Interpretation and Rectification in Australia

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62)

Equitable Compensation and the SAAMCO principle

Considers Various Claimants v Giambrone and Law (A Firm) (CA) on whether the prospective buyers of properties in Italy could recover their deposit monies from a law firm on the ground that these had been transferred to fraudsters in breach of trust. Evaluates the court's reasoning for distinguishing Target Holdings Ltd v Redferns (HL) and AIB Group (UK) Plc v Mark Redler & Co Solicitors (SC), as well as its application of the SAAMCO principle

Costs of Blocking Injunctions

Comments on Cartier International AG v British Sky Broadcasting Ltd (CA (Civ Div)) on whether: (1) the court was empowered to issue blocking injunctions respecting websites selling counterfeit goods; (2) an alternative remedy would provide satisfactory redress to the rightsholder; and (3) internet service providers should bear both the costs of the application and the costs of implementing the blocking order, despite being innocent of wrongdoing

Clever classrooms : Summary report of the HEAD project

Based on the results of the HEAD Project (Holistic Evidence and Design), funded by the Engineering and Physical Sciences Research Council, clear evidence has been found that well-designed primary schools boost children’s academic performance in reading, writing and maths. Differences in the physical characteristics of classrooms explain 16% of the variation in learning progress over a year for the 3766 pupils included in the study. Or to make this more tangible, it is estimated that the impact of moving an ‘average’ child from the least effective to the most effective space would be around 1.3 sub-levels, a big impact when pupils typically make 2 sub-levels progress a year. This report summarises and illustrates the design and practice implications for architects and designers

The "drive to eat" hypothesis: energy expenditure and fat-free mass but not adiposity are associated with milk intake and energy intake in 12 week infants

BACKGROUND: Recent work has challenged the long-held assumption that appetite functions to maintain stable body mass and fat mass (FM), suggesting instead that appetite matches food intake to energy expenditure and its correlate, fat-free mass (FFM). Whether this scenario applies to young infants, in chronic positive energy balance, remains unknown. OBJECTIVES: To test associations of components of energy expenditure and body composition with milk intake (MI) and energy intake (EI) in 12-week infants, by reanalyzing published cross-sectional data. METHODS: Data were available for 48 infants. In addition to anthropometric measurements, we assessed MI and EI by test-weighing, sleeping metabolic rate (SMR) by indirect calorimetry, and FFM, FM, and total energy expenditure (TEE) by doubly labeled water. Mean parental height was calculated as a marker of infant growth drive. Correlation and multiple regression analyses were applied. RESULTS: MI and EI correlated with FFM (r = 0.47 and 0.57, respectively; P  0.6). MI and EI correlated with SMR (r = 0.42 and 0.53, respectively; P  0.2). In a multiple regression analysis, MI was independently associated with TEE (partial r = 0.39) and FFM (partial r = 0.35). EI showed similar associations. Mean parental height was correlated with weight gain, MI, and EI. CONCLUSIONS: As in adults, MI and EI in young infants were strongly associated with FFM and with total and sleeping components of energy expenditure, but not with fatness. The infant's growth drive contributed to these associations. This suggests that appetite is regulated by the rate of energy expenditure, the size of energy-using tissues, and tissue deposition rate, and that the high levels of body fat characteristic of infants may not constrain weight gain

Tax mistakes post-Pitt v Holt

Reviews cases since Pitt v Holt (SC) on trustees' applications to rescind or rectify transactions which resulted in an unexpected tax charge