What does the citation – Hart v Rankin [1979] WAR 144 – mean?

 

 

Read the decision in Hart v Rankin [1979] WAR 144 to be found on the following pages of this Study Guide.  (Look up any words or phrases you do not understand.)
Now answer the following questions:
1. What does the citation – Hart v Rankin [1979] WAR 144 – mean?• Who are the parties to the proceeding? Answer this in two ways. What were their surnames? Describe them in a meaningful way in relation to the legal
proceedings both at first instance and on appeal.• What year was the case reported?• What does WAR stand for? Where did you find this information?• What does the 144 mean?
2. What court was the case heard in:• At first instance?• On appeal?
3. What sort of proceeding is this – civil or criminal?
4. What was the date of the hearing that has been reported?
5. What was the date of the judgment that has been reported?
6. Who was the judge that decided the case reported at [1979] WAR 144 and how senior in the court is he?
7. Identify the catchwords as they appear in the report, by stating the opening and closing words8. Identify the headnote that appears in the report by stating the opening and closing words
9. Who were the barristers who appeared in court and the solicitors who acted for each of the two parties?
10. Do any of the following appear in this report?• Case Lists• History of Litigation• Argument of Counsel
Before you answer this question compare the form of the report in this case to the form of the reports in:• Harris v Grigg [1988] Qd R 514 • Donoghue v Stevenson [1932] AC 562
11. What does Cur advvult mean?
12. Identify where does the text of the actual reasons for judgment of the Court starts and ends by stating the opening and closing words of the judgment.
13. What would your brief statement of the material facts (in your own words) contain?
14. What were the three major issues in the case?
15. In respect of each of the major issues what did the court decide and what were the court’s reasons for deciding each as it did?  Hint: If you deal with the
three issues in your answer to Question 14 in the order a, b, c, make sure you deal with them in the same order in your answer to Question 15.
16. What was the formal order of the court? Hint: Note Burt CJ says at mid page 145:By this one order nisi to review the appellant appeals…Use you legal dictionary to find the meaning of ‘nisi’ and see where that leads you.
17. What does the formal order mean in plain language in relation to the result of the appeal?
18. What was the name of the barrister or solicitor who reported the decision?

 

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