High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2017] HCAB 3 (26 April 2017)
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: Summary of New Entries
2: Cases Handed Down
3: Cases Reserved
4: Original Jurisdiction
5: Special Leave Granted
6: Cases Not Proceeding or Vacated
7: Special Leave Refused
1: Summary of New Entries
2: Cases Handed Down
| Case | Title |
| Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd | Contract Law |
| Re Day (No 2) | Court of Disputed Returns |
| Kendirjian v Lepore & Anor | Negligence |
3: Cases Reserved
| Case | Title |
| Knight v State of Victoria & Anor | Constitutional Law |
| The Queen v Dickman | Criminal Law |
| IL v The Queen | Criminal Law |
| SZTAL v Minister for Immigration and Border Protection & Anor; SZTGM v Minister for Immigration and Border Protection & Anor | Migration |
| Graham v Minister for Immigration and Border Protection; Te Puia v Minister for Immigration and Border Protection | Migration |
| Forrest & Forrest Pty Ltd v Wilson & Ors | Mining |
| Commissioner of Taxation v Jayasinghe | Taxation |
4: Original Jurisdiction
| Case | Title |
| Falzon v Minister for Immigration and Border Protection | Migration |
5: Special Leave Granted
| Case | Title |
| Craig v The Queen | Criminal Law |
| Hamra v The Queen | Criminal Law |
| Commissioner of the Australian Federal Police v Hart & Ors; Commonwealth of Australia v Yak 3 Investments Pty Ltd as Trustee for Yak 3 Discretionary Trust & Ors; Commonwealth of Australia & Anor v Flying Fighters Pty Ltd & Ors | Criminal Law |
| Koani v The Queen | Criminal Law |
6: Cases Not Proceeding or Vacated
| Case | Title |
| Esso Australia Pty Ltd v Australian Workers’ Union; Australian Workers’ Union v Esso Australia Pty Ltd | Industrial Law |
2: Cases Handed Down
The following cases were handed down by the High Court of Australia during the April 2017 sittings.
Contract Law
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd
M143/2016: [2017] HCA 12
Judgment delivered: 29 March 2017
Coram: Kiefel, Bell, Gageler, Nettle and Gordon JJ
Catchwords:
Contract – Construction and interpretation of contracts – Long-term lease – Standard form contract – Where parties entered lease because unable to effect sale and purchase of land due to planning restrictions – Where standard form lease amended by parties – Where clause pertaining to payment of rates, taxes, assessments and other outgoings ambiguous – Whether parties intended lease to resemble sale and purchase of land – Whether lessee liable to pay all rates, taxes, assessments and other outgoings or only liable to pay those payable in lessee's capacity as tenant.
Words and phrases – "commercial purpose and objects", "commercial sense", "deletions from standard form contract", "in respect of the said premises", "payable by the tenant", "reasonable businessperson".
Appealed from VSC (CA): [2016] VSCA 23
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Court of Disputed Returns
Re Day (No 2)
C14/2016: [2017] HCA…
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- Case
- [2017] HCAB 3
- Decision Date
CaseChat Overview and Summary
The reasoning of the court was based on a detailed analysis of the contract and the intentions of the parties as expressed in the agreement. The court considered the deletions from the standard form contract, the commercial purpose and objects of the lease, and the reasonable businessperson standard. The court held that the lessee was not liable for outgoings that were not directly related to the use of the premises as a tenant. This decision provides guidance on the interpretation of lease agreements and the liability of lessees for outgoings.
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