Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57

Facts This case concerned an injunction on broadcasting by the Australian Broadcasting Corporation (“ABC“) of a documentary about the respondent, Mr O’Neill, entitled “The Fisherman”. In 1966, three children of the Beaumont family in South Australia disappeared. In November 1975, Mr […]

BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall [2019] HCA 45

Facts In the Westpac matter, Lenthall commenced representative class action proceedings in the Federal Court. Lenthall alleged that Westpac’s financial advisers breached their obligations in relation to advice given regarding life insurance policies. In the BMW proceedings, Brewster commenced representative […]

Aon Risk Services Pty Ltd v Australian National University (2009) 239 CLR 175

Facts On 18 January 2003, the Canberra bushfires destroyed Australian National University’s (“ANU“) Mt Stromlo Observatory . ANU’s insurance policy distributed the risk between three insurers. ANU commenced proceedings in December 2004 in the ACT Supreme Court against the insurers.The insurers […]

Mareva Compania Naviera SA v International Bulkcarriers SA The Mareva [1980] 1 All ER 213

Facts The plaintiffs, Mareva Compania Naviera SA (“the Shipowners”) owned the vessel, “the Mareva”. The Shipowners issued a writ on 25 June 1975 claiming against the defendants, International Bulkcarriers SA (“the Charterers”), unpaid hire and damages for repudiation of a […]

Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12

Facts Clone Pty Ltd (lessor) entered into a lease agreement with Players Pty Ltd (lessee) for a premises on Pirie Street in Adelaide. The proposal was that this premises would become the “Planet Hotel” – a licensed hotel with gaming […]