Narni Pty Ltd v National Australia Bank Limited. This paper examines the agreement by conduct to extend overdraft limit and whether an implied term not to terminate the account without notice exists.
TABLE OF CONTENT Page Preface 2 Question 1 : Reason behind the litigation 2 Question 2: breach of the implied term by the National Australia Bank 3 Question 3: Raise of an estoppel claim 5 Conclusion 6 REFERENCES 7 Narni Pty Ltd v National Australia Bank Limited Preface: This paper examines the agreement by conduct to extend overdraft limit and whether an implied term not to terminate the account without notice exists. The relevant case is Narni Pty Ltd v National Australia Bank Limited [1998] VSC 146. The following sections are going to address the three matters based on the reading of the case. . Question 1: Reason behind the litigation Before answering this question, it is essential to recall the case that leads to the litigation by Narni Pty Ltd. The appellant's business was a nursing home set up in 1987 and all of the business premises were financed by borrowings from direct loans or indirect responsibilities to its shareholders. The pricipal shareholders and directors were registered nurses, Narni McCarthy and her sister Norma Caringal. Due to the cash flow problems, Mrs McCarthy frequently contacted with Clem Kealy, the manager of the Elwood branch of the Bank for an overdraft. However, the manager allegedly said she should wait and see how things developed. No overdraft facility was approved till June 1988. The day to day income of the nursing home
Employment Case. The main issue raised by this case is whether it is legitimate to pay those employee entitlements at a lower rate than what would be paid according to the holding company (Aussieair) in Australia.
. THE BRIEF FACTS This case deals with a dispute aroused from employer taking advantage of the corporate group to offer down-market salary and conditions to its employees in order to get a competitive edge. The group, made up of Aussieair (parent) and PNGair (subsidiary), made employees in Aussieair redundant and provided them with employment in PNGair based on pay rates in Papua New Guinea (PNG), which was effectively 25% lower. . THE LEGAL ISSUE The main issue raised by this case is whether it is legitimate to pay those employee entitlements at a lower rate than what would be paid according to the holding company (Aussieair) in Australia. Although the veil in corporate group shields the holding company from obligations of its subsidiaries, in some cases the court may deny such a veil. This is commonly referred to as “lifting” or “piercing” the veil. Considering this case, the employee associations could challenge directors’ argument should the veil in corporate group be ignored by juridical authorities. Therefore, it is of particular significance to determine whether the court should lift the veil covering Aussieair and PNGair. . THE VEIL IN CORPORATE GROUPS The veil in corporate group refers to the situation where creditors of one company in a group “can only look to that company for payment of their debts”[1]. In other words, assets of the corporate
Critically examining 2-3 key issues make a case for socio-legal reform regarding intellectual disability and the Australian criminal justice system.
Question 5: Critically examining 2-3 key issues make a case for socio-legal reform regarding intellectual disability and the criminal justice system. The NSW criminal justice system comes in contact with thousands of people every year, all of whom are ruled by a set of general laws and precedents, regardless of their intellectual ability or otherwise. Reform regarding people with intellectual disability and their contact with the criminal justice system is essential in order to achieve the most profound result of justice for the greatest amount of affected people. Two key issues relating to those with an intellectual disability and their contact with the criminal justice system, are the concerns of bail as well as the issues of domestic and personal violence. Both the ‘Bail Act 1978’ and the ‘Crimes (Domestic and Personal Violence) Act 2007’ require desperate reform, with the intention of creating a greater emphasis on supportive measures rather than coercive. Firstly, it is vital to define ‘intellectual disability’ in order to achieve cohesion and understanding throughout the paper. Dr Rebecca Scott Bray from Sydney University 2012 uses the definition of an intellectual disability referring to a person who has “substantial limitations in both intellectual functioning, as well as adaptive behaviour.” This definition poses some problematic issues as
