Forum Non Conveniens and Antisuit Injunctions: An Update

1998 ◽  
Vol 92 (1) ◽  
pp. 41-43
Author(s):  
Andreas F. Lowenfeld
Keyword(s):  
New Jersey ◽  
New South ◽  
Product Liability ◽  
Federal Court ◽  
The United States ◽  
Insurance Companies ◽  
South Wales ◽  
The Supreme Court ◽  
Forum Non Conveniens ◽  
Court Of First Instance

In the April 1997 issue of the Journal, I reported on three cases in which the response to an action brought in the court of one country led not to an answer, but to a countersuit in another country—for an antisuit injunction, a declaration of nonliability or both. One of the cases I discussed arose out of a controversy between an asbestos manufacturer, CSR, and a group of insurance companies, the Cigna Group, that may or may not have been obligated to defend and indemnify the manufacturer in respect of claims in the United States for product liability. The manufacturer brought suit in federal court in New Jersey, raising both contract and antitrust claims. The insurers, as I reported, succeeded in securing an antisuit injunction in the Supreme Court of New South Wales (a court of first instance), and thereafter in defeating a motion by the manufacturer to stay or dismiss, on grounds of forum non conveniens, the insurers’ action seeking a declaration of nonliability. I thought that outcome was wrong: in my view, the Australian court should not have stepped into the controversy, and the insurers should have brought their challenge to the jurisdiction and suitable venue of the New Jersey court in that court.

Professional Misconduct in Psychiatry: Sexual Behaviour with Patients. A Report of Recent New South Wales Findings

1994 ◽  
Vol 28 (2) ◽  
pp. 197-204 ◽  
Author(s):  
Eleanor M. Dawson
Keyword(s):  
Sexual Behaviour ◽  
Psychiatric Treatment ◽  
New South ◽  
New South Wales ◽  
Professional Misconduct ◽  
Medical Practitioners ◽  
Legal Documents ◽  
South Wales ◽  
Legal Context ◽  
The Supreme Court

In the period 1989–1991 the Medical Tribunal in the state of New South Wales conducted enquiries into seven complaints about professional misconduct of a sexual nature incidental to psychiatric treatment. This study is submitted in the interests of patients, profession and public in accordance with the ethos of the Medical Practitioners Act (NSW). It is based on personal observations and published legal documents and refers to the legal context and procedures. It addresses the substance and style of complaints and complainants and of defences and respondents. The names of six psychiatrists and one trainee psychiatrist were removed from the Medical Register. In three instances decisions or orders were unsuccessfully appealed in the Supreme Court. In two instances associated complaints (of illicitly prescribing drugs of addiction and of divulging confidential information) were also found to be professional misconduct. Courtroom pitfalls are illustrated and practical principles explicit in judgements are reiterated.

scholarly journals The isolation of an unclassified virus from an outbreak of infantile diarrhoea

1964 ◽  
Vol 62 (4) ◽  
pp. 425-432 ◽  
Author(s):  
A. M. Murphy
Keyword(s):  
Cultured Cells ◽  
New South ◽  
Personal Communication ◽  
The United States ◽  
Director General ◽  
Tissue Cultures ◽  
Human Origin ◽  
Infantile Diarrhoea ◽  
South Wales ◽  
State Psychiatric

A virus was isolated from fifteen of nineteen children living in an infants' home during an outbreak of diarrhoea. The virus possesses many of the characteristics of the enterovirus group but is serologically distinct from any of the accepted members of this group. It is non-pathogenic for unweaned mice, non-cytopathic in tissue cultures of monkey kidney, but is rapidly cytopathic for tissue-cultured cells of human origin. It is serologically similar to virus Hu 659 isolated by Abrahams in the United States (personal communication).I should like to thank the Director-General of Public Health and State Psychiatric Services, New South Wales, for permission to publish.

