Laundy Hotels (Quarry) Pty Limited v. Dyco Hotels Pty Limited atf The Parras Family Trust & Ors
Case No.
Case S125/2022
Case Information
Lower Court Judgment
21/12/2021 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Basten & Brereton JJA)
Catchwords
Contracts – Construction – Interpretation – Termination – Frustration – Supervening illegality – Covid-19 – Public Health Order – Where settlement of goodwill, plant and equipment under contract for sale of hotel and associated business agreed to take place on 30 March 2020 – Where cl 50.1 of contract required vendor to carry on business in usual and ordinary course as regards its nature, scope and manner and repair and maintain assets in same manner as at date of contract and use reasonable endeavours to ensure all items on inventory in good repair and in proper working order – Where Public Health (Covid-19 Places of Social Gathering) Order 2020 (NSW), made pursuant to Public Health Act 2010 (NSW), came into effect on 23 March 2020 and prohibited opening of pubs except for sale of food and beverages to be consumed off premises – Where purchasers asserted contract had been frustrated – Whether supervening illegality pursuant to Public Health Order suspended parties' obligations to seek completion of contract – Whether Public Health Order amounted to doctrine of temporary suspension of obligations inconsistent with approach to resolving questions of supervening illegality
Documents
19/08/2022 Hearing (SLA, Canberra by remote connection)
31/08/2022 Notice of appeal
07/10/2022 Written submissions (Appellant)
07/10/2022 Chronology (Appellant)
04/11/2022 Written submissions (Respondents)
21/11/2022 Agreed Chronology (Appellant)
25/11/2022 Reply
09/12/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
09/12/2022 Outline of oral argument (Appellant)
09/12/2022 Outline of oral argument (Respondents)
08/03/2023 Judgment (Judgment summary)
QYFM v. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor
Case No.
M53/2022
Case Information
Lower Court Judgment
15/09/2021 Federal Court of Australia (McKerracher, Griffiths and Bromwich JJ)
Catchwords
Courts and judges – Bias – Reasonable apprehension of bias – Disqualification – Where, prior to appointment, judge as Commonwealth Director of Public Prosecutions: (a) instituted and carried on prosecution of QYFM on indictment, for which QYFM convicted; and (b) appeared to successfully oppose appeal by QYFM against conviction – Where QYFM brought challenge to Minister’s decision not to revoke cancellation (required by QYFM's conviction) of QYFM’s visa – Where application for disqualification brought against judge on basis of apprehended bias – Where judge heard application alone, refused to disqualify himself and sat on Full Court appeal challenging primary judge's decision dismissing application for judicial review of Administrative Appeals Tribunal's decision to affirm cancellation of QYFM's visa – Whether application for disqualification of single member of Full Court on basis of apprehended bias should be decided by single judge alone or by Full Court – Whether judgment of Full Court liable to be set aside if single judge affected by apprehended bias.
Constitutional Law – Chapter III – Judicature of the Commonwealth – Impartiality of judiciary – Bias – Reasonable apprehension of bias – Proper application of test in Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337.
Documents
12/08/2022 Hearing (SLA, Canberra by video connection)
24/08/2022 Notice of appeal
30/09/2022 Written submissions (Appellant)
30/09/2022 Chronology (Appellant)
28/10/2022 Written submissions (First respondent)
11/11/2022 Reply
13/12/2022 Hearing (Full Court, Canberra)
13/12/2022 Outline of oral argument (Appellant)
13/12/2022 Outline of oral argument (First Respondent)
20/01/2023 Note on comparaitve case law (First Respondent)
27/01/2023 Note on comparaitve case law (Appellant)
17/05/2023 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: CEREMONIAL SITTING IN MEMORY OF THE LATE THE HONOURABLE SIR FRANCIS GERARD BRENNAN AC KBE QC
Date: 18 September 2022
Transcript: Hearing
AV time: 0h 18m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: CEREMONIAL SITTING IN MEMORY OF THE LATE THE HONOURABLE SIR FRANCIS GERARD BRENNAN AC KBE QC
Date: 18 August 2022
Transcript: Hearing
AV time: 0h 19m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: TL vs Queen
Date: 17 August 2022
Transcript: Hearing
AV time: 2h 14m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.