Infobox Court Case name Hematite Petroleum PtyLtdv Victoria court High Court of Australia image Australia coa.png date decided 5 August 1983 full name Hematite Petroleum PtyLtdv Victoria citations http www.austlii.edu.au au cases cth high ct 151clr599.html 1983 151 CLR 599 judges Harry Gibbs Gibbs CJ, Anthony Mason judge Mason , Lionel Murphy Murphy , Ronald Wilson Wilson , Gerard Brennan Brennan and William Deane Deane JJ prior actions none subsequent actions none opinions Hematite Petroleum PtyLtdv Victoria 1983 151 Commonwealth Law Reports CLR 599 is a High Court of Australia case that deals with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution . Background The plaintiffs sought a declaration that the tax imposed in the Pipelines Act 1967 Victoria Australia Vic , as amended by the Pipelines Fees Act 1981 Vic , was invalid for being an excise duty contrary to section 90. The pipeline operation fee for the financial year 1981 1982 was 10 million for the trunk pipelines. These pipelines were used for the transportation of gas liquids and crude oil, which formed an integral step in the production of the products sold by the plaintiffs . Decision Mason J restated the rejection of the narrow view of excise, but noted that the broad view was tempered by the insistence of the Court that there be a strict relationship between the tax and the goods the criterion of liability approach , and the problem of defining that relationship. He referred to the formulation in Bolton v Madsen , which has not emerged unscathed from the more recent decisions on s 90 for example, there was Barwick CJ s formulation of a variety of factors in Anderson s PtyLtdv Victoria . His Honour notes that section 90 would do very little to add to the powers of the Commonwealth s economic and financial powers, if the States were allowed to circumvent the prohibition in section 90 through the criterion of liability approach. Since section ... more details
Infobox Court Case name Anderson s PtyLtdv Victoria court High Court of Australia image Australia coa.png date decided 17 December 1964 full name Anderson s PtyLtdv Victoria citations http www.austlii.edu.au au cases cth high ct 111clr353.html 1964 111 CLR 353 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies and Victor Windeyer Windeyer JJ prior actions none subsequent actions none opinions Anderson s PtyLtdv Victoria 1964 111 Commonwealth Law Reports CLR 353 is a High Court of Australia case that dealt with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution . In this case, following on from such cases as Dennis Hotels PtyLtdv Victoria , Barwick CJ accepted the broad approach to the definition of an excise, but rejected the formalistic criterion of liability approach for determining if the excise falls at the relevant step. He adopted the substance over form approach, or the substantial effects doctrine, in that there are many factors to be considered, for example, the indirectness of the tax, its effect on the cost of goods and its proximity to the production or distribution of the goods. See also Section 90 of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth high ct 111clr353.html Full text of the decision Category High Court of Australia cases Category 1964 in Australia Category Australian constitutional law Category Excise in the Australian Constitution cases Category 1964 in case law ... more details
Infobox Court Case name Dickenson s Arcade PtyLtdv Tasmania court High Court of Australia image Australia coa.png date decided 1 April 1974 full name Dickenson s Arcade PtyLtdv Tasmania citations http www.austlii.edu.au au cases cth high ct 130clr177.html 1974 130 CLR 177 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Douglas Menzies Menzies , Harry Gibbs Gibbs , Ninian Stephen Stephen and Anthony Mason judge Mason JJ prior actions none subsequent actions none opinions 5 1 A licensing scheme with a backdating mechanism is not an excise small per Barwick CJ, Menzies, Gibbs, Stephen & Mason JJ McTiernan J dissenting small Dickenson s Arcade PtyLtdv Tasmania 1974 130 Commonwealth Law Reports CLR 177 is a High Court of Australia case that dealt with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution . In this case, the Act in question imposed licences for the sale of tobacco, and the fee was calculated as being 2.5 percent of the retail value of tobacco sold in the 12 month period ending 6 months prior to the licence period. Three judges, namely Gibbs, Menzies and Stephen JJ, applied the criterion of liability approach and held that the fee was not an excise and thus not invalid by section 90 see Dennis Hotels PtyLtdv Victoria . Barwick CJ and Mason J, while disapproving of the criterion of liability approach, felt bound to follow the precedent set by Dennis Hotels , since the facts of that cases were quite similar to those in this case. The Court, with the exception of McTiernan J, excluded consumption taxes from duties of excise, although such taxes are frequently also a tax on the sale of goods. See also Section 90 of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth high ct ... more details