Heavy metal contents of soils and plants adjacent to the Hume Highway near Marulan, New South Wales

1975 ◽  
Vol 15 (74) ◽  
pp. 414 ◽  
Author(s):  
DJ David ◽  
CH Williams
Keyword(s):  
Heavy Metal ◽  
Zinc Oxide ◽  
Heavy Metal Contamination ◽  
New South ◽  
Health Hazard ◽  
The United States ◽  
South Wales ◽  
Metal Contents ◽  
Cadmium And Lead ◽  
Relative Purity

HCL-extractable zinc, lead, cadmium and copper in soils as well as concentrations of these elements in bracken (Pteridium esculentum) were found to decrease along four leeward traverses at right angles to the Hume Highway near Marulan. Similar results were obtained for the above-ground portions of rye corn (Secale cereale) grown in a glasshouse on soils collected along one of these traverses. Zinc accession is similar to, but cadmium and lead accessions are considerably lower than, those observed by other workers in the United States probably owing in the case of cadmium to the use of purer zinc oxide in Australian tyre manufacture and in the case of lead to smaller cars and a smaller proportion of vehicles operating on leaded fuel. Zinc and cadmium analyses of Australian and foreign tyres confirmed the relative purity of the zinc oxide used in the manufacture of tyres in Australia. No serious health hazard appears to arise from heavy metal contamination of roadside soils and vegetation by vehicular traffic on the Hume Highway.

The Justiciability of Paraguay’s Claim of Treaty Violation

1998 ◽  
Vol 92 (4) ◽  
pp. 697-704 ◽  
Author(s):  
Lori Fisler Damrosch
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Appeals ◽  
International Court ◽  
The Supreme Court ◽  
Domestic Courts ◽  
Judicial Remedy ◽  
The U.S

The U.S. Government’s position asserting nonjusticiability of the treaty claims raised by Paraguay in the domestic and international lawsuits is disturbing. The Government’s amicus filings at the court of appeals and the Supreme Court denied that Paraguay’s claims belonged in federal court (or indeed in any court at all); at die International Court of Justice, the United States admitted a treaty violation but denied the competence of that tribunal to enter a judicial remedy. At one or another phase of these proceedings, the U.S. Government pressed a variety of arguments that (if accepted) would rule out virtually any judicial consideration of a treaty-based claim. The haste with which the Supreme Court denied a stay in Breard’s case foreclosed adequate consideration of the justiciability of such claims in domestic courts and also effectively barred Paraguay from achieving the relief it sought on the international plane.

Middle Miocene fossil grasses from Fort Ternan, Kenya

1993 ◽  
Vol 67 (1) ◽  
pp. 113-128 ◽  
Author(s):  
Daniel P. Dugas ◽  
Gregory J. Retallack
Keyword(s):  
Middle Miocene ◽  
New South ◽  
Single Species ◽  
The United States ◽  
Low Fertility ◽  
Fossil Species ◽  
Southeastern Australia ◽  
South Wales ◽  
Fourth Species ◽  
Dry Woodland

At the well-known fossil mammal locality of Fort Ternan in southwestern Kenya, radiometrically dated at about 14 million years old (middle Miocene), fossil grasses have been preserved by nephelinitic sandstone in place of growth above a brown paleosol (type Onuria clay). Large portions of grass plants as well as fragments of leaves have revealed details of silica bodies, stomates, and other taxonomically important features under the scanning electron microscope. The computer database for grass identification compiled by Leslie Watson and colleagues was used to determine the most similar living grass genera to the five distinct kinds of fossil found. Two of the fossil species are assigned to Cleistochloa kabuyis sp. nov. and C. shipmanae sp. nov. This genus includes one species from low fertility dry woodland soils of New South Wales and Queensland and a second species from “raw clay soils” in western New Guinea. A third fossil species, represented by a large portion of a branching culm, is assigned to Stereochlaena miocenica sp. nov. This genus includes five species of low-fertility woodland soils in southeastern Africa. Both Cleistochloa and Stereochlaena are in the supertribe Panicanae of the subfamily Panicoideae. A fourth species is assigned to Distichlis africana sp. nov. and provides a biogeographic link between the single species of this genus now living in coastal grasslands in southeastern Australia and the 12 species of dunes and deserts found throughout the Americas from Patagonia and the West Indies to the United States and Canada. A fifth species is, like D. africana, in the subfamily Chloridoideae, but its stomata were not seen and it could belong to Cyclostachya, Pogoneura, or Polevansia. This earliest known wooded grassland flora in Africa is taxonomically unlike the modern grass flora of fertile volcanic African landscapes, and may have been recruited from an archaic grass flora of Gondwanan desert and lateritic soils.

