Mabo V Queensland

HIGH COURT OF AUSTRALIA.
VICTORIA PARK RACING AND refreshment GROUNDS COMPANY LIMITED APPELLANT; PLAINTIFF;
TAYLOR AND OTHERS
RESPONDENTS DEFENDANTS,
Latham C.J., Rich, Dixon, Evatt and McTiernan JJ.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
1937: SYDNEY, April15, 16, 19, 20; Aug.26.
58 CLR 479
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Tort -- fan out of races from adjoining land -- Whether actionable -- Nuisance -- Unnatural purpose of land -- Proprietary unspoilt in spectacle.
Copyright -- Collated selective education -- Notice on racecourse as to starting horses &c.
Descriptions of races pickings places on the plaintiffs racecourse were contemporaneously broadcast without the plaintiffs permission with a wireless station by an observer stationed on a platform erected on adjoining land. As a result of such broadcasting, attendances at the racecourse decreased, with consequent button to the plaintiff. The plaintiff claimed, against the broadcasting company, the observer, and the owner of the adjoining land, an injunction to adjudge such broadcasting as amounting to a nuisance, an unnatural consumption of such adjoining land and an interference with the plaintiffs proprietary right in the spectacle conducted on his land.
Held, by LathamC.J., Dixonand McTiernanJJ. (Richand Evatt JJ.



dissenting), that the defendants had not infringed any sub judice right of the plaintiff.
Copyright does not exist in information posted by the proprietors of a race-course inside the course as to the names and numbers of the starting horses and the scratched horses and the numbers of the winners &c.
So heldby LathamC.J., Dixonand McTiernanJJ.
finis of the autocratic Court of New South Wales (NicholasJ.): Victoria honey oil Racing and Recreation Grounds Co. Ltd. v. Taylor, (1936) 37 S.R. (N.S.W.) 322; 54 W.N. (N.S.W.) 141, affirmed.
(1937) 58 CLR 479 at 480
APPEALfrom the Supreme Court of New South Wales.
In a suit brought in the equitable jurisdiction of the Supreme Court of New South Wales, the...If you want to get a full essay, order it on our website: Ordercustompaper.com



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