Cottle v Commissioner of Police [2020] NSWCA 159
Question – Could the Industrial Relations Commission hear a police dismissal case despite a negative High Court decision on a related issue?4 Yes, held the court. The case is significant, not so much for the technical issue it decides, but for the approach to be taken to prior cases on …
Singh bhnf Kanwar v Lynch [2020] NSWCA 152
Singh was injured in a race fall and sued another jockey. He lost because the harm resulted from obvious risks of a dangerous recreational activity7. He said that the ‘recreational activity’ definition was influenced by the ordinary meaning of ‘recreational’.
Rejecting this, Leeming JA (at [98-131]) considered in-depth the High …
Michael Brown PS v WSC [2020] NSWCA 137
Use and abuse of dictionaries is a regular topic for judicial comment12. This case involved planning consent given on the basis that the development (flats) ‘is compatible with the flood hazard of the land’13. Was ‘is’ used here merely to indicate present compliance, or did it cover things …
Forrest v DPP [2020] NSWCA 162
The bedrock requirement to consider context in the widest sense and up-front includes an obligation to consult the legislative history of provisions. Forrest was about stating cases on questions of law, an issue on which Leeming JA had ruled in an earlier decision.
On reading Basten JA’s legislative history in the present case, however, …
Binsaris v Northern Territory [2020] HCA 22
When officers at the Don Dale Youth Detention Centre used tear gas on young detainees after a ‘serious disturbance’ causing property damage, the detainees sued for damages asserting these actions were in breach of legislation & unlawful1. All judges agreed.
One judge (at [25]) emphasised the principle that statutory authority to …
Australian Rail v Dollisson [2020] NSWCA 58
This case involved the meaning of ‘compensation’ in Victorian legislation4, and whether an old rule of linguistic logic5 could be applied to what Bell ACJ (at [47]) called a ‘patchwork statute’. Modern statutes are often subject to patchwork amendment where there may be little debate and much compromise.
Rejecting the …
Pickett v Western Australia [2020] HCA 20
A man was stabbed to death when 8 males attacked him at a railway station. The act of killing was likely done by a child, who was not responsible due to his age. Accordingly, the rest argued they could not be charged. Each of them was convicted of murder.
The issue was how …
AJ & PA McBride Ltd v FCT [2020] AATA 1909
The taxpayer bought a property with existing ‘fencing assets’. A $2.74m deduction was claimed for capital expenditure incurred on ‘construction, manufacture, installation or acquisition’ of that fencing11. The AAT (at [73-77]) denied the deduction.
Statutory purpose required ‘a fence coming into existence on the land and not just …
Burgess v Commonwealth [2020] FCA 670
When it is argued that a provision is constitutionally invalid4, a presumption of validity applies on the basis that parliament ‘did not intend to pass beyond constitutional bounds’5 – see Episode 7.
This presumption, said Besanko J (at [96]), is not to be pushed beyond its ‘proper limits’. Courts should not …
Meyrick v Home Affairs [2020] FCA 677
Statutes are generally read in line with Australia’s international obligations. In this visa cancellation case8, however, the decision-maker failed to have regard to a convention to which Australia was party but parliament had not yet legislated for9.
Unenacted treaties may guide the common law10, but failing to …