Infobox Court Case name Murphyores Inc PtyLtdv Commonwealth court High Court of Australia image Australian coat of arms 1912 edit.png date decided April 14, 1976 full name Murphyores Inc PtyLtdv The Commonwealth of Australia citations http www.austlii.edu.au au cases cth high ct 136clr1.html 1976 136 CLR 1 , http www.austlii.edu.au au cases cth HCA 1976 20.html & 091 1976& 093 HCA 20 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Harry Gibbs Gibbs , Ninian Stephen Stephen , Anthony Mason judge Mason , Kenneth Jacobs Jacobs & Lionel Murphy Murphy JJ prior actions none subsequent actions none opinions 7 0 Section 112 of the Customs Act 1901 Cth was a constitutionally valid law under the trade and commerce power small per Barwick CJ, McTiernan, Gibbs, Stephen, Mason, Jacobs & Murphy JJ small Murphyores Inc PtyLtdv Commonwealth 1976 136 Commonwealth Law Reports CLR 1 1976 HCA 20, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in Section 51 i of the Australian Constitution section 51 i of the Australian Constitution Constitution . Background Section 112 of the http www.austlii.edu.au au legis cth consol act ca1901124 Customs Act 1901 Cth prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc PtyLtd, which held leases from the state of Queensland to mine mineral sands on Fraser Island , sought permission from the Minister to export mineral sands. Such authorisation was withheld pending the outcome of an environmental inquiry. Murphyores challenged the constitutional validity of prohibition and sought an injunction to the study, and a declaration that the Minister cannot make a prohibition for environmental purposes. Decision In a unanimous decision, the court held the legislation was a valid exercise of the trade and commerce power. Section 51 i of the Australian Constitution Section 51 i was a non purposive power, and the only relevant factor was the subject ... more details
orphan date January 2008 Infobox Court Case name Bath v Alston Holdings PtyLtd court High Court of Australia image Australian coat of arms 1912 edit.png date decided 7 June 1988 full name Bath v Alston Holdings PtyLtd citations http www.austlii.edu.au au cases cth high ct 165clr411.html 1988 165 CLR 411 judges Anthony Mason judge Mason CJ, Ronald Wilson Wilson , Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey judge Toohey and Mary Gaudron Gaudron JJ prior actions none subsequent actions none opinions 4 3 The retail fee in question was found to be discriminatory and protectionist in relation to interstate trade small per Mason CJ, Brennan, Deane & Dawson JJ Wilson, Toohey & Dawson JJ dissenting small Bath v Alston Holdings PtyLtd 1988 165 Commonwealth Law Reports CLR 411 is a High Court of Australia case that discusses the application of the freedom of interstate trade, as specified in Section 92 of the Australian Constitution section 92 of the Constitution of Australia Australian Constitution . This case followed the unanimous decision of Cole v Whitfield regarding the interpretation of section 92 as about free trade as opposed to individual rights. Background The Business Franchise Tobacco Act 1974 Victoria Australia Vic imposed a licensing scheme for the sale of tobacco . For retailers, the fee was composed of a flat fee and an amount equal to 25 of the value of the tobacco sold in the previous twelve months. The Act also made for the provision of wholesalers, and tobacco bought by retailers from Victorian wholesalers would not be taken ... sold. The defendant, Alston Holdings PtyLtd, was a tobacco retailer in Victoria, who imported ... to challenge the Act on section 92 grounds. Decision The unanimous decision in Cole v Whitfield soothed ... came only weeks later, brought with it a split bench, but as suggested in Castlemaine Tooheys Ltdv South Australia 1990 169 CLR 436, The difference ... flowed more from disagreement about the appropriate ... more details
Infobox Court Case name Nationwide News PtyLtdv Wills court High Court of Australia image Australia coa.png date decided 30 September 1992 full name Nationwide News PtyLtdv Wills citations http www.austlii.edu.au au cases cth HCA 1992 46.html 1992 177 CLR 1 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey judge Toohey , Mary Gaudron Gaudron and Michael McHugh McHugh JJ prior actions none subsequent actions none opinions 7 0 The law in question was held to be invalid small per Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron & McHugh JJ small Nationwide News PtyLtdv Wills 1992 177 Commonwealth Law Reports CLR 1 is a High Court of Australia case that deals with a number of issues regarding the Constitution of Australia Australian Constitution , including freedom of interstate intercourse Section 92 of the Australian Constitution section 92 , the implied freedom of political communication, and the role of proportionality. Background The Industrial Relations Act 1988 Cth made it an offence to bring the Australian Industrial Relations Commission into disrepute. Nationwide News published an article attacking the integrity and independence of the Commission. Nationwide News argued that the Act infringed the implied freedom of political communications, while the Commonwealth argued that the Act was valid under Section 51 xxxv of the Australian Constitution section 51 xxxv conciliation and arbitration power , as well as Section 51 xxxix of the Australian Constitution section 51 xxxix express incidental power . Decision Interstate intercourse Although it was not a decisive factor, it was argued that freedom of communication falls under freedom of interstate intercourse. Per Brennan J, the protection in section 92 is given to such things as the movement of people, goods and communications. The essential ingredient is that there is movement across State boundaries, although the movement need not be perceivable ... more details
