High Court Bulletin
Produced by the High Court of Australia Library
[2010] HCAB 11 (19 November 2010)
A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated.
1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Refused
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the November 2010 sittings.
Selected Seeds Pty Ltd v QBEMM Pty Ltd & Ors
B16/2010: [2010] HCA 37.
Judgment delivered: 3 November 2010.
Coram: French CJ, Hayne, Crennan, Kiefel and Bell JJ.
Catchwords:
Insurance — Product liability insurance — Insurance policy — Indemnity — Exclusion clause — Appellant seed merchant sold contaminated seed — Planting of seed by third party resulted in damage to property — Exclusion of liability caused by or arising from “the failure of any Product to correctly fulfil its intended use or function” — Proper construction of exclusion clause — Whether liability for damage arose out of failure of product to fulfil its intended use or function — Distinction between product failing to fulfil intended use or function and causing positive harm.
Words and phrases — “intended use or function”.
Appealed from Qld SC (CA): [2009] QCA 286; (2009) 15 ANZ Ins Cas ¶61-821.
The Queen v Nguyen
M23/2010: [2010] HCA 38.
Judgment delivered: 3 November 2010.
Coram: Hayne, Heydon , Crennan, Kiefel and Bell JJ.
Catchwords:
Criminal law — Appeal — Verdict unreasonable or cannot be supported having regard to the evidence — Respondent found guilty by jury of murder and attempted murder by complicity — Court of Appeal quashed convictions on ground that verdicts “unsafe and unsatisfactory” in the sense that verdicts were unreasonable or could not be supported having regard to the evidence — Whether verdicts unsafe and unsatisfactory — Whether reasonably open to jury on the whole of the evidence to convict respondent of murder and attempted murder — Task of appellate court.
Criminal law — Murder — Practice and procedure — Directions to jury — Whether alternative verdict of manslaughter sufficiently left to jury — Whether reasonably open to jury to return alternative verdict of manslaughter — Whether failure sufficiently to leave alternative verdict to jury constituted a wrong decision on a question of law — Whether no substantial miscarriage of justice actually occurred.
Words and phrases — “unsafe and unsatisfactory”, “substantial miscarriage of justice”.
Appealed from Vic SC (CA): [2010] VSCA 23.
State of South Australia v Totani & Anor
A1/2010: [2010] HCA 39.
Judgment delivered: 11 November 2010.
Coram: French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ.
Catchwords:
Constitutional law (Cth) — Judicial power of Commonwealth — Constitution, Ch III — Vesting of federal jurisdiction in State courts — Serious and Organised Crime (Control) Act 2008 (SA) (“Act”) —…
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- [2010] HCAB 11
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