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Tabcorp Holdings Limited v Victoria [2016] HCA 4

French CJ, Kiefel, Bell, Keane, Gordon JJ
Date: 2 Mar 2016 Case Number: M81/2015
Statutes – Interpretation – Where conjoined "wagering licence" and "gaming licence" issued under statutory scheme – Where statute provided for payment on "grant of new licences" – Where statutory scheme amended so no new wagering licence and gaming licence could be issued – Whether "grant of new licences" confined to grant of new wagering licence and gaming licence – Whether payment due.

Statutes – Interpretation – Context – Relevance of legislative history – Relevance of commercial context.

Statutes – Interpretation – Principle of legality – Whether principle engaged where nature of right is contingent and interest to be protected is limited.

Words and phrases – "gaming licence", "gaming machine entitlement", "grant of new licences".

Gambling Regulation Act 2003 (Vic) – Pt 4A of Ch 3, Pt 3 of Ch 4, ss 4. 3. 4A, 4. 3. 12.

Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8

236 CLR 272; 83 ALJR 390; 253 ALR 1
French CJ, Gummow, Heydon, Crennan, Kiefel JJ
Date: 12 Feb 2009 Case Number: M63/2008
Contract – Damages - Lease - Tenant's covenant - Covenant not to make any substantial alteration to premises without consent - Appropriate measure of damages for tenant's breach.

Contract – Damages - Lease - Principle in Robinson v Harman (1848) 1 Ex 850 [154 ER 363] - Whether costs of rectification available - Whether rectification must be reasonable - Relevance of commercial character of premises - Whether landlord entitled only to damages for diminution in value of reversion.

Words and phrases – "costs of repair", "rectification costs".

Tabe v The Queen [2005] HCA 59

225 CLR 418; 79 ALJR 1890; 221 ALR 503
Gleeson CJ, McHugh, Hayne, Callinan, Heydon JJ
Date: 6 Oct 2005 Case Number: B67/2004
Criminal law – Attempted possession of dangerous drug – Unopened parcel contained dangerous drug – Innocuous substance substituted by police for drug – Principal offender obtained custody of unopened parcel – Appellant charged with aiding, abetting or counselling attempted possession of dangerous drug – Whether possession of a dangerous drug pursuant to s 9 Drugs Misuse Act 1986 (Q) requires proof of a mental element – Whether attempting to possess a dangerous drug pursuant to s 4(1) of the Criminal Code (Q) requires proof of a mental element – Whether custody of a dangerous drug without knowledge of its contents is sufficient to establish possession or an attempt to possess – Whether requisite state of knowledge differs between principal offender and accessory alleged to have aided, counselled or procured custody of receptacle.

Criminal law – Onus of proof – Whether possession of a dangerous drug pursuant to s 9 Drugs Misuse Act requires Crown to prove a mental element – Whether s 57(d) Drugs Misuse Act requires accused to prove absence of a mental element.

Criminal Code (Q) – ss 4(1), 7(1), 24, 36(1), 535, 536, 583

Drugs Misuse Act 1986 (Q) – ss 9, 44, 44A, 57(c), 57(d), 117(1)

Words and Phrases – "possession", "[a]ttempts to commit offences".

Tabet v Gett [2010] HCA 12

240 CLR 537; 84 ALJR 292; 265 ALR 227
Gummow ACJ, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Date: 21 Apr 2010 Case Number: S259/2009
Negligence – Medical negligence - Damage - Loss of chance - Appellant suffered irreversible brain damage - Respondent's delay in providing proper treatment breached duty of care owed to appellant - Where not established on balance of probabilities that breach caused any part of brain damage - Where breach at most caused loss of less than 50% chance of better outcome - Whether law of tort recognises or should recognise loss of chance of better outcome as damage giving rise to liability in negligence - Relevance of policy considerations concerning extension of liability in medical negligence cases.

Negligence – Medical negligence - Damage - Loss of chance - Trial judge assessed as 40% the lost chance of better outcome - Court of Appeal found evidence supported no more than 15% chance of better outcome - Whether evidence sufficient to establish loss of chance of better outcome - Whether inference could properly be drawn from evidence as to loss of chance.

Words and phrases – "balance of probabilities", "damage", "gist of the action", "loss of a chance of a better outcome", "standard of proof".

