
Watson v Regina [2004] UKPC 34; Times, 14 July 2004; [2005] 1 AC 472
7 Jul 2004
PC
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr. Justice Edward Zacca
Commonwealth, Criminal Sentencing, Constitutional
(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was unconstitutional, being inhuman treatment. Held: The imposition of the mandatory death sentence on the appellant subjected him to an inhuman punishment. Since the the provision had been repealed and re-instated, it was not pre-existing law and was not saved by the new constitution: "So long as these laws remained untouched, they did not have to be scrutinised. But as soon as they were changed, adapted or modified in any respect, except in the circumstances referred to in paragraphs (a) and (b) of section 26(9), they had to comply with the requirements of Chapter III." The results might be different for different constitutions.
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Lennox Ricardo Boyce and Jeffrey Joseph v The Queen
7 Jul 2004
PC

Commonwealth
PC Barbados
[ PC ]
 
target=''Charles Matthew v The State
7 Jul 2004
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Lennox Ricardo Boyce and Jeffrey Joseph v The Queen
7 Jul 2004
PC

Commonwealth
PC Barbados
[ PC ]
 
Matthew vThe State [2004] UKPC 33; Times, 14 July 2004; [2005] 1 AC 433
7 Jul 2004
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr Justice Edward Zacca
Commonwealth, Criminal Sentencing, Human Rights, Constitutional
(Trinidad and Tobago) The court questioned the constitutionality of the mandatory death penalty in Trinidad. Held: The constitution of Trinidad, when implemented, forbade cruel and unusual punishment, but also preserved existing penalties. The death penalty was a cruel treatment, but the preservation of existing punishments meant that the mandatory detah penalty for murder was not unconstitutional. The argument otherwise would deny the supremacy of the constitution.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Boyce and Joseph v Regina [2004] UKPC 32; Times, 17 July 2004
7 Jul 2004
PC
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Mr. Justice Edward Zacca
Commonwealth, Criminal Sentencing, Constitutional
(Barbados) The appellants challenged the constitutionality of the death penalty in Barbados. Held: The new constitution banned treatment which was inhuman or degrading, but preserved existing penalties. The mandatory death sentence remained in effect, even though the penalty might otherwise constitute inhuman or degrading treatment.
1 Cites

1 Citers

[ Bailii ]
 
Carter Holt Harvey Building Products Group Limited v The Commerce Commission
14 Jul 2004
PC

Commonwealth
PC New Zealand
[ PC ]

 
 Jennings v Buchanan; PC 14-Jul-2004 - [2004] UKPC 36; Times, 19 July 2004; [2004] EMLR 22; [2005] 1 AC 115; [2005] 2 All ER 273
 
Carter Holt Harvey Building Products Group Ltd v The Commerce Commission [2004] UKPC 37
14 Jul 2004
PC
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Carswell
Commonwealth, Commercial
(New Zealand) The company had been found guilty under the Act of abusing its dominant position. The appeal was restricted to whether the dominant position was being used in the way suggested. Would the company have introduced its price cuts if it had not had the dominant position it did have. Held: "while it is legitimate to infer "purpose" from use of a dominant position producing an anti-competitive effect, it may be dangerous to argue the converse that because the anti-competitive purpose was present, therefore there was use of a dominant position." The court appeared to have wrongly inferred an abuse of the dominant position. A dominant firm uses its position of dominance when it engages in price-cutting with a view to recouping its losses without loss of market share by raising prices without fear of reprisals afterwards. Price-cutting is not a badge of the use of dominance, and the court must give appropriate weight to the counterfactual test. Appeal allowed (by a majority)
Commerce Act 1986 36(1)
1 Cites

[ Bailii ]
 
Robert De Maroussem and others (Heirs to the late Paul De Maroussem) v The Commissioner of Income Tax [2004] UKPC 43; Times, 13 September 2004
22 Jul 2004
PC

Commonwealth
PC (Mauritius) The appellant administered an estate. He sold land for development. He thought the sale was taxable as a capital receipt, but should have declared it as income from trading in land. He appealed a finding that he was guilty of 'wilful neglect' and therefore subject to an out of time assesment to income tax. Held: There had been no finding that the failure to disclose was intentional or purposive, or that he must have known the truth. Accordingly there was no basis for the finding of wilful neglect under the statute. Appeal allowed.
(Mauritius) Income Tax Act 1995 130(2)
[ Bailii ] - [ PC ]
 
