High Court Bulletin
Produced by the High Court of Australia Library
[2010] HCAB 7 (12 August 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 July-August 2010 sittings.
Aktas v Westpac Banking Corporation Limited & Anor
High Court of Australia: [2010] HCA 25.
Judgment delivered: 4 August 2010.
Coram: French CJ, Gummow, Hayne, Heydon and Kiefel JJ.
Catchwords:
Defamation — Defences — Qualified privilege — Common law — Respondent bank mistakenly dishonoured cheques of appellant and communicated dishonour to payees of cheques — Communication defamatory — Whether communication made on occasion of qualified privilege — Rationale for defence of qualified privilege — Whether reciprocity of interest between respondent bank and payees — Whether public interest in privilege attaching to occasion of such communication — Relevance of mistake leading to communication — Relevance of statutory obligations.
Words and phrases — “community of interest”, “malice”, “occasion of qualified privilege”, “reciprocity of interest”, “refer to drawer”.
Appealed from NSW SC (CA): [2009] NSWCA 9.
CGU Insurance Ltd v One.Tel Ltd (In Liquidation) & Ors
High Court of Australia: [2010] HCA 26.
Judgment delivered: 4 August 2010.
Coram: French CJ, Heydon, Crennan, Kiefel and Bell JJ.
Catchwords:
Bankruptcy — Deed of Arrangement — Directors and officers liability policy of insurance — Equitable assignment of rights under policy of insurance to trustee under Deed of Arrangement — Trustee commenced proceedings in pursuit of rights under policy of insurance — Deed of Arrangement terminated — Effect of termination — Whether trustee had power to continue proceedings — Whether "loss" suffered under policy of insurance — Whether certain clauses of Deed of Arrangement survived termination.
Trusts — Bare trust — Duties and powers of trustee.
Words and phrases — “loss”, “bare trust”.
Appealed from NSW SC (CA): [2009] NSWCA 282.
2: Cases Reserved
The following cases have been reserved or part heard for judgment by the High Court of Australia.
**** Indicates cases reserved or part heard for judgment since High Court Bulletin 6 [2010] HCAB 6.
Banking and Finance
See Restitution: Heperu Pty Ltd & Ors v Perpetual Trustees Australia Ltd.
Constitutional Law
****Rowe & Anor v Electoral Commissioner & Anor
High Court of Australia: [2010] HCA 204, [2010] HCA 205, [2010] HCA 206 and [2010] HCA 207.
Date heard: 4-5 August 2010 – Orders made on 6 August 2010. Written reasons of the Court to be published at a future date.
Coram: French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ.
Catchwords:
Constitutional law — Operation and effect of Commonwealth Constitution — Restrictions on…
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- Case
- [2010] HCAB 7
- Decision Date
CaseChat Overview and Summary
In CGU Insurance Ltd v One.Tel Ltd (In Liquidation), the High Court had to determine the effect of the termination of a Deed of Arrangement on the rights of the trustee to continue pursuing a claim for directors and officers liability insurance. The Court's ruling addressed whether the trustee had the power to continue proceedings after the termination of the Deed, whether a "loss" had been suffered under the policy of insurance, and whether certain clauses of the Deed survived its termination. The Court held that the trustee did not have the power to continue proceedings after the termination of the Deed, and that the claim for insurance coverage was extinguished upon the termination of the Deed of Arrangement. This decision highlights the importance of the terms and conditions of a Deed of Arrangement in determining the rights of a trustee post-termination.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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