McAuliffe v The Queen: 28 Jun 1995

References: (1995) 69 ALJR 621, [1995] HCA 37, (1995) 130 ALR 26, (1995) 183 CLR 108
Links: Austlii
Ratio: Austlii (High Court of Australia) Criminal Law – Murder – Complicity – Common purpose to assault victim – Death – Direction that jury might convict if satisfied accused contemplated that intentional infliction of grievous bodily harm possible incident of joint enterprise.
Jurisdiction: Australia
This case is cited by:

  • Cited – Rahman and Others, Regina v HL (Bailii, [2008] UKHL 45, [2008] 3 WLR 264, Times 07-Jul-08, HL, [2009] 1 Cr App Rep 1, [2008] Crim LR 979, [2009] AC 129, [2008] 4 All ER 351)
    The defendants appealed against their convictions for murder. None had themselves inflicted any violence, but were convicted as part of a joint enterprise. They said they had not known that the principal carried a knife. They said that the evidence . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 270891

Rowe d. Bamford v Hayley: 1810

References: (1810) 12 East 464
Ratio: The benefit of a break clause passes automatically with the term of the lease creating it.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Harbour Estates Limited v HSBC Bank Plc ChD ([2004] EWHC 1714 (Ch), Bailii, [2005] 2 WLR 67, [2004] 3 All ER 1057, [2005] 1 EGLR 107, [2005] Ch 194)
    The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
    Held: The . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 263187

Harbour General Works Ltd v Environment Agency: 2000

References: [2000] 1 Lloyd’s Rep 65
Ratio:
Jurisdiction: England and Wales
This case is cited by:

  • Mentioned – Cetelem Sa v Roust Holdings Ltd CA (Bailii, [2005] EWCA Civ 618, Times 13-Jun-05, [2005] 1 WLR 3555)
    The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 226190

Hesketh v Gowing: 1804

References: (1804) 5 Esp 131
Ratio: Where a father placed his children in the care of a nurse or servant, he might have financial responsibility for necessaries bought for the child.
Jurisdiction: England and Wales
This case is cited by:

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 228608

Bonham-Carter v Hyde Park Hotel: 1948

References: (1948) 64 TLR 177
Coram: Goddard LCJ
Ratio: A party claiming damage for breach of a covenant to repair in a lease must prove that damage.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Crewe Services and Investment Corporation v Silk CA (Times 02-Jan-98, Bailii, [1997] EWCA Civ 2872, [1998] 35 EG 81)
    The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might . .
  • Cited – Latimer and Another v Carney and others CA (Bailii, [2006] EWCA Civ 1417)
    The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 245776

The Herald and Weekly Times Ltd v Federal Commissioner of Taxation: 21 Nov 1932

References: (1932) 48 CLR 113, [1932] HCA 56
Links: Austlii
Coram: Gavan Duffy CJ and Dixon J
Ratio: (High Court of Australia) The taxpayer newspaper sought to set off against its liability to income tax, sums which it had paid out in damages for defamation.
Held: They were deductible. Such claims against a newspaper are a ‘regular and almost unavoidable incident of publishing it’ and the damages are compensatory rather than punitive.
Jurisdiction: Australia
This case is cited by:

  • Cited – McKnight (Inspector of Taxes) v Sheppard HL (Times 18-Jun-99, Gazette 07-Jul-99, House of Lords, Bailii, [1999] UKHL 6, [1999] 1 WLR 1333, [1999] 3 All ER 491)
    The taxpayer sought to set off against tax some pounds 200,000 spent defending professional disciplinary proceedings. The House was asked whether this was ‘money wholly and exclusively laid out or expended for the purposes of the trade.’
    Held: . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 266054