Tabcorp Holdings Limited v. State of Victoria
Case No.
M81/2015
Related matter.
State of Victoria v. Tatts Group Limited - M83/2015
Case Information
Lower Court Judgment
4/12/2014 Supreme Court of Victoria (Court of Appeal) (Nettle, Osborn & Whelan JJA)
Catchwords
Statutory interpretation – Gambling Regulation Act 2003 (Vic) s 4.3.21 – Gaming operator licenses – Where the regime changed and the ability to issue gaming operator’s licenses was abolished – Where appellant’s license expired – Whether appellant is entitled to a terminal payment on the grant of gaming operator’s licence to person other than former licensee or a related entity – Whether words “new licenses” in s 4.3.12(1) of the Gambling Regulation Act 2003 should be construed to have their ordinary meaning.
Contracts – General contractual principles – Whether respondent’s failure to seek to secure appellant’s right to repayment of a breach of the duty of good faith and reasonable dealing.
Documents
15/05/2015 Hearing (SLA, Melbourne)
29/05/2015 Notice of appeal
19/06/2015 Written submissions (Appellant)
19/06/2015 Chronology (Appellant)
10/07/2015 Written submissions (Respondent)
24/07/2015 Reply
10/11/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
11/11/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
02/03/2016 Judgment (Judgment summary)
Wright Prospecting Pty Limited v. Mount Bruce Mining Pty Limited & Anor
Mount Bruce Mining Pty Ltd v. Wright Prospecting Pty Ltd & Anor
Case Nos.
S102/2015, S99/2015
Case Information
Lower Court Judgment
9/12/2014 Supreme Court of New South Wales (Court of Appeal) (Macfarlan, Meagher & Barrett JJA)
Catchwords
Contracts – General contractual principles – Construction and interpretation of contracts – Where appellant and respondents entered into written agreements which allowed for rights to particular reserves to be divided – Whether Mount Bruce Mining Pty Limited was required to pay royalties that were payable on mining activities undertaken in the Channar region - Whether a strict and narrow construction of language in a commercial agreement can account for the purposes or objects of the agreement.
Documents
15/05/2015 Hearing (SLA, Sydney)
28/05/2015 Notice of appeal - Mount Bruce Mining Pty Ltd
29/05/2015 Notice of appeal - Wright Prospecting Pty Limited
19/06/2015 Written submissions - Mount Bruce Mining Pty Ltd (Appellant)
19/06/2015 Chronology - Mount Bruce Mining Pty Ltd (Appellant)
19/06/2015 Written submissions - Wright Prospecting Pty Ltd (Appellant)
19/06/2015 Chronology - Wright Prospecting Pty Ltd (Appellant)
19/06/2015 Written submissions - Wright Prospecting Pty Ltd (Second Respondent)
10/07/2015 Written submissions - Mount Bruce Mining Pty Ltd (First Respondent)
10/07/2015 Written submissions - Wright Prospecting Pty Ltd (First Respondent)
10/07/2015 Written submissions - Mount Bruce Mining Pty Ltd (Second Respondent)
17/07/2015 Written submissions (Perron Iron Ore Pty Ltd seeking leave to intervene)
24/07/2015 Reply - Wright Prospecting Pty Ltd (Appellant)
24/07/2015 Reply - Wright Prospecting Pty Ltd (Second Respondent)
24/07/2015 Reply - Mount Bruce Mining Pty Ltd (Appellant)
12/08/2015 Hearing (Full Court, Perth)
13/08/2015 Hearing (Full Court, Perth)
14/10/2015 Judgment (Judgment summary)
Duncan v. Independent Commission against Corruption
Case No.
S101/2015
Case Information
Catchwords
Statutes – Independent Commission Against Corruption Act 1988 (NSW) (“Act”) Pt 13 of Sch 4 – Where Pt 13 of the Act allows for the Independent Commission Against Corruption (“ICAC”) to act on the assumption that the definition of “corrupt conduct” in s 8(2) of the Act extends to conduct that adversely affects or could adversely affect the efficacy of the exercise of official function – Whether Pt 13 ousts the power of the Supreme Court of New South Wales to grant relief for a specific category of jurisdictional error of respondent – Whether Pt 13 is an impermissible command or direction by the Parliament of New South Wales to the Courts of New South Wales and any other Courts empowered to hear appeals.
Documents
19/05/2015 Hearing (Single Justice, Sydney)
25/05/2015 Hearing (Single Justice, Sydney)
28/05/2015 Cause removed
19/06/2015 Written submissions (Appellant)
19/06/2015 Chronology
10/07/2015 Written submissions (Respondent)
15/07/2015 Written submissions (Attorney-General for the State of Victoria intervening)
17/07/2015 Written submissions (Attorney-General for the State of New South Wales intervening)
17/07/2015 Written submissions (Attorney-General for the State of South Australia intervening)
17/07/2015 Written submissions (Attorney-General for the State of Western Australia intervening)
17/07/2015 Written submissions (Attorney-General of the State of Queensland intervening)
24/07/2015 Reply
05/08/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
09/09/2015 Judgment (Judgment summary)
Macoun v. Commissioner of Taxation
Case No.
S100/2015
Case Information
Lower Court Judgment
4/12/2014 Federal Court of Australia (Edmonds J, Perram J, Nicholas J)
Catchwords
Income Tax – Appeal from the Administrative Appeals Tribunal – Specialised Agencies (Privileges and Immunities) Regulations 1986 (Cth) cl 8 - International Organisations (Privileges and Immunities) Act 1963 (Cth) Sch 4 Pt 1 – Income Tax Assessment Act 1997 (Cth) s 6-20 - Where the appellant received pension payments from a foreign retirement plan – Where appellant was no longer employed by a Specialised Agency exempt from income tax pursuant to cl 8 of the Specialised Agencies (Privileges and Immunities) Regulations 1986 (Cth) – Whether appellant?s pension payments are exempt from income tax.
Documents
15/05/2015 Hearing (SLA, Sydney)
28/05/2015 Notice of appeal
19/06/2015 Written submissions (Appellant)
19/06/2015 Chronology (Appellant)
10/07/2015 Written submissions (Respondent)
24/07/2015 Reply
09/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
02/12/2015 Judgment (Judgment summary)
The Queen v. Beckett
Case No.
S94/2015
Case Information
Lower Court Judgment
12/12/2014 Supreme Court of New South Wales (Court of Criminal Appeal) (Beazley P, Humle J, Bellew J)
Catchwords
Criminal law – Particular offences – Offences relating to the administration of justice – Perverting the course of justice – Crimes Act 1900 (NSW) s 319 - Where respondent was questioned about a property transfer she had stamped without receiving the duty – Where respondent obtained two bank cheques for the property and altered photocopies so that the cheques appeared to pre-date the transfer – Where respondent gave false evidence under oath – Where respondent was charged with perverting the course of justice – Whether offence to pervert the course of justice only applies to conduct committed after judicial proceedings have commenced – Whether course of justice within the meaning of s 319 requires that the jurisdiction of a court or competent judicial tribunal has been invoked.
Documents
15/05/2015 Hearing (SLA, Sydney)
26/05/2015 Notice of appeal
10/07/2015 Written submissions (Appellant)
10/07//2015 Chronology (Appellant)
03/08/2015 Written submissions (Respondent)
14/08/2015 Reply
04/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)
23/10/2015 Judgment (Judgment Summary)