Tahiri v Minister for Immigration and Citizenship [2012] HCA 61

87 ALJR 225; 293 ALR 526
French CJ, Bell, Gageler JJ
Date: 13 Dec 2012 Case Number: M77/2012
Immigration – Visa – Refugee and Humanitarian (Class XB) visa – Subclass 202 Global Special Humanitarian – Public interest criterion 4015 – Combined application by mother and dependent children as additional applicants – Where applicants citizens of Afghanistan living in Pakistan – Where children's father missing – Where delegate found children's "home country" to be Afghanistan – Where delegate not satisfied that father or relatives of father consented to grant of visa – Whether delegate's decision based on correct legal understanding of public interest criterion 4015 – Whether failure to disclose adverse material.

Words and phrases – "home country", "person who can lawfully determine where the additional applicant is to live", "usually a resident", "usually resident".

Migration Act 1958 (Cth) – ss 31, 66.

Migration Regulations 1994 (Cth) – reg 1. 03, Sched 2, Subclass 202, Sched 4, item 4015.

Taiapa v The Queen [2009] HCA 53

240 CLR 95; 84 ALJR 143; 261 ALR 488
French CJ, Heydon, Crennan, Kiefel, Bell JJ
Date: 16 Dec 2009 Case Number: B6/2009
Criminal law – Defences - Compulsion - Applicant convicted of possession of and trafficking in a dangerous drug - Whether Court of Appeal erred in holding that evidence did not disclose a case fit for consideration by jury that there were reasonable grounds for applicant's belief that he was otherwise unable to escape the carrying out of the threat within the meaning of s 31(1)(d) of the Criminal Code (Q).

Words and phrases – "reasonable belief".

Criminal Code (Q) – s 31(1)(d).

Tajjour v New South Wales [2014] HCA 35

88 ALJR 860; 313 ALR 221
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Date: 8 Oct 2014 Case Number: S36/2014 S37/2014 S38/2014
Constitutional law – Implied freedom of political communication – Section 93X of Crimes Act 1900 (NSW) made it offence habitually to consort with convicted offenders after receiving official warning in relation to each convicted offender – Plaintiffs charged with offence against s 93X – Whether s 93X infringes implied freedom of political communication.

Constitutional law – Implied freedom of association – Whether Constitution contains an implied freedom of association independent of implied freedom of political communication.

Constitutional law – Powers of State Parliaments – Provisions of international convention ratified by Australia but not incorporated by statute in Australian domestic law – Whether capable of limiting power of State Parliaments to enact inconsistent legislation.

Words and phrases – "effectively burden", "habitually consort", "proportionality", "reasonably appropriate and adapted".

Crimes Act 1900 (NSW) – ss 93W, 93X, 93Y.

Talacko v Bennett [2017] HCA 15

Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ
Date: 3 May 2017 Case Number: M154/2016
Procedure – Enforcement of Australian judgment debt in foreign jurisdiction – Where respondents obtained certificate under s 15(1) of Foreign Judgments Act 1991 (Cth) certifying finality of Australian judgment – Where application for such certificate may not be made until expiration of any stay of enforcement of judgment in question – Where judgment debtor bankrupt – Whether certificate valid – Whether s 58(3) of Bankruptcy Act 1966 (Cth) operated to impose a stay of enforcement for purposes of Foreign Judgments Act 1991 (Cth).

Words and phrases – "enforcement by execution", "stay of enforcement of the judgment".

Bankruptcy Act 1966 (Cth) – ss 58(3), 60(1)(b), 60(2).

Foreign Judgments Act 1991 (Cth) – ss 3(1), 15.

Tame v New South Wales [2002] HCA 35

211 CLR 317; 76 ALJR 1348; 191 ALR 449
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 5 Sep 2002 Case Number: S83/2001 P97/2000
Tame v New South Wales

Negligence
– Duty of care - Psychiatric injury - Motor accident - Clerical error by police constable in recording driver's blood alcohol content - Psychotic depressive illness caused by driver learning of mistake - Whether duty of care owed by police constable to driver - Whether psychiatric injury reasonably foreseeable - Whether sole determinant of duty - Other control mechanisms for imposition of duty - Normal fortitude - Sudden shock - Direct perception - Immediate aftermath.

