Meaning of “relating to”

In Tooheys Ltd v Commissioner of Stamp Duties (NSW) [1961] HCA 35; (1961) 105 CLR 602, Taylor J, at 620 said of that phrase: “.. the expression … is extremely wide but it is also vague and indefinite. Clearly enough it predicates the existence of some kind of relationship but it leaves unspecified the plane […]

10, 27, 2016
Comments Off on The duty of principals to independent contractors

By whiggs

common law, Occupiers negligence

The duty of principals to independent contractors

(Source: Leighton Contractors Pty Ltd v Fox Calliden Insurance Limited v Fox [2009] HCA 35; 2 September 2009) It is plain that the common law does not impose a duty of care on principals for the benefit of independent contractors engaged by them of the kind which they owe to their employees (Stevens v Brodribb Sawmilling […]

10, 27, 2016
Comments Off on Alienation of real estate by gift

By whiggs

Equity, Real Property, Trusts & Trustee Law

Alienation of real estate by gift

(Source: Isin v Ozen [2016] NSWSC 1480; [157]-[165] per Hallen J) Alienation of real estate will be effective, in equity, by gift, if the gift is “complete”: Corin v Patton (1990) 169 CLR 540; [1990] HCA 12, at 558, 563 – 570, 582 – 583; Costin v Costin (1997) 7 BPR 15,167; [1997] NSW ConvR 55-811; […]

10, 27, 2016
Comments Off on Witness credibility (deceased estates)

By whiggs

Other, Trusts & Trustee Law

Witness credibility (deceased estates)

(Source: Isin v Ozen [2016] NSWSC 1480) It is plain that the credibility of witness evidence is critical (lets say determinative) in cases where conversations are alleged with a deceased (for want of a better word!). There may or sometimes will usually be contemporaneous documents including where authenticity of such documents is not in issue. […]