Latest decisions of interest

29 April 2019 – 10 May 2019

NSW Court of Appeal

Li v Attorney General for New South Wales [2019] NSWCA 95
Administrative law: reasons for decision; justice must be seen to be done
By majority, the Court of Appeal has dismissed a summons filed by Mr Li, holding that a requirement that justice ‘must be seen to be done’ is not a free-standing ground of review of an administrative decision.

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Moubarak by his tutor Coorey v Holt [2019] NSWCA 102
Civil procedure: permanent stay of proceedings; historic sexual abuse; limitation periods
The Court of Appeal has allowed an appeal brought on behalf of Mr Moubarak and granted a permanent stay of civil proceedings alleging historical sexual assault commenced against him in the District Court.

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Other Australian intermediate appellate decisions

MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68
Administrative law: migration; s 438 certificates
The Full Court of the Federal Court has allowed an appeal from a decision of the Federal Circuit Court, finding that the AAT erred in failing to consider a protection claim made by a mother who feared forced sterilisation if returned to China.

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Shao v AG Advanced Construction Pty Ltd (CAN 089 153 597) [2019] VSCA 93
Building and construction: statutory termination of building contract; overpayment; restitution
The Victorian Court of Appeal has, in part, allowed an appeal brought from a decision of an Associate Judge of the Supreme Court, upholding her Honour’s decision concerning the operation of s 41 of the Domestic Building Contracts Act 1995 (Vic), but remitting the proceedings to the Victorian Civil and Administrative Tribunal on a question concerning overpayments.

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Asia Pacific

Curtis v Commonwealth of Australia [2019] NZCA 126
Costs: extradition proceedings; where state has funded prosecution and defence
The Court of Appeal of New Zealand has ordered that the Commonwealth of Australia pay the costs of an appeal in which it unsuccessfully sought the extradition of Mr Curtis.

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BOI v BOJ [2019] SGCA 30
Family law: distribution of matrimonial assets; lottery winnings
The Singapore Court of Appeal has allowed an appeal in part, holding that lottery winnings were matrimonial assets in this case, and therefore part of the pool of assets to be divided between the parties in divorce proceedings.

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Other international

Phaahla v Minister of Justice and Correctional Services and Another (Tlhakanye Intervening) [2019] ZACC 18
Constitutional law: constitutional rights; right to a fair trial; equal protection under law
The Constitutional Court of South Africa has held that transitional provisions that imposed different periods of non-eligibility for parole on persons sentenced to life imprisonment depending on their date of sentence are unconstitutional.

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Canada (Public Safety and Emergency Preparedness) v Chhina 2019 SCC 29
Courts: exceptions to habeas corpus jurisdiction of superior courts
The Supreme Court of Canada has allowed an appeal from the Alberta Court of Appeal, holding that the scheme of review under the Immigration and Refugee Protection Act was not so comprehensive as to oust the inherent habeas corpus jurisdiction of the Court of Queen’s Bench of Alberta.

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