Tag: Commonwealth

Laila Jhina Mawji and Another v The Queen: PC 4 Dec 1956

Eastern Africa – The two defendants, parties to a valid polygamous marriage, appealed against a conviction of conspiracy to obstruct, prevent, pervert or defeat the course of justice by hiding a wall clock they knew was required for the purpose of an inquiry into a criminal offence.
Held: The rule that a husband and wife cannot conspire together ‘is an example of the fiction that husband and wife are regarded for certain purposes, of which this is one, as in law one person’. The words ‘conspires’ and ‘conspiracy’ in English criminal law were not applicable to a husband and wife alone, and the words ‘other person’ in s 110(a) of the penal code of Tanganyika, if English criminal law were to be applied to their ‘interpretation’ or ‘meaning’, could not, in that context, include a spouse.

Judges:

Oaksey, Tucker, Cohen, Keith of Avonholm, Somervell of Harrow LL

Citations:

[1956] UKPC 40, (1957) 41 Cr App R 69, [1957] 2 WLR 277, [1957] AC 126, [1957] 1 All ER 385

Links:

Bailii

Cited by:

Cited – Bala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445617

John De Freitas v The Queen: PC 10 Jul 1961

(West Indies)

Citations:

[1961] UKPC 33

Links:

Bailii

Citing:

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

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445318

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

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

Judges:

Lord Morris of Borth-y-Gest

Citations:

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

Links:

Bailii

Cited by:

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

Commonwealth, Natural Justice

Updated: 20 September 2022; Ref: scu.445074

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

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

Citations:

[1974] UKPC 30, [1975] AC 520

Links:

Bailii

Commonwealth, Contract

Updated: 19 September 2022; Ref: scu.444368

Eagle Star Insurance Company Limited and Others v National Westminster Finance Australia Limited and Others: PC 24 Jan 1985

(Western Australia) The insurance companies disputed liability to indemnify the owner after the loss of an insured stallion.

Citations:

[1985] UKPC 2, Privy Council Appeal 16 of 1984

Links:

Bailii

Commonwealth, Insurance

Updated: 19 September 2022; Ref: scu.443651

Marley and Others v Mutual Security Merchant Bank and Trust Co Ltd Co: PC 2 Feb 1995

(Jamaica)

Citations:

[1995] UKPC 3

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Marley and 11 Others v Mutual Security Merchant Bank and Trust Co Ltd Co PC 15-Oct-1990
BANKING – EQUITY, TRUSTS, PROBATE ADMINISTRATOR’S POWERS OF INVESTMENT Bank as sole administrator cannot invest estate funds in its own deposits in the absence of express sanction in the trust instrument.
Lord Oliver of Aylmerton said: ‘A . .
Lists of cited by and citing cases may be incomplete.

Commonwealth

Updated: 17 September 2022; Ref: scu.442314

Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors (of Navigator Holdings Plc and Others): PC 16 May 2006

(Isle of Man) A scheme of arrangement was proposed for a company with involvement in several jurisdictions. An order in New York sought assistance in the vesting of shares and assets in the Isle of Man in the creditors committee. Cambridge was a majority shareholder in the Isle of Man company, but had no involvement in the New York proceedings and resisted the vesting order.
Held: The appeal failed. If the New York order was in rem, then it could not affect title to shares in the Isle of Man. If in personam, the court had a wide common law discretion, but the action had been brought against the wrong party. However the order was neither: ‘The purpose of bankruptcy proceedings . . is not to determine or establish the existence of rights, but to provide a mechanism of collective execution against the property of the debtor by creditors whose rights are admitted or established. That mechanism may vary in its details.’
The Manx court had jurisdiction to assist the committee of creditors, as appointed representatives under the Chapter 11 order, to give effect to the plan. As there was no suggestion of prejudice to any creditor in the Isle of Man or local law which might be infringed, there was no discretionary reason for withholding such assistance.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hutton, Lord Rodger of Earlsferry, Lord Carswell

Citations:

[2006] UKPC 26, [2007] 1 AC 508, [2006] 3 WLR 689

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Solomons v Ross 1764
A firm in Amsterdam was declared bankrupt and assignees were appointed. An English creditor brought garnishee proceedings in London to attach andpound;1200 owing to the Dutch firm.
Held: The court decreed that the bankruptcy had vested all the . .
Cited – Wight, Pilling, Mackey v Eckhardt Marine GmbH PC 14-May-2003
(Cayman Islands) An international bank went into liquidation in the Cayman Islands, with liabilities in Bangladesh. A new bank was created in Bangladesh, and the applicants sought to make the new bank liable, and through them the liquidators.
Cited – In re Lines Bros Ltd CA 1982
The liquidators in a creditors voluntary liquidation converted foreign currency debts of the company into Sterling at the rate of exchange prevailing at the date of the resolution to wind up. As a result of the depreciation of Sterling against the . .
Cited – Re Davidson’s Settlement Trusts 1873
English moveables may vest automatically in a foreign trustee or assignee where the bankrupt submitted to this jurisdiction. . .
Cited – Ayerst (Inspector of Taxes) v C and K (Construction) Ltd HL 1976
A resolution or order for winding up of a company divests it of the beneficial interest in its assets. They become a fund which the company thereafter holds in trust to discharge its liabilities. Where a company is wound up in this country, its . .
Cited – Borland’s Trustee v Steel Brothers 1901
Farwell J defined a share: ‘a share is the interest of a shareholder in the company measured by a sum of money, for the purpose of liability in the first place, and of interest in the second’. . .
Cited – Re Oceanic Steam Navigation Co Ltd 1939
In the case of an insolvent company, in which the shareholders have no interest of any value, the court may sanction a scheme which leaves them with nothing. . .

Cited by:

Cited – McGrath and others v Riddell and others HL 9-Apr-2008
(Orse In Re HIH Casualty and General Insurance Ltd)
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court.
Cited – LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others SC 17-May-2017
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus.
Held: The . .
Cited – Global Distressed Alpha Fund 1 Ltd Partnership v Pt Bakrie Investindo ComC 17-Feb-2011
Action on an instrument of guarantee.
Held: judgment for the Claimant in respect of the principal sum of US$2m. and such interest payments as were due. . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 11 September 2022; Ref: scu.241830