Notable Cases
The first civil case under English law in Australia was Cable v Sinclair, heard on 1 July 1788. David Collins was presiding as judge-advocate with the Reverend Richard Johnson and John White appointed as the other members of the court. The case concerned the loss of baggage on the voyage of the First Fleet from England to Botany Bay and Port Jackson, now known as Sydney. After hearing evidence, the court found in favour of the plaintiff and awarded damages against the ship’s master. Bruce Kercher notes that this decision goes against the then English principles of law relating to “convict attaint” which provides that a prisoner under sentence of death was unable to sue or hold property. Henry and Susannah Cable both were sentenced to death but had their sentence commuted to transportation, so under law, they were not entitled to sue. Its other important cases are online.
Read more about this topic: Court Of Civil Jurisdiction
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