Infobox Court Case name Dennis Hotels PtyLtdv Victoria court High Court of Australia image Australian coat of arms 1912 edit.png date decided 26 February 1960 full name Dennis Hotels PtyLtdv Victoria citations http www.austlii.edu.au au cases cth high ct 104clr529.html 1960 104 CLR 529 judges Owen Dixon Dixon CJ, Edward McTiernan McTiernan , Wilfred Fullagar Fullagar , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies and Victor Windeyer Windeyer JJ prior actions none subsequent actions none opinions 4 3 The fee for the renewal of a liquor retailer s licence was held not to be an excise small per Fullagar, Kitto, Menzies & Taylor JJ small 4 3 The fee for the temporary licence was held to be an excise small per Dixon CJ, McTiernan, Menzies & Windeyer JJ small Dennis Hotels PtyLtdv Victoria 1960 104 Commonwealth Law Reports CLR 529 is a High Court of Australia case that deals with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution , which prohibits States from levying customs or excise duties. Although some of the judges used the now discredited criterion of liability approach, this case remains authority for cases that are factually similar to it. Background The Licensing Act 1958 Vic contained two sections of contention. Section 19 1 a imposed fees for the grant or renewal of liquor licences, and the fee was calculated as 6 percent of the value of liquor purchased during the 12 months up to June 30 of the previous year. Section 19 1 b imposed fees for temporary licences, and the fee would be 1 Australian pound pound per year together with 6 percent of the value of liquor purchased. Decision Three judges, Fullagar, Kitto and Taylor JJ, used the highly formalistic criterion of liability approach which has since been discredited to decide this case. In this approach, the fees were not viewed ..., applying the minority judgment in Parton v Milk Board Vic . However, in deciding the character ... more details
Milirrpum v Nabalco PtyLtd , 1971 17 FLR 141 the Gove land rights case , was the first litigation on native title in Australia . The decision of Justice Richard Blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of aboriginal title in favor of terra nullius . Although Milirrpum was not appealed beyond the Supreme Court of the Northern Territory , it was overruled by the High Court of Australia two decades later in Mabo v Queensland No 2 1992 . Blackburn, in a confidential memorandum to the government and opposition, opined that a system of Aboriginal land rights was morally right and socially expedient . ref National Archives of Australia, confidential memorandum provided to government and opposition by Justice Blackburn urging the establishment of a statutory system of land rights, 1972, released 31 Dec 2001 ref The judgement concludes I cannot help being specially conscious that for the plaintiffs it is a matter in which their personal feelings are involved. ref 1971 71 FLR 141 at 293. ref Background main Native title in Australia In December 1968, the Yolngu people living in Yirrkala, Northern Territory Yirrkala , who were the traditional owners of the Gove Peninsula in Arnhem Land , obtained writs in the Supreme Court of the Northern Territory against the Alcan Nabalco Corporation, which had secured a twelve year bauxite mining lease from the Federal Government. Their goal was to establish in law their rightful claim to their homelands. The Yolngu people claimed they enjoyed legal and sovereignty sovereign rights over their land and sought declarations to occupy the land free from interference pursuant to their native title rights. The Yolngu people had petitioned the Australian House of Representatives in August 1963 in Australia 1963 with a Yirrkala bark petitions bark petition after the government sold part of the Arnhem ... reflist DEFAULTSORT Milirrpum v Nabalco PtyLtd Category Native title case law in Australia ... more details
LB Plastics Ltd. v. Swish ProductsLtd. , ref 1979 R.P.C. 551, 1979 F.S.R. 145 H.L. ref ref cite web url http docs.law.gwu.edu facweb claw ch3a.htm Swish title Chapter 3A I.P. Protection of Digital Rights in the New Millennium publisher docs.law.gwu.edu accessdate 2008 12 23 last first ref is a 1979 decision of the Judicial functions of the House of Lords House of Lords as to whether a physical object is an infringing copy of a drawing depicting the object. The House of Lords held that it is, at least when an ordinary person could recognize that physical object was that which the drawing depicted. The House of Lords later reaffirmed the principle stated in this case in British Leyland Motor Corp. v. Armstrong Patents Co. , ref http www.uea.ac.uk n045 courses 2004 IIPL documents british leyland.pdf Leyland 1986 A.C. 577, 1986 All E.R. 850 H.L. ref ref cite web url http docs.law.gwu.edu facweb claw ch3a.htm Leyland title Chapter 3A I.P. Protection of Digital Rights in the New Millennium publisher docs.law.gwu.edu accessdate 2008 12 23 last first ref saying that it must be regarded as settled law . The Judicial Committee of the Privy Council in Canon K.K. v. Green Cartridge Co. ref 1997 A.C. 728, 1997 F.S.R. 817. ref again reaffirmed the principle. The position under United States United States copyright law federal copyright law is diametrically opposite. ref See, e.g., Muller v. Triboro Bridge Authority, 43 F. Supp. 298 S.D.N.Y. 1942 . See also Copyright , section captioned What is a copy? ref See also Copyright law of the United Kingdom References reflist DEFAULTSORT Lb Plastics Ltd. V. Swish ProductsLtd. Category House of Lords cases Category United Kingdom copyright case law Category 1979 in the United Kingdom Category 1979 in case law UK law stub ... more details
