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Butler v Johnston

Butler v Johnston

Case [1984] FCA 120

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AGLC: Butler, Rita Marjorie & Ors v Johnston, Kenneth Joseph & Ors [1984] FCA 120 (55 ALR 265; 4 FCR 83)
Case: [1984] FCA 120
Decision Date: 03 MAY 1984

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Orders

Orders of the court

(1) that the appeal be dismissed.

(2) that the appellant pay the respondent's costs of this appeal.

Appeal dismissed with costs.

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Citations

Butler, Rita Marjorie & Ors v Johnston, Kenneth Joseph & Ors [1984] FCA 120 (55 ALR 265; 4 FCR 83)

Most Recent Citation

Waugh Hotel Management v Marrickville Council [2007] NSWLEC 775

Cases Citing This Decision

Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd [2013] NSWSC 36
Citation 1

…tion judicially adopted has been that the operation of the phrase 'relating to' is determined by the statutory context and purpose: Butler v Johnston (1984) 4 FCR 83 at 87; Hatfield v Health Insurance Commission (1987) 15 FCR 487 at 491."…
O'Sullivan v R; Flanders v R; Tohu v R and NRH v R [2012] NSWCCA 45
Citation 2

…ion judicially adopted has been that the operation of the phrase 'relating to' is determined by the statutory context and purpose: Butler v Johnston [(1984) 4 FCR 83 at 87]; Hatfield v Health Insurance Commission (1987) 15 FCR 487 at 491."…
CALLER and COMMISSIONER OF TAXATION [2009] AATA 890
Citation 3

…rom statute to statute. As was said by Blackburn, Gallop & Neaves JJ in Butler v Johnston (1984) 4 FCR 83 at 87: “It is clear that the words ‘in respect of’ can convey a meaning of wide import, but their exact width will depend upon the context in which they appear. Reference to individual cases on different statu…
The Electrical Goods Importer and Commissioner of Taxation [2009] AATA 854
Citation 4 (Para 1)

…are terms which fluctuate in operation from statute to statute. As was said by Blackburn, Gallop & Neaves JJ in Butler v Johnston (1984) 4 FCR 83 at 87: It is clear that the words ‘in respect of’ can convey a meaning of wide import, but their exact width will depend upon the context in which they appear. Reference…
J.E.M. Nominees Pty Ltd v Insurance News Pty Ltd [2008] FMCA 1227
Citation 5 (Para 10)

…lem can also arise with respect to the titles of books. In Re Happy Landings Pty Ltd; Ross Horne; Toni Bobbin v Magazine Promotions Australia Pty Ltd [1984] FCA 120, the Applicants had written a cookbook titled “The Healthy Revolution” and sought to restrain the Respondent from publishing and distributing its own…
Prushka Fast Debt Recovery Pty Ltd and Commissioner of Taxation [2008] AATA 762
Citation 6

…nterpretation. They are terms which fluctuate in operation from statute to statute. As was said by Blackburn, Gallop & Neaves JJ in Butler v Johnston (1984) 4 FCR 83 at 87: "It is clear that the words `in respect of ' can convey a meaning of wide import, but their exact width will depend upon the context in which…
Woodside Energy Ltd v Commissioner of Taxation [2006] FCA 1303
Citation 7

…Butler v Johnston (1984) 4 FCR 83 cited Hatfield v Health Insurance Commission (1987) 15 FCR 487 cited Robe River Mining Co Pty Ltd v Commissioner of Taxation (1988) 19 FCR 294 cited PMT Partners Pty Ltd (In liq) v Australian National Parks and Wildlife Service (1995) 184 CLR 301 cited Dr Ken Michael AM; Ex parte Epic Ener…
Brambles Australia Limited and Secretary, Department of Industry, Tourism and Resources [2003] AATA 1032
Citation 8

…phrase ‘relating to’ is determined by the statutory context and purpose: Butler v Johnston (1984) 55 ALR 265 at 268; Hatfield v Health Insurance Commission (1987) 77 ALR 103; at 106–7. ”…
McKinnon and Secretary, Department of Family and Community Servic Es [2003] AATA 415
Citation 9

…n: see State Government Insurance Office (Qld) v Rees (1979) 144 CLR 549 at 560-1; 26 ALR 341, Butler v Johnston, Guild & Somes (1984) 55 ALR 265 at 268, and Secretary, Department of Social Security v Siviero (1986) 68 ALR 147 at 156-7; 11 ALN N114. …”…
Yelds v Nurses Tribunal [2000] NSWSC 755
Citation 10

…e, it is the conduct itself which is “the gravamen of the complaint, rather than the professional incompetence which the conduct reveals”. In the context of this legislation, I consider that the necessary relationship between the alleged misconduct and the practice of nursing for the purposes of s 4(2)(e) is demonst…
Oceanic Life Ltd v Chief Commissioner of Stamp Duties [1999] NSWCA 416
Citation 11

…yland Motor Corp of Australia Ltd (No 2) (1977) 14 ALR 457 Bambro [No 2] Pty Ltd v Commissioner of Stamp Duties (1963) SR (NSW) 522 Butler v Johnston (1984) 55 ALR 265 Carlill v Carbolic Smokeball Company [1893] 1 QB 256 Colakovski v Telecommunications Corporation (1991) 100 ALR 111 Commissioner of Stamp Duties (NSW…
Jennings Constructions Pty Ltd v Workers Rehabilitation and Compensation Corporation No. Scgrg-97-339 Judgment No. 6748 Number of Pages 29 Workers' Compensation [1998] SASC 6748
Citation 12

