| Duncan
v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW (HCA)
- constitutional law - cancellation of exploration licences - validity of provisions of Sched 6A Mining Act 1992 (NSW) upheld |
| White v The Local
Health Authority (NSWSC) - habeas corpus - plaintiff under guardianship released from
mental health facility |
| Big Country
Developments Pty Ltd v Griffiths (NSWSC) - evidence - cross-examination of
witness by video link |
| Walsh v WorleyParsons Ltd (VSC) - discovery -
subpoenas set aside on grounds they constituted impermissible fishing |
| Summaries (Five Minute Read) with Link |
Duncan
v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW [2015] HCA 13
High Court of Australia
French CJ; Hayne, Kiefel,
Bell, Gageler, Keane & Nettle JJ
Constitutional law - special
case - questions for determination - three proceedings challenging validity of provisions
of Sched 6A Mining Act 1992 (NSW) inserted
into Mining Act by Mining Amendment (ICAC
Operations Jasper and Acacia) Act 2014 (NSW) which cancelled three exploration
licences without compensation - Amendment Act was enacted following
consideration by New South Wales Parliament of reports of ICAC investigations -
proceedings brought by the corporate licensees of two of the cancelled
exploration licences, their parent company and one of its former directors, and
the parent company of the corporate licensee of the other cancelled exploration
licence - held: validity of provisions upheld - Amendment Act was a law within
competence of New South Wales Parliament - Amendment Act did not involve exercise
of judicial power so the existence and scope of an implied limitation on the ability
to exercise judicial power did not arise for consideration.
Duncan
|
White
v The Local Health Authority
[2015] NSWSC 417
Supreme Court of New South
Wales
Slattery J
Mental health - habeas corpus
- plaintiff being kept against will in Adult Mental Health Unit since November
2013 - plaintiff neither “mentally ill person” or “mentally disordered person” under
Mental Health Act 2007 (NSW) -
plaintiff with assistance of tutor sought order in nature of habeas corpus under
s61 Supreme Court Act 1970 (NSW) for
release and alternatively under s166 Mental Health Act - operation of Guardianship Act 1987 (NSW) and Mental
Health Act - whether Public Guardian authorised under Guardianship Act and
Mental Health Act to make decision to admit plaintiff to facility - whether
power validly exercised on the evidence - held: plaintiff entitled to be
released - Court had grave misgivings about releasing plaintiff without plan
for immediate future - Court prepared to grant short stay to enable parties to
consult concerning plan for plaintiff.
White
|
Big
Country Developments Pty Ltd v Griffiths
[2015] NSWSC 414
Supreme Court of New South
Wales
Kunc J
Evidence - fourth defendant
sought order pursuant to Pt 31 r31.3 Uniform
Civil Procedure Rules 2005 (NSW) for cross-examination of witness to be
taken by audio-visual link from London - held: evidence did not sustain finding
that witness unable to travel to Australia - Court not satisfied cost of coming
to Australia so disproportionate to amount of money at stake that it would otherwise
depart from usual position - no explanation for absence of medical evidence as
to witness’s illness or for delay in making application - no evidence video
link could take place - application dismissed.
BigCountry
|
Walsh
v WorleyParsons Ltd [2015]
VSC 135
Supreme Court of Victoria
Almond J
Discovery - plaintiff sought
order that subpoenas be set aside on grounds they were are fishing, vexatious,
oppressive, abuse of process and breach of defendant’s overarching obligations under
ss16, 19, 20 & 24 Civil Procedure Act
2010 (Vic) - legitimate forensic purpose - r42.04(1) Supreme Court (General Civil Procedure) Rules 2005 (Vic) - held:
certain subpoenas set aside on grounds they constituted impermissible fishing.
Walsh
|
Tall
Nettles
By Edward Thomas
TALL nettles cover up, as they have done
These many springs, the rusty harrow, the plough
Long worn out, and the roller made of stone:
Only the elm butt tops the nettles now.
This corner of the farmyard I like most:
As well as any bloom upon a flower
I like the dust on the nettles, never lost
Except to prove the sweetness of a shower.
Edward Thomas
|