Annetts v Australian Stations Pty Limited

Negligence
– Duty of care - Psychiatric injury - Death of child - Assurances of constant supervision of child made by employer to parents - Whether duty of care owed by employer of child to parents - Whether psychiatric injury reasonably foreseeable - Whether sole determinant of duty - Other control mechanisms for imposition of duty - Normal fortitude - Sudden shock - Direct perception - Immediate aftermath.

Tanwar Enterprises Pty Limited v Cauchi [2003] HCA 57

217 CLR 315; 77 ALJR 1853; 201 ALR 359
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Date: 7 Oct 2003 Case Number: S341/2002
Vendor and purchaser – Contracts for sale of land – Default by purchaser – Notice of termination – Supplemental deed requiring completion by stipulated date – Time of essence – Default by purchaser – Notice of termination – Purchase price available following day – Specific performance – Whether unconscientious for vendors to exercise right of termination – Whether relief on the ground of "accident" available in face of essential time stipulation.

Equity – Relief against forfeiture – Contracts for sale of land – Default by purchaser – Whether unconscientious for vendors to exercise right of termination – Whether default occasioned by "accident" – Whether relief on the ground of "accident" available in face of essential time stipulation.

Tasty Chicks Pty Limited v Chief Commissioner of State Revenue [2011] HCA 41

245 CLR 446
French CJ, Gummow, Crennan, Kiefel, Bell JJ
Date: 5 Oct 2011 Case Number: S218/2011
State taxation – Pay-roll tax - Taxpayer dissatisfied with Chief Commissioner's determination of objection to assessments may apply to Supreme Court for "review" pursuant to Taxation Administration Act 1996 (NSW), s 97.

Administrative law – Courts - Original jurisdiction upon statutory "appeal" and "review" in respect of administrative decision - Nature, power and duties of court in exercise of that jurisdiction.

Words and phrases – "appeal", "review".

Taxation Administration Act 1996 (NSW) – ss 97, 101.

Pay –roll Tax Act 1971 (NSW), Pt 4A.

Taylor v The Owners – Strata Plan No 11564 [2014] HCA 9

88 ALJR 473; 306 ALR 547
French CJ, Crennan, Bell, Gageler, Keane JJ
Date: 2 Apr 2014 Case Number: S179/2013
Statutes – Statutory construction – Whether Court of Appeal erred in construction of Civil Liability Act 2002 (NSW), s 12(2) – Whether Civil Liability Act 2002 (NSW), s 12(2) limits awards of damages under Compensation to Relatives Act 1897 (NSW), ss 3, 4 – Whether s 12(2) limitation applies to deceased's gross weekly earnings.

Words and phrases – "claimant", "deceased", "gross weekly earnings", "loss of expectation of financial support".

Civil Liability Act 2002 (NSW) – ss 12(1), 12(2).

Compensation to Relatives Act 1897 (NSW) – ss 3, 4.

TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5

87 ALJR 410; 295 ALR 596
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler JJ
Date: 13 Mar 2013 Case Number: S178/2012
Constitutional law – Judicial power of Commonwealth – Constitution, Ch III – Section 16(1) of International Arbitration Act 1974 (Cth) provided that UNCITRAL Model Law on International Commercial Arbitration ("Model Law") has "force of law in Australia" – Article 35 of Model Law provided that arbitral award shall be enforced upon application to "competent court" – Where Federal Court of Australia had no power to refuse to enforce arbitral award for error of law on face of award – Whether institutional integrity of Federal Court impermissibly impaired – Whether judicial power of Commonwealth vested in arbitral tribunals.

Words and phrases – "arbitral award", "institutional integrity", "judicial power".

Constitution – Ch III.

International Arbitration Act 1974 (Cth) – Pt III, ss 16(1), 19, Sched 2 Arts 5, 8, 28, 34, 35, 36.

TEC Desert Pty Ltd v Commissioner of State Revenue [2010] HCA 49

241 CLR 576; 85 ALJR 316; 273 ALR 134
French CJ, Gummow, Heydon, Crennan, Kiefel JJ
Date: 15 Dec 2010 Case Number: P26/2010
Stamp duties – Conveyance on sale - Interest in land - Sale Agreement provided for sale to appellants of chattels of WMC Resources Ltd ("WMC") - Sale Agreement required WMC to grant appellants, for a fee, licences to use "Fixtures" - "Fixtures" defined in Sale Agreement as items "affixed to land, and an estate or interest in which is therefore an estate or interest in land" - Most WMC assets on land subject of WMC mining tenements - Whether Sale Agreement transferred interest in land - Whether interest in items affixed to land subject of mining tenements interest in land - Whether such items "Fixtures".