Infobox Court Case name Shanklin Pier Ltdv Detel ProductsLtd court High Court of Justice King s Bench Division image Muelle El Quisco 02.JPG date decided full name citations 1951 2 KB 854 judges McNair J prior actions subsequent actions opinions transcripts keywords collateral contracts, consideration, privity of contract Shanklin Pier Ltdv Detel ProductsLtd 1951 2 KB 854 is a leading judgment on the subject of collateral contract s in English contract law . In it the High Court of Justice King s Bench Division created the principle of collateral contracts, an exception to the rule of privity of contract where a contract may be given Consideration under English law consideration by entering into another contract. Facts Shanklin Pier Ltd hired a contractor to paint Shanklin Pier . They spoke to Detel ProductsLtd about whether a particular paint was suitable to be used, and Detel assured them that it was, and that it would last for at least seven years. ref name beale Beale 2002 p.55 ref On the basis of this conversation Shanklin Pier Ltd instructed the contractors to use a particular paint, which they did. The paint started to peel after three months, and Shanklin Pier attempted to claim compensation from Detel Products. ref name beale This was complicated by the fact that there was no direct contract between the two companies, only between Shanklin Pier and the contractors, and between the contractors and Detel Products. Judgment McNair J s judgment read Cquote This case raises an interesting and comparatively novel question whether or not an enforceable warranty can arise as between parties other than parties to the main contract or the sale of the article in respect of which the warranty is alleged to have been given.... I am satisfied that, if a direct contract of purchase and sale of the paint had then been made between the plaintiffs and the defendants, the correct ... the principles stated by Sir John Holt Holt CJ in Crosse v Gardner and Medina v Staughton that an affirmation ... more details
Infobox Court Case name Kaur v MG Rover Group Ltd court Court of Appeal image MG Rover Corporate Logo.jpg caption date decided full name citations 2004 http www.bailii.org ew cases EWCA Civ 2004 1507.html EWCA 1507 judges prior actions subsequent actions opinions transcripts keywords Employment contract Kaur v MG Rover Group Ltd 2004 http www.bailii.org ew cases EWCA Civ 2004 1507.html EWCA 1507 is a UK labour law case concerning the contract of employment . It held that promises to make no compulsory redundancies in a collective agreement were aspirational and not apt for being incorporated into individual contracts of employment. This meant that, aside from the collective agreement being unenforceable under TULRCA 1992 section 179, the promises to employees could be broken. Facts The car manufacturer, MG Rover was in trouble. Mrs Kaur s contract said, Cquote Employment with the company is in accordance with and, where appropriate, subject to collective agreements Her work place collective agreement was called The Way Ahead Partnership Agreement signed in 1997, which in Job Security 2.1. said the fllowing. Cquote As with the successful introduction of Rover Tomorrow The New Deal , THERE WILL BE NO COMPULSORY REDUNDANCY. Mrs Kaur was threatened with redundancy in 2003 . She claimed an injunction against being dismissed. Judgment Keene LJ said that even when there were express words, the question was whether the context and character of the agreement made them apt for incorporation into individual contracts. Therefore the agreement was not intended to create individual rights ... employment contract UK labour law Employment contract in English law Autoclenz Ltdv Belcher 2011 ... is important. It describes enabling employees who want to work for Rover to stay with Rover as an objective ..., as with the successful introduction of Rover Tomorrow The New Deal , which suggest that the statement ... about employees being able to stay with Rover were not contractual commitments. Thirdly, paragraph ... more details
Unreferenced date February 2010 Infobox Court Case name Kirmani v Captain Cook Cruises PtyLtd No 2 court High Court of Australia date decided 17 April 1985 full name Kirmani v Captain Cook Cruises PtyLtd No 2 citations http www.austlii.edu.au au cases cth HCA 1985 27.html 1985 159 CLR 461 1985 HCA 27 judges Harry Gibbs Gibbs CJ, Anthony Mason judge Mason , Ronald Wilson Wilson Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson JJ prior actions Kirmani v Captain Cook Cruises PtyLtd No 1 1985 HCA 8 1985 159 CLR 351 subsequent actions none opinions per curiam The circumstance that a question is of great importance and that opinions are divided upon it does not provide a reason for granting a certificate. Questions of constitutional importance should be finally decided by the High Court and the jurisdiction to grant a certificate under s 74 is obsolete. Kirmani v Captain Cook Cruises PtyLtd No 2 1985 HCA 27 1985 159 Commonwealth Law Reports CLR 461, was a decision handed down in the High Court of Australia on 17 April 1985 concerning Section 74 of the Australian Constitution section 74 of the Constitution of Australia . The Court denied an application by Attorney General for Queensland for a certificate that the questions of law arising from the Court s decision in Kirmani v Captain Cook Cruises PtyLtd No 1 ought to be determined by the Judicial Committee of the Privy Council Privy Council . Up until the Kirmani v Captain Cook Cruises PtyLtd No 2 case, decisions of the High Court of Australia could be appealed to the Privy Council, if the High Court allowed it. In this case, en banc every judge decided that the High Court itself would be the final court of appeal for Australian legal cases. References reflist Category High Court of Australia cases Category Australian constitutional law Category 1985 in Australia Category 1985 in case law australia law stub ... more details
