Australia Leading Case uncategorized

Cooper v Stuart

(1889) 14 App Cas 286 (PC)

JurisdictionAustralia

CourtJudicial Committee of the Privy Council (on appeal from NSW)

Year1889

StatusBinding authority

Key Principle

New South Wales was acquired by settlement of territory treated as 'practically unoccupied', so English law was received as the colony's law; a reservation clause in a Crown grant was not void for remoteness because the rule against perpetuities did not bind the Crown's reservation in the manner alleged.

Area of Law

Related Cases

Miller v The Queen [2016] HCA 30; (2016) 259 CLR 380 (Miller v The Queen; Smith v The Queen; Presley v DPP (SA))

Vines v ASIC [2007] NSWCA 75; (2007) 73 NSWLR 451

Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71; (2005) 224 CLR 656

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