Legislative mistakes

  Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many kinds of order which...

What is an “order”

Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in particular to the...

Causation in equity

Lifeplan Australia Friendly Society Ltd v Ancient Order of Foresters in Victoria Friendly Society Limited [2017] FCAFC 74 As can be seen from the analysis of the jurisprudence by the primary judge, the causal relationship between the breach and the profit has been...

Magna carta: did she die in vain?

Application of Adrian Ashley of the House of Cooper [2017] NSWSC 533 [25] Unsurprisingly, the petitioner concluded his submissions by citing Magna Carta (version not identified)....