Real property – Mining tenements - Mining plant - Whether interest of holder of mining tenement interest in land - Whether interest in mining plant, affixed to land, interest in land - Relevance of general law concerning fixtures.

Stamp duties – Conveyance on sale - Interest in land - Some WMC assets on WMC freehold land - On termination of licences, appellants required to acquire WMC's right, title and interest in "Fixtures" - WMC warranted it had title to "Fixtures" notwithstanding their affixation to freehold - Whether obligation to acquire "Fixtures" on WMC freehold effected transfer of interest in land - Nature of title to "Fixtures" dealt with under licences - Whether appellants' obligation to rehabilitate land, or negative covenant preventing WMC assigning freehold without assignee being bound by licences, created interests in land.

Words and phrases – "fixture", "mining lease", "mining plant".

Mining Act 1904 (WA) – ss 108(3), 273.

Mining Act 1978 (WA) – s 114.

Stamp Act 1921 (WA) – ss 19(a), 63(1), 70(2).

Telstra Corporation Limited v The Commonwealth [2008] HCA 7

234 CLR 210; 82 ALJR 521; 243 ALR 1
Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Date: 6 Mar 2008 Case Number: S42/2007
Constitutional law (Cth) – Limitations on legislative powers - Acquisition of property on just terms - Declaration by the Australian Competition and Consumer Commission ("the Commission") that certain telecommunications services were "declared services" for the purposes of the Trade Practices Act 1974 (Cth) ("the Act") - The plaintiff owned the infrastructure needed to provide the declared services - Requirement in s 152AR of the Act that other service providers be given access to the plaintiff's infrastructure for the purpose of providing the declared services in direct competition with the plaintiff - Further requirement in s 152AY of the Act that access to infrastructure be given on terms and conditions agreed between the plaintiff and the access seeker or, in the absence of such agreement, pursuant to one of two alternative methods that relied upon the approval or determination of the Commission (with the Australian Competition Tribunal exercising review powers) - Whether the Commission's declaration and the subsequent obligation on the plaintiff to make its infrastructure available to its competitors effected an acquisition of property other than on just terms.

Communications law – Telecommunications services - Infrastructure to provide declared services - Requirement that other service providers be given access to plaintiff's infrastructure for the purpose of providing declared services in direct competition with the plaintiff - Whether obligation to provide access effected an acquisition of property other than on just terms.

Constitution – s 51(xxxi).

Trade Practices Act 1974 (Cth) – Pt XIC.

Tepko Pty Limited v Water Board [2001] HCA 19

178 ALR 634
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 5 Apr 2001 Case Number: S36/2000
Negligence – Negligent misstatement - Economic loss - Statutory authority - No statutory obligation to answer queries - Estimate sought and "upper limit" figure provided - Whether duty of care owed - Knowledge of serious purpose - Known reliance - Assumption of responsibility - Whether appreciation of consequences of error - Whether reasonable to rely on "ball-park" figure.

Practice and procedure – Separate trial of issues - Need for clear justification - Difficulties of separate trial of issues - Use of books of documents where status and relevance in the trial are uncertain - Identification of documents in evidence.

Metropolitan Water – Sewerage, and Drainage Act 1924 (NSW), ss 6A, 7, 34A.

Water Board Act 1987 (NSW) – s 5.

Water Board (Corporatisation) Act 1994 (NSW) – s 107.

The Chief Executive Officer of Customs v Granite Arms Pty Ltd [2005] HCA 51

222 CLR 149; 79 ALJR 1613; 221 ALR 137
Gleeson CJ, McHugh, Gummow, Callinan, Heydon JJ
Date: 8 Sep 2005 Case Number: B77/2004
Customs – Importation of handguns – Requirement in sub-item 4. 1(a) of the Customs (Prohibited Imports) Regulations 1956, Sched 6, Pt 1 ("the Regulations") that the importer of a handgun has been given a statement by police authorities to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the handgun or that such licence or authorisation is not required under the law of the relevant State or Territory – Second respondent had contracted to purchase handguns but its import permit was subsequently rescinded by the Queensland Police Service – Handguns were then consigned to first respondent in Victoria – Whether the guns were liable to condemnation as forfeited to the Crown – Whether a consignee of handguns is "the importer" of the articles for the purposes of the Regulations.