Infobox Court Case name Burnie Port Authority v General Jones PtyLtd court High Court of Australia date decided 24 March 1994 full name Burnie Port Authority v General Jones PtyLtd citations http www.austlii.edu.au au cases cth high ct 179clr520.html 1994 179 CLR 520 , http www.austlii.edu.au au cases cth HCA 1994 13.html & 091 1994& 093 HCA 13 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey judge Toohey , Mary Gaudron Gaudron & Michael McHugh McHugh JJ prior actions Mabo v Queensland 1988 Mabo v The State of Queensland 1988 subsequent actions none opinions 5 2 Authority liable to General Jones under ordinary principles of negligence appeal dismissed. small per Mason CJ, Deane, Dawson, Toohey, Gaudron JJ small Burnie Port Authority v General Jones PtyLtd 1994 179 CLR 520 is a tort law case from the High Court of Australia , which decided it would abolish the rule in Rylands v. Fletcher . Facts A fire, caused by an independent contractor s employee welding negligently, began on the defendant s premises and spread to a nearby property. The property was burnt. The plaintiff sued under nuisance , negligence and the rule in Rylands v. Fletcher . Judgment The High Court held that Rylands involved quite unacceptable uncertainty 540 . It said that Blackburn J s formulation had been all but obliterated by subsequent ... to a miscellany of disparate categories of cases and only with Heaven v. Pender 1883 11 QBD 503 and Donoghue v. Stevenson 1932 AC 562, 580 was liability grounded on general foreseeability 543 ... on the basis of Rylands v Fletcher principle. The grounds of nuisance and negligence were not appealed. Appealed to the High Court of Australia See also Transco plc v Stockport MBC External links http www.austlii.edu.au au cases cth HCA 1994 13.html Burnie Port Authority v General Jones PtyLtd & 091 1994& 093 HCA 13 1994 179 CLR 520 1994 Aust Torts Reports 81 264 1994 120 ALR 42 1994 68 ... more details
Australian National Airways PtyLtdv Commonwealth No 1 1945 71 Commonwealth Law Reports CLR 29 most commonly known as Australian National Airways PtyLtdv Commonwealth and also referred to as The Airlines Case or the ANA Case was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under sections Section 51 i of the Australian Constitution 51 and Section 92 of the Australian Constitution 92 of the Constitution of Australia Australian Constitution . The outcome of the case was that the Federal Government could found a federally owned airline , but it could not hinder private sector competition with that airline. Background In mid 1945, the Australian Labor Party Labor Federal Government of Prime Minister of Australia Prime Minister Ben Chifley introduced a Bill proposed law bill into in the Australian House of Representatives House of Representatives that would have the effect of nationalising interstate Airlines in Australia. ref name UQP 1987 Galligan PoliticsoftheHighCourt cite book last Galligan first Brian title Politics of the High Court publisher University of Queensland Press year 1987 chapter 4 accessdate 7 April 2010 ref At the time, Australian National Airways ANA was the dominant National airline domestic carrier in Australia. ref name UQP 1987 Galligan PoliticsoftheHighCourt After the bill received Royal assent Other Commonwealth realms Royal Assent as the Australian Airlines Act 1945 , ref name Documents in control of the liquidators of Ansett Australia Limited ACN 004 209 410 cite web url http www.ansett.com.au ... 41.html title Australian National Airways PtyLtdv Commonwealth No 1 Airlines Nationalisation case ... in Australian National Airways PtyLtdv Commonwealth No 2 1946 71 Commonwealth Law Reports ... Airways PtyLtdv Commonwealth No 2 publisher Austlii accessdate 8 April 2010 ref See also Two ... DEFAULTSORT Australian National Airways PtyLtdV Commonwealth Category 1945 in Australia Category Australian ... more details
Infobox Court Case name P J Magennis PtyLtdv Commonwealth court High Court of Australia image Australia coa.png date decided 21 December 1949 full name P J Magennis PtyLtdv The Commonwealth citations http www.austlii.edu.au au cases cth HCA 1949 66.html 1949 80 CLR 382 judges John Latham jurist Latham CJ, George Rich Rich , Owen Dixon Dixon , Edward McTiernan McTiernan , Dudley Williams Williams and William Webb judge Webb JJ prior actions none subsequent actions none opinions 4 2 The law is invalid for not acquiring property on just terms small per Latham CJ, Rich, Williams & Webb JJ Dixon & McTiernan dissenting small P J Magennis PtyLtdv Commonwealth 1949 80 Commonwealth Law Reports CLR 382 is a High Court of Australia case that deals with the Commonwealth s power of acquisition of property, which must be on just terms, as specified in section 51 xxxi of the Constitution of Australia Australian Constitution . The Commonwealth government wished to purchase land for resettlement after World War II . Because the States are not required to acquire property on just terms, the Commonwealth government entered into a deal with the New South Wales government, which would purchase the land for a lower price. The Commonwealth government would then pay the New South Wales government in the form of a grant Section 96 of the Australian Constitution section 96 The majority characterised the law as being one of acquiring real property, instead of the grants power. Consequently, the law was amended to remove references to the acquisition of property. This resulted in the later case of Pye v Renshaw . See also Section 51 of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth HCA 1949 66.html Full text of the decision Category High Court of Australia cases Category 1949 ... more details
