CASE SUMMARY: PART 7

Cross vs. Cross [1983] 4 FLR 235

●EQUITY●

“He who comes to equity must come with clean hands and any conduct of the plaintiff which would make a grant of specific performance inequitable can prove a bar”

Cruikshank vs. Sutherland [1923] 128 LT 449

●Law of Partnership●

“The mutual rights and duties of partners, whether ascertained by agreement or defined by this Act, may be varied by the consent of all partners and such consent may be express or inferred from a course of dealing”

Cudgen Rutile (No 2) Pty Ltd vs. Chalk [1975] AC 520

●Land Law●

“If certain authorities to prospect issued under the Mining Act of Queensland contained an agreement by the Minister to grant mineral leases, the agreement was not authorized by the statutes which required a series of steps to be taken, decision to be made and discretion to be exercised, before the Minister was empowered to grant a lease”

D & F Estates Ltd & Ors vs. Church Commissioners for England & Ors [1988] 2 All ER 992

●Law of Torts●

“If the defect is discovered before any damage is done, the loss sustained by the owner of the structure, who has to repair or demolish it to avoid a potential source of danger to third parties, would seem to be pure economic”

Daiman Development Sdn. Bhd. vs. Mathew Lui Chin Tek & Ano[1981] 1 MLJ 56

●Law of Partnership●

The court held that, whether there is exist or not a contract between the parties would depend on the phrase use by them at the time they enter into agreement. This shows that, one can always find out whether the relation was intended as contractual relation or not by looking at the statement exchange between the parties in the course of their relation: be it in an oral or written form.

Darvall vs. North Sydney Brick & Title Co Ltd [1988] 6 ACLC 154

●Company Law●

“In my view, it is proper to have regard to the interest of the members of the company, as well as having regard to the interests of the company as a commercial entity”

Datin Siti Hajar vs. Murugasu [1970] 2 MLJ 153

●Land Law●

“In my view, the provision of this section is so precise that it leaves no room for doubt that the acquisition of easements by the common law of prescription, at least as far as the right of way is concerned, is no longer applicable to this country. By the coming into force of the National Land Code the position is made clearer”

Datuk Jagindar Singh & Ors vs. Tara Rajaratnam [1983] 2 MLJ 196

●Land Law●

“Fraud may be 'caused by deliberately and dishonestly registering an interest and then transferring the interest even before the ink is dry to another person without the consent of the original registered proprietor”

Daulia Ltd vs. Four Millbank Nominees Ltd [1978] 2 All ER 557 CA

●Contract Law●

“Unequivocally that in a unilateral contract once the offeree has embarked on performance of the condition it was too late for the offeree to revoke his offer”

Daughty [1986]

●Criminal Law●

“The question of provocation should be left to the jury where the accused claimed he was provoked by the crying and restlessness of his 17 day old baby”