Words and phrases – "importer".

Customs Act 1901 (Cth) – s 68.

Customs (Prohibited Imports) Regulations 1956 – Sched 6, Pt 1.

The Commonwealth v Australian Capital Territory [2013] HCA 55

88 ALJR 118; 304 ALR 204
French CJ, Hayne, Crennan, Kiefel, Bell, Keane JJ
Date: 12 Dec 2013 Case Number: C13/2013
Constitutional law (Cth) – Powers of federal Parliament – Section 51(xxi) – Marriage – Whether s 51(xxi) confers power with respect to same sex marriage.

Territories (ACT) – Inconsistency of Commonwealth and Territory laws – Marriage Act 1961 (Cth) defined "marriage" as "the union of a man and a woman" – Marriage Equality (Same Sex) Act 2013 (ACT) provided for "marriage" between "2 people of the same sex" – Whether ACT Act capable of operating concurrently with Commonwealth Act under s 28(1) of Australian Capital Territory (Self Government) Act 1988 (Cth).

Words and phrases – "consistent . . . to the extent that it is capable of operating concurrently", "marriage".

Constitution – ss 51(xxi), 51(xxii).

Australian Capital Territory (Self Government) Act 1988 (Cth), s 28(1).

Marriage Act 1961 (Cth) – ss 5(1), 88EA.

Marriage Amendment Act 2004 (Cth).

Marriage Equality (Same Sex) Act 2013 (ACT)
– s 3, dictionary.

The Commonwealth v Yarmirr [2001] HCA 56

208 CLR 1; 75 ALJR 1582; 184 ALR 113
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 11 Oct 2001 Case Number: D7/2000 D9/2000
Aboriginals – Native title in relation to waters - Application for determination of native title to seas, sea-bed and sub-soil - Territorial application of Native Title Act 1993 (Cth) - Whether common law applies to territorial sea beyond low-water mark - Whether common law recognises native title in territorial sea beyond low-water mark - Whether recognition by common law influenced by legislative purpose of Native Title Act 1993 (Cth) - Relevance of concept of radical title - Effect of successive acquisitions of sovereignty over the territorial sea and sea-bed by the Crown in right of the United Kingdom in 1824 and the Crown in right of the Commonwealth by the Seas and Submerged Lands Act 1973 (Cth) - Nature and effect of right and title to the territorial sea and sea-bed vested in the Northern Territory by the Coastal Waters (Northern Territory Title) Act 1980 (Cth).

Aboriginals – Native title in relation to waters - Whether evidence demonstrated rights under traditional law and custom to possession, occupation, use and enjoyment of the territorial sea and sea-bed within the claimed area to the exclusion of all others - Whether evidence demonstrated right under traditional law and custom to exclusive fishery - Whether right of exclusive possession asserted effectively - Whether public rights to fish and to navigate and international right of innocent passage in territorial sea inconsistent with exclusive native title rights.

Acts Interpretation Act 1901 (Cth) – s 15B.

Coastal Waters (Northern Territory Powers) Act 1980 (Cth) – s 5.

Coastal Waters (Northern Territory Title) Act 1980 (Cth) – s 4.

Native Title Act 1993 (Cth) – ss 6, 11, 223, 225 and 253.

Off –shore Waters (Application of Territory Laws) Act 1985 (NT), ss 2 and 3.

Seas and Submerged Lands Act 1973 (Cth) – ss 6, 7 and 11.

The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49

213 CLR 543; 77 ALJR 40; 192 ALR 561
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Date: 7 Nov 2002 Case Number: S27/2002
Evidence – Legal professional privilege - Statutory notice to produce documents - Whether statute abrogated legal professional privilege.

Trade practices – Notice to produce documents to Australian Competition and Consumer Commission - Commission investigating whether Trade Practices Act 1974 (Cth) contravened - Whether documents to be produced included those for which legal professional privilege claimed.

Trade Practices Act 1974 (Cth) – s 155.

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