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.
International - From: 1995 To: 1995
This page lists 12 cases, and was prepared on 08 August 2015.
in Re K (Abduction: Consent: Forum Conveniens); 1995 - [1995] 2 FLR 211
Stratton Oakmont Inc -v- Prodigy Services Co; 1995 - (1995) 23 Media L Rep 1794; (1995) 63 US Law Week 2765; [1995] NY Misc Lexis 229
Westland Helicopters Ltd -v- Arab Organisation for Industrialisation [1995] QB 282
1995
Arbitration, International
International arbitration proceedings under a joint venture agreement had led to an award in Westland's favour against the Organisation. The award was converted into a judgment and Westland obtained garnishee orders nisi against six London banks. Colman J was faced with a claim by an Egyptian intervener to be the same as (or a successor to) the Organisation by virtue of domestic Egyptian laws. The justification for such laws was in issue but was said by the intervener to lie in an international law principle of necessity which was in turn said to be invoked by breach by the other member states setting up the Organisation of the treaty by which it was set up. Colman J held such issues to be non-justiciable.
1 Citers
Simon Engineering Plc & Another -v- Butte Mining & Another (No 2) [1996] 1 Lloyd's Rep 91
27 Feb 1995
ComC
Rix J
Litigation Practice, International
cw Procedure - Interlocutory injunction - anti-suit injunction - injunction to prevent appeal in the US from being pursued - foreign court pronounced itself to be without jurisdiction - natural forum - foreign proceedings oppressive
Minister of State for Immigration & Ethnic Affairs -v- Ah Hin Teoh (1995) 128 ALR 353; [1995] HCA 20; (1995) 69 ALJR 423; (1995) 183 CLR 273
7 Apr 1995
Deane, Toohey, Gaudron, McHugh JJ
Commonwealth, Human Rights, International, Immigration
Austlii (High Court of Australia) International Law - Treaties - Convention ratified by Australia but not implemented by statute - Status in domestic law - Whether giving rise to legitimate expectations.
Immigration - Application for permanent entry - Applicant - Married man with children in Australia - Policy requirement that applicants be of good character - Applicant convicted and imprisoned before application dealt with - Application refused because of conviction - Convention requiring governmental actions concerning children to give primary consideration to best interests of child - Convention ratified by Australia but not incorporated by statute in Australian domestic law -Whether capable of giving rise to legitimate expectation that application would be dealt with in accordance with Convention - Convention on Rights of Child, Art 3 - Migration Act 1958 (Cth), ss 6(2), 6A(1), 16(1)(c).
1 Citers
[ Austlii ]
Abnett -v- British Airways Plc (Scotland); IHCS 28-Apr-1995 - Times, 22 June 1995; 1996 SLT 529
Case Concerning East Timor (Portugal -v- Australia) Times, 18 July 1995
18 Jul 1995
ICJ
International
Indonesia not accepting jurisdiction of International Court of Justice not bound by it. The Court refused, in the absence of Indonesia as a party, to entertain a claim brought by Portugal challenging Australia's right to conclude a treaty with Indonesia to delimit the continental shelf in the area of the Timor Gap. Portugal's claim was based on the proposition that it alone remained in law the administering power in respect of East Timor, despite the Portuguese authorities' withdrawal from East Timor in 1975 followed by Indonesia's intervention in and control of East Timor since 1975. Portugal's claim against Australia necessarily depended upon showing that Indonesia had acquired no legal status in respect of East Timor and that Australia and Indonesia therefore had no right to enter into the Treaty. The very subject-matter of Portugal's claim was the lawfulness of Indonesia's conduct. But the Court also made clear that it was "not necessarily prevented from adjudicating when the judgment it is asked to give might affect the legal interests of a State which is not party to the case"
1 Citers
Picarda and others -v- Picarda and Another [1995] EWCA Civ 39
25 Jul 1995
CA
Staughton, Rose, Pill LJJ
International, Wills and Probate
[ Bailii ]
Marinari -v- Lloyd's Bank Times, 19 October 1995; C-364/93; [1995] ECR I-2719; [1995] EUECJ C-364/93; [1996] QB 217
19 Sep 1995
ECJ
International, European
A 'harmful event' occurred where the physical damage was suffered and not at the time and place of a later financial loss.
Europa The term "place where the harmful event occurred" in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters does not, on a proper interpretation, cover the place where the victim claims to have suffered financial damage folowing upon initial damage arising and suffered by him in another Contracting State. Although that term may cover both the place where the damage occurred and the place of the event giving rise to it, it cannot be construed so extensively as to encompass any place where the adverse consequences can be felt of an event which has already caused damage actually arising elsewhere.
1 Citers
[ Europa ] - [ Bailii ]
New Zealand -v- France Times, 06 October 1995
6 Oct 1995
ICJ
International
Court had no power to re-open 1974 case against French nuclear tests.
Macmillan Inc -v- Bishopsgate Investment Trust Plc and Others (No 3); CA 2-Nov-1995 - Ind Summary, 11 December 1995; Gazette, 29 November 1995; Times, 07 November 1995; [1996] 1 WLR 387; [1995] EWCA Civ 55; [1996] 1 All ER 585
Egon Olderndorff -v- Liberia Corporation Ind Summary, 18 December 1995
18 Dec 1995
QBD
International
Contract made in standard English type format and clauses was governed by English Law.
Rome Convention 1980 3