Infobox Court Case name Swift Australian Co PtyLtdv Boyd Parkinson court High Court of Australia image Australian coat of arms 1912 edit.png date decided 8 August 1962 full name Swift Australian Co PtyLtdv Boyd Parkinson citations http www.austlii.edu.au au cases cth high ct 108clr189.html 1962 108 CLR 189 judges Owen Dixon Dixon CJ, Edward McTiernan McTiernan , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies , Victor Windeyer Windeyer and William Owen judge Owen JJ prior actions none subsequent actions none opinions 6 1 Regulation 5 of the Customs Act did not cover the regulation of mixed export and domestic meat producers. small per Dixon CJ, McTiernan, Kitto, Taylor, Menzies & Windeyer JJ small Swift Australian Co PtyLtdv Boyd Parkinson 1962 108 Commonwealth Law Reports CLR 189 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51 i of the Australian Constitution Constitution . Background Swift the appellant was a company incorporated in Queensland which conducted a business in the meat and meat exporting trade in that state and elsewhere. The company owned a building in Maryborough, Queensland Maryborough where it conducted a number of operations including the killing and treatment of poultry. It was registered under the Commonwealth Commerce Meat Export Regulations made under the Customs Act 1901 1960. It was registered as an establishment at which a long list of operations was allowed to take place, including the Slaughtering, chilling, freezing and storage of poultry for export . While Swift was in possession of a Commonwealth licence for the production and export of poultry, it did not have the relevant state licence for the same purpose, as mandated under the Poultry Industry Acts, 1946 to 1959 of the State of Queensland. Swift was subsequently convicted by a Court of Petty ... in the negative, distinguishing the case from O Sullivan v Noarlunga Meat Ltd , where all of the meat ... more details
Use dmy dates date August 2010 Infobox Court Case name Australian Capital Television PtyLtdv Commonwealth italic title force court High Court of Australia image Australian coat of arms 1912 edit.png date decided 30 September 1992 full name Australian Capital Television PtyLtd & Ors v Commonwealth New South Wales v Commonwealth & Anor citations http www.austlii.edu.au au cases cth high ct 177clr106.html 1992 177 CLR 106 , http www.austlii.edu.au au cases cth HCA 1992 45.html & 091 1992& 093 HCA 45 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey judge Toohey , Mary Gaudron Gaudron & Michael McHugh McHugh JJ prior actions none subsequent actions none opinions 5 2 the Australian Constitution Constitution provides for a system of responsible government , and the right to free political communication is an indispensable part of that system small per Mason CJ, Brennan, Deane, Toohey & Gaudron JJ small 4 3 part IIID of the Broadcasting Act 1942 was invalid, because it contravened this implied right small per Mason CJ, Deane, Toohey & Gaudron JJ Brennan and McHugh JJ dissenting in part small Australian Capital Television v Commonwealth 1992 177 Commonwealth Law Reports CLR 106 was a significant court legal case case decided in the High Court of Australia on 30 September 1992. It concerned the constitutional validity of Part IIID of the Broadcasting Act 1942 , which regulated political advertising during election campaigns, and required broadcasters to broadcast political advertisements free of charge at other times. The High Court found the laws to be invalid, since they contravened an implied right to freedom of political communication note there is no guarantee of freedom of speech in the Australian Constitution . Background to the case In 1991, the Government of Australia the Commonwealth under Prime Minister ... Australian Capital Television PtyLtdV Commonwealth Category Australian constitutional law ... more details
Infobox Company company name Milkor PtyLtd company logo foundation 1981 location Pretoria, South Africa Pretoria , South Africa key people Chairman Andries C Piek area served world wide industry weapon s manufacturing products Milkor 40mm UBGL , Milkor 37 38mm STOPPER convertible , Milkor 37 38mm Pistol , Milkor 40mm MGL Mk 1S , Milkor 40mm MGL Mk1L , Milkor 40mm MRGL , Milkor 37 38mm MAR , 37 38 and 40mm Accessories homepage http milkor.co.za index.html Milkor PtyLtd Home Milkor PtyLtd is a privately owned South African company established in 1981. Milkor is very widely known for its 40mm range of Milkor MGL MGL s Multiple Grenade Launcher , used in more than 30 countries world wide. Although Milkor is best known for its 40mm MGLs, it has an array of 40mm products catering to the less lethal market, for infantry and for special forces applications. Products Milkor 40mm UBGL Milkor 37 38mm STOPPER convertible Milkor 37 38mm Pistol Milkor 40mm MGL Mk 1S Milkor 40mm MGL Mk1L Milkor 40mm MRGL Milkor 37 38mm MAR 37 38 and 40mm Accessories Users flag Brazil flag Chile flag Colombia 200 units. flag Croatia Croatia s K K Metallic produces an unlicensed version of the MGL, known as the RBG 6 Ru nih Baca a Granata . flag Denmark flag India flag Malaysia flag Mexico flag Peru Acquired approx. 668 launchers. flag South Africa flag Sri Lanka ref http defencewire.blogspot.com 2008 03 why special forces so deadly.html ref flag United States Employed by the United States Marine Corps as the M32 MGL. See also Commons Milkor MGL Milkor MGL CZW SAG 30 SAG 30 Hawk MM 1 References reflist External links http www.milkor.co.za Milkor PtyLtd Home http www.janes.com articles Janes Infantry Weapons Milkor MGL Mk 1S 40 mm six shot multiple grenade launcher South Africa.html Milkor MGL Mk 1S 40 mm six shot multiple grenade launcher South Africa http www.janes.com articles Janes Infantry Weapons Milkor MGL Mk 1L 40 mm six shot multiple grenade launcher South Africa.html Milkor MGL Mk 1L 40 ... more details
