Wednesday, March 10, 2010

New HCA Judgments

Two new decisions were handed down today. Again, they are both brief and unanimous. We'll have the summaries up soon but for now:

European Bank Limited v Robb Evans of Robb Evans & Associates [2010] HCA 6

This Case allows an appeal from the NSW Court of Appeal. It relates to the damages that are recoverable pursuant to an undertaking as to damages. Particularly, the Court considers the relevance of contractual principles of remoteness, for example under Hadley v Baxendale.

[UPDATE 01/4/10: A lamp post summary of the case can now be found here.]

Muslimin v The Queen [2010] HCA 7

This Case allows an appeal from the NT Court of Criminal Appeal. The Case considers the interpretation of the Fisheries Management Act 1991 (Cth). Particularly, whether an offence of having a foreign boat equipped for fishing extends to conduct outside the Australian Fishing Zone by virtue of a deeming provision in that Act.

[UPDATE 22/3/10: A lamp post summary of the case can now be found here.]

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