Australia High Court Court March 2014 Judgments
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State of Western Australia Vs. Alexander Brown and Others
Court: Australia High Court
Decided on: Mar-12-2014
FRENCH CJ, HAYNE, KIEFEL, GAGELER AND KEANE JJ. 1. In 1964, the State of Western Australia made an agreement with some joint venturers about the development and exploitation of iron ore deposits at Mount Goldsworthy. The agreement was approved by s 4(1) of the Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA) and it is convenient to refer to it as "the State Agreement". The State Agreement obliged the State to grant, and the State did grant, to the joint venturers mineral leases for iron ore (in a form provided by the agreement). Two leases are relevant to this matter. Each was for a term which expired in 1986, with the right to renew from time to time for further periods each of 21 years. Each has been renewed and is still in force. 2. The parties to this litigation agree that, subject to the question of extinguishment, the Ngarla People hold native title to the land which is subject to the two mineral leases. The parties agree that the relevant native title rights and interests ar...
Electricity Generation Corporation Vs. Woodside Energy Ltd and Others
Court: Australia High Court
Decided on: Mar-05-2014
FRENCH CJ, HAYNE, CRENNAN AND KIEFEL JJ. 1. The first issue in these appeals is the construction and application of a long term gas supply agreement ("the GSA") between Electricity Generation Corporation trading as Verve Energy ("Verve") and various gas suppliers in Western Australia including Woodside Energy Ltd ("the Sellers"). The Sellers are the respondents to the first appeal and the appellants in the second. 2. Verve, a statutory corporation, is the major generator and supplier of electricity to a large area in the southwest of Western Australia, including Perth. Verve purchases natural gas under the GSA for use in its power stations. Separate contracts between Verve and each of the Sellers are contained in the GSA[1], which obliges each Seller to make available for delivery to Verve a proportionate share of a maximum daily quantity of gas ("MDQ"), delivered in a common and commingled stream[2], and to use "reasonable endeavours"[3] to make available to Verve a supplemental maxim...
Samuel James Vs. the Queen
Court: Australia High Court
Decided on: Mar-05-2014
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ. 1. The appellant was convicted following a trial in the Supreme Court of Victoria (Williams J) of intentionally causing serious injury to a man named Khadr Sleiman[1]. A second count, an alternative to the first, charged the appellant with recklessly causing serious injury to Mr Sleiman[2]. Mr Sleiman suffered multiple injuries as the result of being struck by a motor vehicle that at the time was being driven by the appellant. It was the prosecution case that the appellant deliberately struck Mr Sleiman with the vehicle intending thereby to cause him serious injury. It was the defence case that Mr Sleiman was struck accidentally while the appellant manoeuvred his vehicle in reverse in an endeavour to get away from Mr Sleiman, who was menacing him with a knife. 2. During the course of its retirement the jury sought clarification of the distinction between an intention to cause serious injury, the mental element of the offence charged...
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