…cise context in which it appears and a consideration of the purpose or object underlying the relevant legislation (Butler v Johnston, Guild and Somes (1984) 55 ALR 265 at 268).…
The Workers Rehabilitation and Compensation Corporation (Appellant) v JR Engineering Services Pty Ltd, Western Mining Corporation (Olympic Dam Operations) and Jeffrey John Ball (Respondent 3) No. SCGRG 94/970... [1995] SASC 4992
Citation 13

…cise context in which it appears and a consideration of the purpose or object underlying the relevant legislation (Butler v Johnston, Guild and Somes (1984) 55 ALR 265 at 268).…
Van Gerven v Fenton [1990] TASSC 91
Citation 14 (Para 1)

…of the purpose of the recovery sections in the Act, see the decision of the Full Court of the Federal Court of Australia in Butler v Johnston & Or . (1984) 55 ALR 265 especially at p.269 and following). In addition, the Commonwealth as the plaintiff's employer has paid out travelling expenses to the plaintiff amoun…
NJ [2022] QCAT 283
Citation 15 (Para 1)

…ld) (1989) 167 CLR 45 at 47, 51. O’Grady v Northern Queensland Co Ltd (1990) 169 CLR 356 at 376 at 374. Applied in Butler v Johnson (1984) 55 ALR 265 at 268: “the words ‘in respect of’ can convey a meaning of wide import, but their exact width depends upon the context in which they appear”. See also Trustees Executo…
Sodexo Remote Sites Australia Pty Ltd v Sirrom Corporation Holdings Pty Ltd [2021] QDC 308
Citation 16

…16 (Qld), ss. 119, 164 Sustainable Planning Act 2009 (Qld), ss. 308, 344-347, 436, 440, 461, 495-496, 498-500, and 650 CASES: Butler v Johnston (1984) 4 FCR 83 Gold Coast City Council v Sunland Group [2019] QCA 118 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Queensland Newsagents Federation…
Worth v Loongana Lime Pty Ltd [2005] WASC 126
Citation 17

…93) 43 FCR 475 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Bradburn v Great Western Railway (1874) LR10Exch 1 Butler v Johnston, Guild & Somes (1984) 4 FCR 83 Clever Management Pty Ltd & Ors v Bergh & Anor, unreported; SCt of WA; Library No 960593; 11 October 1996 Collector of Customs v Agfa-Gevaert Ltd (19…
Secretary, Department of Social Security v a'Beckett [1990] FCA 491
Citation 18

…and object of the legislation: see State Government Insurance Office (Qld) v. Rees (1979) 144 CLR 549 at 560-561, Butler v. Johnston, Guild and Somes (1984) 55 ALR 265 at 268, and Secretary, Department of Social Security v. Siviero (1986) 68 ALR 147 at 156-157.…
Hatfield v Health Insurance Commission [1987] FCA 462
Citation 19

…on. They are terms which fluctuate in operation from statute to statute. As was said by Blackburn, Gallop & Neaves JJ. in Butler v. Johnston & Others (1984) 55 ALR 265 at 268:-…
Hughes v Western Australian Cricket Association (Inc) [1986] FCA 382
Citation 20

…Butler v Johnston, Guild & Somes (1984) 55 ALR 265…
Raptis v City of Melbourne [2017] VSC 247
Citation 21

…the phrase ‘relating to’ is determined by the statutory context and purpose. Butler v Johnston (1984) 55 ALR 265, 268; Hatfield v Health Insurance Commission (1987) 77 ALR 103, 106-107.…
Rivers SOS Inc v Minister for Planning [2009] NSWLEC 213
Citation 22

…ts v McCann (1990) 170 CLR 596 Botany Bay City Council v Minister of State for Transport and Regional Development (1996) 66 FCR 537 Butler v Johnston (1984) 4 FCR 83 Cracknell and Lonergan Pty Ltd v Council of the City of Sydney [2007] NSWLEC 392; (2007) 155 LGERA 291 Geelong Community for Good Life Inc v Environm…
Waugh Hotel Management v Marrickville Council [2007] NSWLEC 775
Citation 23

…hat the operation of the phrase ``relating to'’ is determined by the statutory context and purpose: Butler v Johnston (1984) 55 ALR 265 at 268; Hatfield v Health Insurance Commission (1987) 77 ALR 103 at 106–7.…

Cases Cited

Statutory Material Cited

McDowell v Baker [1979] HCA 44
Citation 1

…he history and operation of the Workers' Compensation Act 1916 (Qld) in the judgments of Gibbs J. (as he then was) and Aickin J. in McDowell v. Baker (1979) 144 CLR 413; 26 ALR 277. It may be noted that what is said there concerning the relationship between workers' compensation and common law tort liability is equal…
Club Motor Insurance Agency Pty Ltd v Sargent [1969] HCA 21
Citation 2

…63; Theiss Bros Pty Ltd v. N.Z. Insurance Co. Ltd (1968) 13 FLR 3; Strang v. Sargent (1968) 13 FLR 29; Club Motor Insurance Agency Pty Ltd v. Sargent (1969) 118 CLR 658, followed.…
Genders v Government Insurance Office of New South Wales [1959] HCA 30
Citation 3

…Trustee's Executors & Agency Co. Ltd v. Reilly (1941) VLR 110; Paterson v. Chadwick (1974) 1 WLR 890; Genders v. G.I.O. (N.S.W.) (1959) 102 CLR 363; Theiss Bros Pty Ltd v. N.Z. Insurance Co. Ltd (1968) 13 FLR 3; Strang v. Sargent (1968) 13 FLR 29; Club Motor Insurance Agency Pty Ltd v. Sargent (1969) 118 CLR 658, fol…

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