Ladakh Pty Ltd v Quick Fashion Pty Ltd & Anor
[2010] FMCA 919
Citation 1
(Para 7)
…ar act of infringement "will or may" be done (1928) 40 CLR, at pp 490-491 . This latter statement may be too widely expressed: cf. Sweet v. Parsley [1969] UKHL 1; (1970) AC 132, at p 165. It seems to me to follow from these statements of principle that a person who has under his control the means by which an inf…
Leask v The Commonwealth
[1996] HCA 29
Citation 2
…51 See also Sweet v Parsley (1970) AC 132 at 152; Gammon Ltd…
Cameron v Holt
[1980] HCA 5
Citation 3
…12. Further, there is a presumption - in my opinion, a strong presumption - that in creating a criminal offence the legislature intends a guilty intent appropriate to the nature of the offence to be an ingredient of the offence. This presumption can only be displaced if the language of the statute r…
University of New South Wales v Moorhouse
[1975] HCA 26
Citation 4
…10. The word "authorize", in legislation of similar intendment to s. 36 of the Act, has been held judicially to have its dictionary meaning of "sanction, approve, countenance": Falcon v. Famous Players Film Co. (1926) 2 KB 474, at p 491 ; Adelaide Corporation v. Australasian Performing Right Associa…
Carey, M.X. v R.R. Hill & Co. Pty Ltd
[1989] FCA 199
Citation 5
…Counsel for the respondent submitted that the evidence adduced on behalf of the respondent demonstrated that Mr Hill observed an appropriate standard of care in interpreting the Award and in reaching the conclusion that the rate of wages to which Mr Stapleton was entitled was the percentage prescrib…
Toy Centre Agencies Pty Ltd v Spencer
[1983] FCA 30
Citation 6
…Toy Centre Agencies Pty. Limited ("the applicant") seeks an order of review under the Administrative Decisions (Judicial Review) Act 1977("the Judicial Review Act") of a decision of the third respondent, Francis Ivor Kelly, who is the Collector of Customs for New South Wales ("the Collector") to sei…
R v Fraser
[2020] SADC 127
Citation 7
(Para 10)
…language of the statute and to its subject matter, it is excluded expressly or by necessary implication: Lim Chin Aik v The Queen (1963) AC 160 [5] ; Sweet v Parsley (1970) AC 132 [6] ; Cameron v Holt (1980) 142 CLR 342.[7] [5] At 173. [6] At 149,152,156. [7] At 346,348.…
Lambert, R v.
[2001] UKHL 37
Citation 8
…155. In Sweet v Parsley (1970) AC 132 at 148 Lord Reid observed that "there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did". The advent of the Human Rights Act 1998 has certainly sharpened a consciousness of the human right…