Daily Update: 11 Significant Judgments from Common Law Jurisdictions (10 Dec 2024):
Australia:
1. Victoria Supreme Court rules that in proceedings which have been dismissed, court retains jurisdiction to discharge a party from an undertaking given to the court as part of the final relief granted in the proceedings: Lin v Lin [2024] VSC 759
2. Tasmania Supreme Court quashes adjudicator’s determination of payment claim as adjudicator fell into jurisdictional error by using incorrect reference date: Venture Spirits v Adjudicate Today Pty Ltd [2024] TASSC 76
3. Australian Capital Territory Supreme Court dismisses prosecution’s application to waive service requirements for expert report which was obtained only shortly before trial; holds that “oversight” is not valid explanation: DPP v Sullivan [2024] ACTSC 390
4. Queensland Supreme Court finds that defendants failed to establish defence of hardship as there was nothing relevantly oppressive or highly unreasonable in requiring them to perform their contractual obligations owed to plaintiff: Rolleston Coal Holdings v McDonald [2024] QSC 310
Canada:
5. Canadian Federal Court considers doctrine of mootness; finds it is in interests of justice for judicial review applications relating to detainee’s rights to be determined on merits even though applications have been rendered moot: Hemond v Canada, 2024 FC 1980
6. British Columbia Supreme Court allows defendant’s application to vary Mareva injunction order; rules that defendant does not need to show he has no access to funds from family to pay for expenses to succeed in application: US SEC v Sharp, 2024 BCSC 2208
England:
7. English High Court allows claim for rescission of deeds of appointment; finds that mistake as to tax effects, which would have led to tax liability of £7 million, sufficiently serious as to render it unconscionable for mistaken dispositions to be left uncorrected: JTC Employer Solutions v William [2024] EWHC 3128
8. English Court of Appeal rules that appellate body is entitled to attach weight to views expressed by decision-maker from whom appeal is brought: Doorstep v Information Commissioner [2024] EWCA Civ 1515
9. English High Court allows claim to rectify codicil to delete words which gave deceased’s husband power of sale; finds that insertion of clause was clerical error caused by lawyer cutting and pasting from firm’s precedent: Jason v Peter Skilton [2024] EWHC 3153
10. English High Court rules that claimants’ claims against priest for damages arising from alleged sexual abuse time barred; declines to exercise discretion under s 33 of Limitation Act 1980 to disapply limitation period: Rashpal Samrai v Rajinder Kalia [2024] EWHC 3143 (KB)
Hong Kong:
11. HK Court of Appeal rules that trial judge should give jury guidance on meaning of “substantial” impairment of mental responsibility: HKSAR v Cheung [2024] HKCA 1149
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Diretor Administrativo Financeiro (CFO) na Shinagawa Refratários do Brasil
11moWonderful!