unreferenced date December 2010 Michell PtyLtd is a wool processing and tanning company based in Adelaide, South Australia . Founded in 1870 in the Mid North town of Undalya, South Australia Undalya by George Henry Michell , the company moved to the Adelaide suburb of Hindmarsh, South Australia Hindmarsh in 1896 and then again to the current site on Main North Road , Salisbury South, South Australia Salisbury South . Michell purchases almost 15 per cent of Australia s unprocessed wool and is still owned by the Michell family. There are processing plants in other parts of Australia and the world, with branch offices in the United State of America United States and China . The company has also branched out into banking, farming, commodity trading and property development. External Links http www.michellwool.com Michell PtyLtd website http www.fbasa hall of fame.com.au businesses michell.html Michell PtyLtd in the Family Business Australia Hall of Fame Australia company stub Category Companies established in 1870 Category Companies based in Adelaide ... more details
Unreferenced date August 2010 Direct Group PtyLtd is a holding company comprising three strands Direct Marketing, Direct Selling and Direct Television. The company owns TVSN and Expo Channel in Australia, along with a range of other related business. References See Wikipedia Footnotes on how to create references using ref ref tags which will then appear here automatically Reflist External links http www.directgroup.com.au Company website Category Television in Australia retail company stub ... more details
Use dmy dates date December 2010 Imparja Television PtyLtd is a commercial television company servicing remote eastern and central Australia that began broadcasting on 2 January 1988. It is based in Alice Springs , where it has a studio and satellite uplink facility. Notably, it is controlled by Indigenous Australians Australian Aborigines and is widely regarded as a symbol of Aboriginal Australia. The company produces one channel, Imparja Television . From the late 1990s to 2007, it also produced an additional channel, the Aboriginal content on it becoming known as Indigenous Community Television ICTV , which was closed on the 12 July 2007 to make way for the National Indigenous Television service. Shareholders Central Australian Aboriginal Media Association CAAMA Central Land Council Tiwi Land Council Northern Land Council Warlpiri Media Association Pitjantjatjara Council Top End Aboriginal Bush Broadcasting Association TEABBA Maralinga Tjarutja Trust Commonwealth of Australia External links http www.imparja.com Official Website Category Television production companies of Australia Category Indigenous Australian culture Category Indigenous Australian media Category Media in Alice Springs Category Indigenous television ... more details
multiple issues notability January 2011 one source January 2011 refimprove January 2011 sections January 2011 Kingfisher International Pty Ltd is an Australian company that manufactures fiber optic test and measurement equipment. First established in the founder s home in 1986, its first commercially successful product was the innovative KI020 series talk set, introduced in 1988. Over the years it grew through various garages and rented properties, until it was housed in its first factory in 1991. It has been in its current Scoresby premises since 2001. The company s history and development ref http www.theage.com.au news business kingfishers vision finds global results 2007 07 27 1185339259902.html The Age ref very much reflect the growth of the fibre optic industry, complete with survival of the dotcom boom and bust cycle over the period 1995 2003. It is therefore one of the oldest fiber optic test companies, ref http www.business.vic.gov.au BUSVIC STANDARD PC 51085.html IntNav11 Manufacturing Hall Of Fame ref with distributors worldwide, and it is regarded as having a significant influence on the development of the industry. ref World Optical Light Source OLS Market Report, Frost & Sullivan 2007 ref ref World Optical Loss Test Set OLTS Market Report, Frost & Sullivan 2007 ref ref World Optical Power Meter OPM Market Report, Frost & Sullivan 2007 ref Its products are used by professional technicians when installing and maintaining Optical fiber cable fiber optic cabling and systems, and its current range of handheld fiber optic test equipment includes such items as otdr OTDRs , optical power meter s, optical light sources, optical loss test sets, optical test and inspection kits, Optical attenuator variable optical attenuators , inspection Optical microscope microscopes and various optical fault locators. Innovations and Patents Notable innovations have included 1987 World first handheld laser test source 1988 World first fully integrated return loss meter 1989 Wo ... more details