Fetal Abuse and American Law
Fetal Abuse and American Law I. Overview of Maternal Drug Use and Prosecution in America II. Consumption of Controlled Substances During Pregnancy a. Alcohol and Fetal Alcohol Syndrome b. Illegal Drug Use and its Consequences III. Prosecution of Drug-Addicted Mothers in America a. Criminal b. Civil c. Overview of Current Law and Fetal Personhood IV. Legal Recognition of the Fetus as a Person a. Legal Issues b. Scientific Issues V. Expansion of American Law to Include Fetal Abuse a. Arguments Against Expansion b. Arguments For Expansion VI. Conclusion a. Conflict between Abortion Law and Prosecution for Maternal Drug Use b. Resolution of the Conflict c. Moving Forward I. Overview of Maternal Prosecution and Maternal Drug Use in America In response to the crack-cocaine epidemic of the late 1980’s, prosecutors throughout the United States began charging women who consumed cocaine during their pregnancies with crimes such as delivering drugs to a minor and child endangerment.[1] As time has passed, these prosecutions have continued to occur at an ever-increasing pace.[2] Women are now receiving twenty-year prison sentences and being charged with crimes child abuse to murder.[3] In modern times, such prosecutions are unique to the United States alone, where women are committed and prosecuted based on their actions while pregnant.[4] This drive to protect
Reasonable Forseeability in Australian Tort Law
“The touchstone of liability remains reasonableness of conduct”[1] The unique importance and influence of ‘reasonable foreseeability’ in common law is reflected in its ubiquitous presence in all areas of negligence, having become the essential thread of fabric or ‘touchstone' upon which the tort of negligence and liability has been constructed. The historical and theoretical development of modern tort law, largely spurred on by the social, economic, political and cultural changes of the last century[2], has revolutionised the way in which ‘reasonable foreseeability’ has been approached by the judicial system. The evolution of acknowledgement that negligent actions gave rise to injury has bred new classes of personal injury, such as pure mental harm and pure economic loss, previously unclassified or ignored by the courts[3]. The specialised nature of these injuries and the court’s inclination towards maintaining the basic doctrines of tort law[4] has diminished the value of ‘reasonable foreseeability’ as an adequate and exclusive measure in determining the existence of a duty of care. Accordingly, this essay will address the fallibility of ‘reasonable foreseeability’ in determining the existence of a duty of care in relations to actions for pure mental injury and pure economic loss and consequently discuss the relevant adequacy and need for extra legal
WHALING IN THE 21ST CENTURY: ARE AUSTRALIAN & INTERNATIONAL LAWS & POLICIES SUFFICIENT IN PROTECTING WHALES IN THE SOUTHERN OCEAN FROM EXPLOITATION?
Topic #1 Using the issues raised in Humane Society International Inc v Kyodo Senpaku Kaisha Ltd series of cases as a central reference point, discuss the difficulties faced by Australia, and others, in trying to protect whales in the Southern oceans from exploitation. WHALING IN THE 21ST CENTURY: ARE AUSTRALIAN & INTERNATIONAL LAWS & POLICIES SUFFICIENT IN PROTECTING WHALES IN THE SOUTHERN OCEAN FROM EXPLOITATION? I INTRODUCTION The exploitation of whales in the Southern Ocean has been a contentious issue in international maritime law for a number of years.1 The primary point of contention being the controversial continuation of whaling under scientific permits by Japan, in particular within the areas claimed by Australia as part of its Antarctic Territory.2 Australia's claim to sovereignty over certain areas in Antarctica is not recognised by Japan, and this has lead to escalating tensions between the two countries. There are a number of international treaties and protocols that inform the governance, management and protection of marine living resources. These have in-turn influence an array of Australian legislation that govern the marine environment.3 The complexity of the whaling argument brings to the forefront of the debate the difficulties of applying national and international laws in relation to marine animal protection. This essay focuses on the issues
One of the most significant changes to the doctrine of precedent that applies to the Australian courts derives from the changing status of the English judicial decisions.
