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BP Refinery (Westernport) Pty Ltd V Shire Of Hastings
''BP Refinery (Westernport) Pty Ltd v Shire of Hastings'' is a leading judgment of the Privy Council which summarised the test for whether a term should implied ‘in fact’ into a contract, to give effect to the intentions of the contracting parties.; . While the formulation of the test is not without criticism, it is usually accepted as setting out the tests for the implication of a term into a contract. Background Factual Background In 1963 BP Refinery (Westernport) Pty Ltd reached an agreement with Henry Bolte, the then Premier of Victoria for the establishment of the Westernport oil refinery and construction of port facilities at Crib Point, in Western Port, Victoria ("the Refinery Agreement"). The Parliament of Victoria, on the same day it ratified the Refinery Agreement, amended the ''Local Government Act'' 1958 to allow local councils to agree on the rates payable for industrial land. In 1964 the Shire of Hastings and BP Refinery entered into a Rating Agreement, whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdiction Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of Belize V Belize Telecom Ltd
is a judicial decision of the Privy Council in relation to contract law, company law and constitutional law. It concerns the correct method for interpretation and implication of terms into a company's articles of association. It was approved by the UK Supreme Court in '' Société Générale, London Branch v Geys'' and ''Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd''. Facts In 1989 Belize privatised its telecommunications network. Established the year after independence in 1974, the Belize Telecommunications Authority's business and assets were transferred to a corporation called Belize Telecommunications Ltd (renamed Belize Telemedia in 2007). The government was to gradually sell off its shares, but in the process retain a "special share" (often called a golden share). According to the company's constitution, among various rights over important transactions, the special shareholder could appoint two of the eight directors. Class "B" shareh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Bingham, Baron Bingham Of Cornhill
Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of his generation. Baroness Hale of Richmond observed that his pioneering role in the formation of the United Kingdom Supreme Court may be his most important and long-lasting legacy.Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) p 209. Lord Phillips of Worth Matravers regarded Bingham as "one of the two great legal figures of my lifetime in the law" (the other figure, in context, being Lord Denning).Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) xlvii. David Hope, Baron Hope of Craighead described Bingham as "the greatest jurist of our time". After retiring from the judiciary in 2008, Bingham focused on teaching, writing, and lecturing on legal subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Award
An industrial award, sometimes known simply as an award, is a ruling in Australia handed down by either the national Fair Work Commission (or its predecessor) or by a state industrial relations commission which grants all wage earners in one industry or occupation the same minimum pay rates and conditions of employment such as leave entitlements, overtime and shift work, as well as other workplace-related conditions. The national awards, with the National Employment Standards, provide a minimum safety net of terms and conditions of employment for all national system employees. The pay rates are often called award wages or award rates. Federal awards in Australia have been stripped back in recent years in what they are allowed to contain, in order to promote the Enterprise Bargaining Agreement system. Awards in Australia are part of the system of compulsory arbitration in industrial relations. A similar system was also used in New Zealand prior to the ''Labour Relations Act 1987' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Byrne V Australian Airlines Ltd
' Byrne (also O'Byrne) is an Irish surname. It is derived from the Gaelic ''Ó Broin'' or ''Ó Beirn''. There are two Irish surnames which have Byrne as their English spelling; the most common comes from Ó Broin, which refers to the Leinster-based family of Bran as described below. The less common family name is Ó Beirn or Ó Beirne, which comes from a different family and is most commonly found in the Northwest of Ireland. The most prominents Byrnes were the O'Byrne family of Leinster. List of people surnamed Byrne or O'Byrne A–D * Alan Byrne (other), several people *Alexandra Byrne, British costume designer *Alfie Byrne, Lord Mayor of Dublin and TD * Allie Byrne, British actress *Andrew Byrne, first Catholic Bishop of Little Rock *Andrew Hozier-Byrne, better known under his stage name Hozier (born 1990), Irish singer and songwriter *Anthony Byrne (other), several people *Bill Byrne (other), several people *Billy Byrne (other), several pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Deane
Sir William Patrick Deane (born 4 January 1931) is an Australian barrister and jurist who served as the 22nd governor-general of Australia, in office from 1996 to 2001. He was previously a Justice of the High Court of Australia from 1982 to 1995. Deane received his undergraduate education at the University of Sydney, and later studied international law at The Hague Academy of International Law in the Netherlands. Prior to joining the judiciary, Deane worked for periods as a barrister and university lecturer. He was appointed to the Supreme Court of New South Wales in 1977, and later that year was also appointed to the Federal Court of Australia. Deane was elevated to the High Court in 1982, and during his tenure was generally considered to fall on the court's progressive side. He retired from the court in 1995, and the following year was appointed governor-general on the recommendation of Paul Keating. Deane had a low profile during his five-year term, facing no major constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerard Brennan
Sir Francis Gerard Brennan (22 May 1928 – 1 June 2022) was an Australian lawyer and jurist who served as the 10th Chief Justice of Australia. As a judge in the High Court of Australia, he wrote the lead judgement on the Mabo decision, which gave rise to the Native Title Act. Early life and education Brennan was born on May 22, 1928 in Rockhampton, Queensland. He was the son of Frank Tenison Brennan, a Labor Party politician, lawyer and judge of the Supreme Court of Queensland. He was raised as, and continued to be, a Catholic and has said: "Egalitarianism, tolerance and the respect for conscience are the practical manifestations of faith, hope and charity." Career Prime Minister Malcolm Fraser appointed Brennan to the court in 1981. As a High Court judge, Brennan wrote the lead judgement on the Mabo decision, which overturned the doctrine of ''terra nullius'' used to justify the Crown's sovereignty over Australia, replacing it with the doctrine of native title, and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Codelfa Construction Pty Ltd V State Rail Authority Of NSW
''Codelfa Construction Pty Ltd v State Rail Authority of New South Wales'',. ("''Codelfa''") is a widely cited Australian contract law case, which serves as authority for the modern approach to contractual construction. (2012) 29 ''Journal of Contract Law'' 26 The case greatly influenced the development of the Eastern Suburbs railway line. In terms of contract law, the case addresses questions of frustration, construction and the parol evidence rule. The case diverged from the well established English approach regarding the use of extrinsic evidence in contractual interpretation.. (2012) 29 ''Journal of Contract Law'' 183. Background The State Rail Authority engaged Codelfa Construction under a contract for services to excavate tunnels in the Eastern Suburbs allowing for the development of the Eastern Suburbs railway line. The works were to include "the excavation of two single track tunnels commencing at Edgecliff and running through Woollahra to Bondi Junction, an op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mason (judge)
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court of Australia, High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled clerk, articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Southern Foundries (1926) Ltd V Shirlaw
''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts. In the field of company law, it is known primarily to stand for the principle that damages may be sought for breach of contract by a director even though a contract may ''de facto'' constrain the exercise of powers to sack people found in the company's constitution. Facts Mr Shirlaw had been the managing director of Southern Foundries Ltd, which was in the business of iron castings. But then another company called ‘Federated Foundries Ltd’ took over the business. The new owners had altered article 8 of Southern Foundries Ltd's constitution, empowering two directors and the secretary (who were friends of Federated Foundries) to remove any di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