scholarly journals Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions

2017 ◽  
Vol 16 (1) ◽  
pp. 240
Author(s):  
Chuks Okpaluba
Keyword(s):  
South African ◽  
New South ◽  
Supreme Court Of Canada ◽  
Trial Court ◽  
High Court ◽  
South Wales ◽  
The Supreme Court ◽  
State Of Mind ◽  
The Law ◽  
Available Information

The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between the lawfulness of the prosecution and the state of mind of the defendant. Again, whether a prosecution is wrongful or lawful depends on whether there was a reasonable and probable cause coupled with the animus iniuriandi of the defendant in instigating, initiating or continuing it. It is not whether the prosecutor possessed evidence to secure a conviction since that is for the trial court to decide after the conclusion of evidence; but, the honest belief by the prosecutor that, having carefully collected and objectively assessed the available information, the plaintiff was probably guilty of the crime. In coming to that decision the prosecutor must have grappled with both the subjective and objective elements in the exercise of that discretion. The Australian High Court judgment in A v New South Wales 2007 230 CLR 500 (HCA) has brought clarity to this aspect of the problem. However, as this paper contends, the ten-point guidelines enunciated by that court in that case and designed to provide the courts with a seemingly less complicated formula for determining if the prosecutor lacked reasonable and probable cause do not appear to have provided the panacea to the problem. Meanwhile, the distinct nature of the requirement of reasonable and probable cause is made clearer when it is compared with reasonable ground to arrest in the case of wrongful arrest and the tort of abuse of process. Also problematic and equally challenging is identifying where a reasonable and probable cause inquiry stops and malice begins. This is brought out in the attempt by the Supreme Court of Canada to unravel the tension between the proof of the existence of malice and reasonable and probable cause in the law of malicious prosecution in Miazga v Kvello Estate 2009 3 SCR 339 (SCC). The extent to which the guidelines laid down in these recent cases would have resolved the confusion in this field of the law is yet to be realised.

scholarly journals "A Collusive Suit to ""Confound the Rights of Property Through the Length and Breadth of the Colony""?: Busby v White (1859) "

2010 ◽  
Vol 41 (3) ◽  
pp. 563
Author(s):  
Ned Fletcher ◽  
Dame Sian Elias
Keyword(s):  
New Zealand ◽  
New South ◽  
Privy Council ◽  
Land Claims ◽  
Native Title ◽  
South Wales ◽  
The Supreme Court ◽  
Treaty Of Waitangi ◽  
The Government ◽  
Set Up

In Busby v White, James Busby sought to challenge the validity of the Land Claims Ordinance 1841 which treated his pre-Treaty of Waitangi land purchases as "null and void". He had campaigned against the New South Wales statute which preceded the Ordinance, and throughout the 1840s continued to argue against the legislation through political channels, while maintaining his claim to hold the lands under his "native title". By the 1850s holding by "native title" was increasingly precarious as the Government moved to acquire Busby's lands for the purposes of settlement. Busby was forced to law. His aim was to set up the validity of the legislation as a question of law which could be taken to the Privy Council for authoritative resolution. Busby v White was the second attempt to establish a platform for appeal. As in his earlier claim, Busby v McKenzie, the Supreme Court avoided a determination on the merits, thus thwarting Busby's strategy of appealing to London. Although no substantive decision was delivered, the extensive argument was fully reported in The Southern Cross newspaper, from which the Lost Cases Project has recovered it. Its interest today is in arguments which question the course set by R v Symonds (1847) on the nature of native property in New Zealand and the subsequent relegation of the Treaty of Waitangi to legal limbo in Wi Parata v Bishop of Wellington (1877).

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