New judgments
Fri Apr 30 2021Gianacopoulos v DJJ Promotions P/L [2021] VSC 203 - "The result is an eyesore and a monument to human obstinacy"
Hamilton & others v Post Office Limited [2021] EWCA Crim 577 - see background The Post Office Horizon IT scandal and the presumption of the dependability of computer evidence by James Christie
Lamb v Campbell [2021] NSWCATAD 103 - racial vilification, "The words used by Mr Campbell were vile, racist and homophobic. Mr Lamb did nothing to invite or deserve the tirade visited upon him. Mr Lamb commenced proceedings against Mr Campbell under the Anti-Discrimination Act 1977 (NSW) because he feels that as an Aboriginal Elder he has a responsibility to show his family and people in the community that racism is not acceptable and should never be tolerated"
Manly Fast Ferry Pty Ltd v Wehbe [2021] NSWCA 67 - "whether excessive judicial questioning of experts – whether real danger that trial was unfair"
R v Desautel 2021 SCC 17 - Supreme Court of Canada rules that non-citizens and non-residents can claim an Aboriginal right under the Constitution, see summary here
SDCV v Director-General of Security [2021] FCAFC 51 - constitutional challenge to secret evidence laws in the intelligence context rejected
Treaty Land Entitlement Committee Inc v Canada 2021 FC 329 - releases which prevent Manitoba First Nations to sue Canada over Treaty Land Entitlement are void and ineffective. For the first time, the Court has published summaries of a decision in three Indigenous languages : Ojibwe, Oji-Cree and Cree, see here