Southern Cross University? School of Law and Justice Assignment Cover Sheet Name: Lourine K Singh Address: 11 Kew Place, Heritage Park, 4118 Student ID No.: 21961395 Unit Name: Legal Research and Writing Unit Code: LAW00051 Unit Assessor's name: Ms Helen Walsh Assignment No.: 2 Assignment Title/Option Chosen: Legal Writing Portfolio Word Count: 350 Due date: 23rd March 2012 Date submitted: 23rd March 2012 Phone No*.: 422733930 By submitting this assessment item you are agreeing to the following Declaration: I have read and understand Rule 3.18 concerning penalties which apply to Academic Misconduct Including Plagiarism, as contained in the University Handbook, and agree to be bound by the University rules in this regard. To the best of my knowledge the work I am submitting for this assessment item contains no materials written by another person except where due reference has been made. I have not previously submitted this work or any version of it for assessment in any other unit offered by Southern Cross University or any other institution. I declare I have kept a copy of this assignment. TASK 1 Part A: Footnotes . Richard Edney, Mirko Bagaric, Australian Sentencing: Principles and Practice (Cambridge University Press, 2007). 2. Dietrich v Regina (1992) 177 CLR 292. 3. Jethro K Lieberman, 'Bad Writing: Some Thoughts on the Abuse of Scholarly
Irish constitutional law assignment. The Oireachtas has certain exclusive powers that only it may exercise, in Article 15.2 of the Constitution states that, only the Oireachtas can make laws in respect of the state.
Constitutional Law Assignment The government consists of three separate bodies or organs the legislature, the executive and the judiciary. The doctrine of Separation of Powers states that each body of government should have their own distinction functions in which they perform and that each should act as a check for the other. It is also clear that while the United Kingdom seeks a separation of powers, government bodies tend to over step there functions from time to time. > The "Legislature" is what performs the law-making power, in Ireland this power is exercised by Parliament, or better known as, the Oireachtas. > The "Executive" is that administers and oversees on a day to day basis the operation and Implementation of Laws made by the legislature. > And lastly is the "Judiciary" that is, judges administering justice in courts of Law; this comprises, in particular adjudicating in disputes as to the meaning and application of the Law. The Legislative: The Oireachtas has certain exclusive powers that only it may exercise, in Article 15.2 of the Constitution states that, only the Oireachtas can make laws in respect of the state. No other legislative body may create laws applicable within the state. In particular, the restrictions apply in relation to the delegation of legislative powers by the Oireachtas to other bodies, such as the Government. However under the
Paul Cronan Case Analysis
MBA C601 Legal and Ethical Analysis of Paul Cronan Derek Koga /14/2007 LEGAL CASE ANALYSIS I. FACTS On October 22, 1986, 29 employees of New England Telephone Company (NET) walked off their jobs to protest the return of Mr. Paul Cronan, whom is diagnosed with Acquired Immune Deficiency Syndrome (AIDS), to work amongst them in the Needham, Massachusetts work site (1). Mr. Paul Cronan was hired by NET in June 1973 as a file clerk and later became a service representative and eventually became a service technician in 1983 (2). As a service technician, Mr. Paul Cronan first worked in the Needhame, Massachusetts site for 18 months and was transferred to the South Boston site (3). From January to June of 1985, Mr. Paul Cronan was ill with symptoms of AIDS-related complex (ARC) (4). During which time, Mr. Paul Cronan had asked his supervisor Mr. Charles O'Brian twice for permission to leave work for a doctor's appointment without incident. However, on the 3rd time, Mr. Charles O'Brian wouldn't approve Mr. Paul Cronan's doctor's visit unless Mr. Paul Cronan discloses the reason for the visit (5). Mr. Paul Cronan confided in Mr. Charles O'Brian about his ARC condition and had secured Mr. Charles O'Brian's verbal promise that this matter would not be discussed with anyone else (6). Subsequently, Mr. Charles O'Brian told 3 of his supervisors and also his successor, Mr. Richard
Provocation in murder cases
As regards the stated question, the law applicable is provided for under the Judicature Statute No.13 of 1996 section 16 (2) which entails the application of written law, common law, customary law and the principles of justice equity and good conscience. In murder cases, liability arises when there is proof of actus reus and mens rea as provided for under Section 183 and 186 of the Penal Code. In Uganda v. Bosco Okello alias Anyanya, Justice Okello Said: "there is a presumption that a homicide is unlawful unless excused by law but the presumption can be rebutted by evidence of accident, or that it was permitted in the circumstances." Provocation is an excuse and not a justification. Whether there is provocation is a question of law-per Lord Lane C.J. in R.v. Newell Provocation according to Section 188 of the Penal Code of Uganda Cap.106 means any wrongful act or insult of such nature as to be likely when done or offered to an ordinary person; or when done or offered in the presence of an ordinary person to another person who is under his immediate care; or to whom he stands in a conjugal, parental, filial or fraternal relation, or in the relation of master and servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered. Provocation is