| [Phone] | 0292313133 |
| [Fax] | 0292334164 |
| [Email] | mgm@16wardell.com.au |
Mr McHugh regularly acts as a mediator, particularly in matters involving shipping and aviation.
Annotations to NSW Civil Practice & Procedure Thomson Reuters Loose-leaf
Monis, Man Haron v R; Droudis, Amirah v R [2011] NSW Court of Criminal Appeal 231
CONSTITUTIONAL LAW - Constitutional challenge to validity of statute - Whether s 471.12 Criminal Code infringes implied freedom of political communication - Test in Lange v Australian Broadcasting Commission - Whether section burdens freedom of communication about government or political matters - Whether reasonably appropriate and adapted to serve legitimate end compatible with maintenance of system of government prescribed by the Constitution (Cth).
CONSTITUTIONAL LAW - Constitutional challenge to validity of statute - Implied freedom of political communication - Whether necessary to have regard to actual communication.
CRIMINAL LAW - Using a postal service to menace, harass or offend - Constitutional validity of statutory offence - Whether s 471.12 Criminal Code infringes implied freedom of political communication.
STATUTORY INTERPRETATION - Section 471.12 Criminal Code - Meaning of "offensive".
ICM Agriculture Pty Ltd v Commonwealth of Australia & Anor (2009) 240 CLR 140; (2009) 261 ALR 653; [2009] HCA 51. High Court of Australia
CONSTITUTIONAL LAW Commonwealth and state financial relations - Commonwealth and state of New South Wales entered into funding agreement - Funding agreement provided for Commonwealth contribution of funds to state for purposes of making ex gratia payments - Funding agreement provided that Commonwealth and state would equally contribute to payments - Payments to be made to former holders of bore licences (the plaintiffs) under Water Act 1912 (NSW) (1912 Act), which were replaced with aquifer access licences under Water Management Act 2000 (NSW) (2000 Act) - Plaintiffs claimed bore licences were property acquired by state - Plaintiffs claimed payments did not constitute "just terms" within meaning of s 51(xxxi) of Commonwealth Constitution - Commonwealth conceded that payments did not constitute "just terms" - Plaintiffs claimed legislative instruments giving effect to acquisition invalid in so far as scheme involved failure by Commonwealth to comply with s 51(xxxi). Commonwealth Constitution ss 51(xxxi), 51(xxxvi), 61, 96.
WATER - Water supply - Licences - Reduction of access.
Equititrust Ltd & Anor v Franks [2009] NSW Court of Appeal 128
ESTOPPEL - promissory estoppel - representations by financier that would not charge interest at default rate - extent of detrimental reliance on representations by borrower - SET-OFF - set-off at law under s 21 Civil Procedure Act 2005 - no set-off where debt sought to be set-off was owed to joint but not joint and several creditor
New Guinea Line Pty Limited v Board of Trustees of Papua New Guinea National Museum and Art Gallery [2006] Federal Court Australia 171
INTERPLEADER - Order 44 r 2 - ocean carrier of cargo interpleads after threat of suit by someone claiming to be the owner of cargo - no letter of indemnity proffered by consignee and bill of lading holder.
English v Rogers (2005) Aust Torts Reports 81-800; [2005] NSW Court of Appeal 327
NEGLIGENCE - non-delegable duty - contractor - armed robbery - hostage at gun-point - adequacy of security measures - psychiatric injury - consequent physical injury - special vulnerability - absence of instructions - voluntary human intervention - coordinating role of the Hotel - causal relation of motor accidents to psychological injury - interest on non-economic loss - general damages at common law - apportionment of damages as between employer and Hotel.
El Greco (Australia) Pty Ltd v Mediterranean Shipping Company SA [2004] 2 Lloyd's Rep 537, 593; (2004) 140 FCR 296. Full Court Federal Court of Australia
SHIPPING - AMENDED HAGUE-VISBY RULES - Carrier's liability - whether the carrier is responsible for loss and damage to cargo - whether the damage to the goods occurred at sea - the applicant's right to sue for the loss and damage - the method for assessing loss and damage to cargo - whether the sea-carriage document contains an enumeration of all items of the cargo as a ‘unit' - whether the relevant ‘package or unit' is the container itself.
Newcastle Port Corporation v Pevitt & Ors [2004] 2 Lloyd's Rep. 47; (2003) 58 NSWLR 548. Supreme Court
ADMIRALTY - LIMITATION OF SHIPOWNERS' LIABILITY - 1976 LONDON CONVENTION - COSTS - Collision between pilot vessel and dinghy, limitation of liability-Convention for the Unification of Certain Rules relating to the Limitation of Liability of Owners of Sea-going Vessels, 1924 - Convention relating to the limitation of liability of owners of sea-going ships, 1957 - Limitation of Liability for Maritime Claims Act 1989 (Cth).
Rosenboom & Ors v Qantas Airways Ltd & Ors (2002) 56 NSWLR 164. Supreme Court
CROSS VESTING - CONCURRENT JURISDICTION Cross-vesting - Transfer of proceedings - Plaintiff 's application - Procedural advantage likely to contribute to saving in costs - Advantages of pooling cases in one court for joint management - Jurisdiction of Courts (Cross-vesting) Act 1987.
Pacific Carriers Ltd v Banque Nationale de Paris [2001] NSW Supreme Court 900
ADMIRALTY -NEGLIGENCE - discharge of cargo without bills of lading, time charter, voyage charter, letters of credit, "to order" bills of lading, letter of indemnity, vessel arrested, arbitration, challenge to reasonableness of settlement, mis-delivery, implied indemnity, principles of wrongful interference with contractual relations - measure of damages in conversion .