Glenharrow Holdings Ltd v The Attorney General and Te Runanga O Ngai Tahu [2004] UKPC 42
22 Jul 2004
PC
Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
Commonwealth
(New Zealand) The company challenged a mining licence.
[ Bailii ] - [ PC ]
 
target=''Edgewater Motel Limited and Others v The Commissioner of Inland Revenue
26 Jul 2004
PC

Commonwealth
PC New Zealand
[ PC ]
 
Edgewater Motel Limited and Others v The Commissioner of Inland Revenue
26 Jul 2004
PC

Commonwealth
PC New Zealand
[ PC ]
 
New Zealand Meat Board and Another v Paramount Export Ltd and Another [2004] UKPC 45; 52 of 2003; [2004] BCL 679; [2005] 2 NZLR 447; 27 TCL 30/3; 27 TCL 30/3
26 Jul 2004
PC
Lord Nicholls of Birkenhead Lord Hoffmann Lord Hutton Lord Scott of Foscote Lord Walker of Gestingthorpe
Torts - Other, Commonwealth
(New Zealand) Two meat exporting companies complained that the appellant's failures had led to their own financial failures. The Board had changes its quota allocation system, which failed to allow any export quotas to the company. Held: There was no contract between the companies and the Board requiring any particular allocation of quota. The plaintiff had known that the concession originally given was to be withdrawn, and could not now complain. The cases in estoppel and negligence failed (Lord Nicholls of Birkenhead and Lord Walker of Gestingthorpe dissented on the basis that it was wrong to take a new point on appeal)
PC New Zealand
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Edgewater Motel Ltd and others v Inland Revenue [2004] UKPC 44
26 Jul 2004
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe
Commonwealth, Taxes - Other
(New Zealand) The question was whether a company selling property under a power of sale included in a charge, was liable to pay GST (New Zealand Goods and Services Tax). Held: 'This language could hardly be clearer. Although a sale by a mortgagee is deemed to be a supply in the course of a taxable activity carried on by the mortgagor, it is the mortgagee who must pay the tax. The judge had sought to limit that liability to any balance left over. In fact the payment of the tax was an incident of the sale and therefore fell to be deducted first, with any balance only then being made available to the charge to discharge the debt secured.
[ Bailii ]
 
Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237
25 Aug 2004


Commonwealth, Legal Professions
Austlii (Federal Court of Australia) EVIDENCE – Privilege – Legal professional privilege – Waiver – Letter conveying substance and effect of legal advice to third party – Inconsistency between disclosure and confidentiality – Waiver imputed where final conclusion of legal advice stated – Voluntary disclosure of the conclusion of legal advice waives privilege in relation to undisclosed reasons for conclusion – Disclosure of one conclusion does not necessarily waive privilege in relation to undisclosed conclusions
FREEDOM OF INFORMATION – Appeal from Administrative Appeals Tribunal on question of law – Exempt documents – Documents privileged from production on grounds of legal professional privilege – Principles relating to waiver of privilege in documents otherwise exempt – Decision as to waiver involved an error on a question of law as to correct application of test for waiver of privilege
FREEDOM OF INFORMATION – Administrative Appeals Tribunal – Powers of Tribunal under Freedom of Information Act 1982 (Cth) s 58 – Tribunal empowered to review any decision made by an agency or Minister – Tribunal stands in shoes of relevant agency or Minister for purpose of administrative review – Power of Tribunal to review decision of agency or Minister not severable from power to determine threshold questions in relation to reviewable decision – Tribunal not empowered to review decision to claim exemption from disclosure on grounds of privilege without reviewing validity of privilege claim itself
FREEDOM OF INFORMATION – Exempt documents – Documents privileged from production on grounds of legal professional privilege – Documents containing privileged matter not exempt if used by relevant agency to determine entitlements or obligations of persons generally under an enactment or scheme administered by that agency – Legal advice provided in relation to particular case may fall within this category in some circumstances
ADMINISTRATIVE LAW – Limits upon power of Court on appeal from Administrative Appeals Tribunal
1 Citers

[ Austlii ]
 
Baksh General Wholesalers Limited v Republic Bank Limited [2004] UKPC 46
6 Oct 2004
PC
Lord Bingham of Cornhill, Lord Clyde, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Banking, Land, Commonwealth
(Trinidad and Tobago)
PC Trinidad and Tobago
[ Bailii ] - [ PC ]