Heytesbury Pty. Ltd. ref http search.asic.gov.au cgi bin gns030c?acn 008 666 966&juris 9&hdtext ACN&srchsrc 1 ref is the privately owned company of the Holmes Court family in Western Australia . Originally called Heytesbury Holdings, the company was formed by Robert Holmes Court in the 1970s as the holding company of his rapidly expanding financial empire. After the sale of its interests in Bell Group and Bell Resources in 1988, Heytesbury became an active private investment vehicle, acquiring Really Useful Group Really Useful Theatres Stoll Moss Theatres and Sherwin Pastoral Co, and investing in companies such as Jaguar Cars , Christies , Standard Chartered Bank and U.S. Steel . Following the death of Robert Holmes Court in 1990, his widow Janet Holmes Court took over the management of Heytesbury. ref name The Official Biography of Janet Holmes Court cite book last Edgar first Patricia title Janet Holmes Court publisher Harper Collins location Australia date 1999 isbn 0 7322 5715 8 accessdate 2009 08 26 ref Over the next decade a number of assets were sold to reduce the company s large debt load, including the Stoll Moss Group, a number of cattle stations in Northern Australia, and John Holland engineer John Holland Group which had been purchased after Robert s death . In 2000, the eldest son, Peter Holmes Court , elected to sell his one sixth share of Heytesbury to pursue his own interests. Robert Holmes Court, died intestate without a will , leaving his wife one third of the family fortune with the four children getting the other two thirds. The amount Peter received was reported as A 35 million. ref cite news author AAP Ben Ready title New York to Outback Peter Holmes a Court comes of age date 2001 07 06 accessdate 2008 09 07 date 2009 08 26 ref Shortly afterwards, in 2000, Paul Holmes Court , the youngest son of Robert and Janet Holmes Court took over the management of Heytesbury. In the same year, Peter Holmes Court was appointed to the position ... more details
Infobox Court Case name Phillips ProductsLtdv Hyland and Hamstead Plant Hire Co Ltd court Court of Appeal image Kettenbagger CAT 325C LN.jpeg caption date decided full name citations 1984 http www.bailii.org uk cases UKHL 1980 2.html EWCA Civ 5 , 1987 2 All ER 620 judges prior actions subsequent actions opinions Slade LJ transcripts keywords Unfair terms Phillips ProductsLtdv Hyland and Hamstead Plant Hire Co Ltd 1984 http www.bailii.org uk cases UKHL 1980 2.html EWCA Civ 5 is an English contract law case concerning the Unfair Contract Terms Act 1977 . Facts Hamstead Plant Hire hired out a JCB excavator to Phillips Products. It also hired out a driver, Mr Hyland. Condition 8 of their contract stated the driver would be deemed to be the employee of Phillips Products. The driver crashed into Phillips factory wall. Phillips argued that Hamstead Plant Hire should pay for the damage cause by Mr Hyland, because condition 8 was caught by UCTA 1977 section 2 2 and was unreasonable. Hamstead Plant Hire argued it was not, asserting there had been no negligence on its part that was even being excluded, because there was no breach of obligation in section 1 1 b . The effect of condition 8, they contended, was that no liability for the driver had ever been assumed. Judgment Slade LJ rejected Hamstead Plant Hire s argument. Condition 8 was caught by UCTA 1977, and was unreasonable in excluding its liability for Mr Hyland s damage. When deciding what breach there is, the court should not include the exclusion clause in deciding whether a breach existed. Read with section 13 1 , section 2 encompasses terms and notices which exclude or restrict the relevant obligation or duty , so section 2 clearly extends to duty defining, not just duty excluding clauses. Condition 8 failed the reasonableness test under section 11 and Schedule 2, because the claimants hire was for a short period, there was little ... Thompson v T Lohan Plant Hire Ltd 1987 2 All ER 631 Notes refs 2 References External links Category ... more details
orphan date January 2008 Infobox Court Case name Deputy Federal Commissioner of Taxation NSW v W R Moran PtyLtd court High Court of Australia image Australia coa.png date decided 25 July 1939 full name The Deputy Federal Commissioner of Taxation New South Wales v W R Moran Proprietary Limited citations http www.austlii.edu.au au cases cth HCA 1939 27.html 1939 61 CLR 735 judges John Latham judge Latham CJ, George Rich Rich , Hayden Starke Starke , H.V. Evatt Evatt , and Edward McTiernan McTiernan JJ prior actions none subsequent actions none opinions 4 1 There is no constitutional limit to granting money in a discriminatory manner small per Latham CJ, Rich, Starke & McTiernan JJ Evatt J dissenting small Deputy Federal Commissioner of Taxation NSW v W R Moran PtyLtd 1939 61 Commonwealth Law Reports CLR 735 is a High Court of Australia case that deals with whether Section 96 of the Australian Constitution section 96 is limited by Section 99 of the Australian Constitution section 99 , which prevents Commonwealth laws discriminating between States. In this case, the Commonwealth imposed a tax on flour millers, but reimbursed the States based on their production of wheat in order to reimburse the flour millers by 90 of their taxes. The problem is that Tasmania , while milling flour, does not produce wheat. The majority held that the taxation was valid since the tax applied equally to all States, and there was no constitutional impediment to granting money discriminately. Per Latham CJ, section 96 is a means by which the Commonwealth, when it thinks proper , can adjust inequalities between States. Thus, because there was no discrimination in taxation, yet grants are not subject to prohibitions based on discrimination, the majority held the laws to be valid. Evatt J, conversely, examined the scheme as a whole, and ruled it invalid. See also Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials ... more details
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