Sunland Group v Gold Coast CC [2021] HCA 35
A developer argued that it was subject to lower infrastructure contributions under earlier DA conditions rather than at a higher rate under later planning legislation. All the judges rejected this.
Gordon J (at [18-19]) emphasised that the duty to attribute legal meaning to the text ‘remains constant, regardless of whether the …
Buddhist Society WA v FCT (No 2) [2021] FCA 1363
The ATO revoked the DGR status of the society. The latter argued that, by doing this and seeking further information8, the ATO now had a reverse onus to show why the society was not entitled to DGR status.
This was rejected by the judge (at [36-38]) because the …
Addy v FCT [2021] HCA 34
A UK national on a working holiday visa was taxed at a higher rate than an Australian national would be. She said this was unlawful under a treaty because it subjected her to ‘other or more burdensome’ taxation than Australians ‘in the same circumstances …in particular with respect to residence’10.
The court …
Patten v Mareangareu [2021] VSCA 295
A police officer was convicted of offences and dismissed. The convictions were later quashed and he sought reappointment13. The trial judge said the power to reappoint ‘should be construed beneficially for the police officer’ and ordered reappointment.
The appeal court, however, held (at [57]) that to identify a beneficial purpose up-front ‘may …
DPP Reference No 1 of 2019 [2021] HCA 26
A 1995 case set the test for criminal recklessness in Victoria as awareness of the accused that serious injury would probably result4. Later amendments were silent on the test to be applied. The test in NSW required only a possibility in this regard, and the High Court later also …
Sydney Seaplanes v Page [2021] NSWCA 204
A woman died in a plane crash in 2017. Less than 2 years later (just within the limitation period), her father sued the operator for damages in the FCA. This was dismissed, as the flight was wholly within NSW. To re-start in the NSWSC, there had to be ‘an order of a federal …
Genesian Theatre v NSW [2021] NSWSC 1089
Paula Bate said many times she wanted to leave everything to the theatre. There was no dispute about this, but she never made a will. She died, her estate vested in the State, and the theatre tried to claim it – refused. The issue was whether the theatre as a corporation was a …
AAI Limited v Technology Swiss [2021] FCAFC 168
This insurance case (at [163]) stresses that the meaning of a contract has nothing to do with subjective intentions of the parties. The High Court case quoted from, Byrnes v Kendall, makes parallel observations for statutes13. From every angle, interpretation in both spheres is to be objective.
With statutes, …
Thaler v Commissioner of Patents [2021] FCA 879
On the use of dictionaries to resolve the meaning of ‘inventor’, Beach J in Thaler (at [15]) said more was required than ‘mere resort to old millennium usages’. If words are only ‘pictures of ideas’, the judge needed ‘to grapple with the underlying idea’.
The judge (at [147-153) noted – (1) choice …
King Eeducational v CEO (No 3) [2021] FCA 692
This case deals with an amended provision requiring a decision-maker to be satisfied the applicant ‘is complying, or will comply’ with conditions8. The contextual meaning of ‘and’ and ‘or’ is discussed9.
Also dealt with is a ‘changes in style’ argument that, because the amended provision ‘appears to …