 
 Sati Bissessar (in substitution for Ramsaran Bissessar, deceased) (Legal personal representative of the Estate of Bissessar) v Ganase Lall (Administrator ad litem for the estate of Kissoon Lall); PC 7-Oct-2004 - [2004] UKPC 48
 
Sati Bissessar (in substitution for Ramsaran Bissessar, deceased) (Legal personal representative of the Estate of Bissessar) v Ganase Lall (Administrator ad litem for the estate of Kissoon Lall)
7 Oct 2004
PC

Commonwealth
PC Trinidad and Tobago
[ PC ]
 
Jagdeo Sookraj v Buddhu Samaroo [2004] UKPC 50
12 Oct 2004
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Millett, Lord Scott of Foscote, Baroness Hale of Richmond
Commonwealth, Land, Contract
PC (Trinidad and Tobago) Each party claimed to have entered into a contract to purchase the same land. It was contended that one contract had been rescinded and replaced by another. The issue was whether this left the other contract which had been created second but before the rescission now with priority. Held: The contract had been varied, not rescinded. The basis of that finding was established, and the appeal by the second contractor failed.
1 Cites

[ Bailii ] - [ PC ]
 
Stevens Raymond Christian and six others v The Queen [2004] UKPC 52
28 Oct 2004
PC
Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond
Commonwealth, Crime
PC (The Pitcairn Islands) The defendants sought leave to challenge proceedings brought against them alleging sexual offences against children. They said that the proceedings were unlawful because the statutes had not been promulgated on the Pitcairn Islands, and sought a stay pending resolution of those issues. Held: the balance of convenience lay in not staying the proceedings. The issues could properly be decided on appeal against conviction if necessary.
[ Bailii ] - [ PC ]

 
 Thomas Cook (New Zealand) Limited v Inland Revenue; PC 10-Nov-2004 - [2004] UKPC 53
 
Georgeski v Owners Corporation SP49833 (2004) 62 NSWLR 534; [2004] NSWSC 1096
22 Nov 2004

Barrett J
Commonwealth, Land
Austlii (Supreme Court of New South Wales) REAL PROPERTY - Crown lands - licence granted by Crown over site of jetty and slipway on bank of tidal river - nature of rights created - whether jetty and slipway are fixtures - effect of provisions of licence declaring them to be "property of" licensee but precluding alteration, removal and destruction while licence subsists - common law rights of public in relation to tidal foreshore - attenuation thereof by statute - TORTS - trespass to land - whether contractual licensee without right of exclusive possession may maintain action in trespass - Manchester Airport plc v Dutton considered - EQUITY - declaratory relief - whether court should at suit of A declare B's rights against C - lack of utility - postulated rights inconsistent with statutory provision
1 Citers

[ Austlii ]
 
CB Simkin Trust and Another v Inland Revenue [2004] UKPC 55
14 Dec 2004
PC
Lord Bingham of Cornhill, Lord Clyde, Lord Millett, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood
Commonwealth, Income Tax, Intellectual Property
(New Zealand) The taxpayers sought to set off against liability for tax write downs by depreciation of the values of trade marks. The revenue said that these were not "depreciable property" or "depreciable intangible property" within the relevant Act.
[ Bailii ] - [ PC ]
 
Stoeckert v Geddes (Executrix of the estate of Paul Geddes) (No. 2)
14 Dec 2004
PC

Commonwealth
PC Jamaica
[ PC ]
 
Stoeckert v Geddes (Jamaica) [2004] UKPC 54
14 Dec 2004
PC

Commonwealth, Trusts

[ Bailii ]
 
Mount Murray Country Club Limited Conrad Hotels Limited v The Department of Transport of the Isle of Man (2) [2004] UKPC 57
16 Dec 2004
PC

Commonwealth
PC Isle of Man (Staff of Government Division)
[ Bailii ] - [ PC ]
 
Miles Roger Wislang v Medical Council of New Zealand and others
16 Dec 2004
PC

Commonwealth, Health Professions
PC New Zealand
[ PC ]
 
Wislang v Medical Council of New Zealand and others [2004] UKPC 59
16 Dec 2004
PC
Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood
Commonwealth, Health Professions
(New Zealand) The appellant a registered medical practitioner appealed findings of misconduct and restrictions on his practising certificate, particularly practising without a current certificate. He answered saying he undertook only academic work.
[ Bailii ]
 
Griffith and others v The Queen [2004] UKPC 58; [2005] 2 AC 235
16 Dec 2004
PC

Commonwealth, Crime
(Barbados)
1 Citers

[ Bailii ] - [ PC ]
 
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