Exercise 022 | Law

Exercise 022

Homestake Gold of Australia Ltd v Peninsula Gold P/L & Ors (96001603)

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click here (AustLII link) to view the case

Easy questions

  1. What was the court of first instance?
  2. How would you cite this case?
  3. Could there be an appeal from this decision? If so, to what court?
  4. Explain the following terms (using your legal dictionary):
    1. J (as in Young)
    2. Equity Division
    3. Supreme Court
  5. How were the proceedings commenced in this case?

More difficult questions

  1. What did the applicants seek?
  2. What was the legal issue in the case?
  3. What decision did Young J make?

Complex questions

  1. How did Young J use the law of contract in this case?
  2. What approach to reasoning did Young J take (precedential, formalist, purposive, etc)? Identify the parts of his judgment where particular types of reasoning occur.
  3. Do you think Young J's reasoning was correct?
  4. What proposition of law (ratio decidendi) does this case stand for?