-- Received: (qmail 4691 invoked from network); 1 Sep 1997 10:34:51 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 1 Sep 1997 10:34:51 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 1 Sep 1997 11:34:33 +0100 Received: from [192.76.27.30] (max30.public.ox.ac.uk [192.76.27.30]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id LAA32722 for ; Mon, 1 Sep 1997 11:34:27 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 1 Sep 1997 11:33:16 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: new subrogation cases Greetings all, Professor Albert Oosterhoff of the Faculty of Law, University of Western Ontario has written to tell me about three important new cases on subrogation from the Ontario Court of Appeal. A synopsis of his report: Three cases on subrogation were released on Aug. 11 by the Ont. C.A. Please feel free to pass the information on to Restitution discussion group. The three appeals (from different judges) were heard together by the same panel (Brooke, Osborne and Austin JJ.A.). All concern (1) claims by a mortgagee to be subrogated to the rights of a former mortgagee whose mortgage was discharged with moneys from the mew mortgage; and (2) negligence by the mortgagee's solicitor who failed to notice an intervening registration. The cases are on QuickLaw: Midland Mortgage Corp. v. 784401 Ontario Ltd., [1997] OJ No. 3257 Mutual Trust Co. v. Creditview Estate Homes Ltd., [1997] OJ No. 3258 Armatage Motors Ltd. v. Royal Trust Corp. of Canada. [1997] OJ No. 3259 In the first case the judge of first instance dismissed the mortgagee's claim because it was inconsistent with the Land Titles Act (the correct view in my opinion, but long since discredited by the Supreme Court of Canada, which did not understand the theoretical basis of the Act). The Court of Appeal reversed. The second case involved an intervening registration of a certificate of pending litigation. Both courts upheld the mortgagee's claim. The third case involved a second mortgage. The judge of first instance held that the second mortgagee had priority over the first and disallowed the subrogation claim. The majority in the Court of Appeal agreed, holding that subrogation is a discretionary remedy and should be refused if the second mortgagee should suffer injury and if the mortgagee has another remedy, viz., an action against the solicitor. Brooke J.A., dissented. Professor Oosterhoff has just edited the second and third cases for publication in the the DLRs. The first is sufficiently similar that it won't be reported in the DLRs. Many thanks to Professor Oosterhoff for this update. Lionel Received: (qmail 5104 invoked from network); 1 Sep 1997 10:41:39 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 1 Sep 1997 10:41:39 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 1 Sep 1997 11:41:31 +0100 Received: from [192.76.27.30] (max30.public.ox.ac.uk [192.76.27.30]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id LAA04385 for ; Mon, 1 Sep 1997 11:41:25 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 1 Sep 1997 11:40:13 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: Torrens Aloha Pty Ltd Me again. Recently I mentioned an case in the Federal Court of Australia, Torrens Aloha Pty Ltd v Citibank NA, decided 21 Feb 97. Special leave to appeal to the High Court was refused on 4 August 1997. A transcript of those proceedings is on the Web at http://www.austlii.edu.au/au/other/hca/transcripts/1997/S28/1.html As I mentioned before, you can get a copy of the case by sending an email to the list server ie majordomo@maillist.ox.ac.uk which says, in the body of the message, get restitution torrens.txt Lionel Received: (qmail 5431 invoked from network); 1 Sep 1997 10:48:27 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 1 Sep 1997 10:48:27 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 1 Sep 1997 11:48:03 +0100 Received: from [192.76.27.30] (max30.public.ox.ac.uk [192.76.27.30]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id LAA08037 for ; Mon, 1 Sep 1997 11:47:57 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 1 Sep 1997 11:46:45 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: SCiB I have mentioned the Supreme Court international Bulletin before. The person who runs it, Peter Faris QC, is now having a subscription drive and so I reproduce his email below for those of you who were not aware of SCiB. I can say personally that I think it's great (although it is beyond me to know why "international" gets a lower case i). Lionel >>>> forwarded message follows SUBSCRIPTION DRIVE This Bulletin is free (as you know). I spend about 8 hours per week maintaining the mailing list, researching the judgements, writing the HTML and mailing it. It currently has 2600 subscribers and I am trying to increase this figure. YOU CAN HELP INCREASE THE NUMBER OF SUBSCRIBERS Perhaps you could spend 2 minutes and forward this email to a friend or colleague with a recommendation that they subscribe. Thanks Peter Greetings The purpose of this email is to advise you of my free weekly Bulletin, the Supreme Court international Bulletin (SCiB). (If you already subscribe please pass this mail on to a friend or colleague). SCiB is a free, weekly, email, HTML (or text), multilingual, international Bulletin which publishes the following superior Court judgements: 1. US Supreme Court in English 2. Canadian Supreme Court (La Cour Supreme du Canada) in English and French 3. UK House of Lords in English 4. High Court of Australia in English 5. South African Constitutional Court in English 6. Bundesverfassungsgericht (the German Federal Constitutional Court) in German and English 7. Le Conseil Constitutionnel (The Constitutional Court of France) in French and English 8. The Court of Justice of the European Communities in English, German and French WEB SUBSCRIPTION AT: http://www.farislaw.com/subsoft.html Subscribers may choose between HTML and text versions of the Bulletin. SUBSCRIPTION BY EMAIL: Mail to one of these addresses and include the word "subscribe" (without the "") in the body of the email: To subscribe to the HTML version mail to: faris3-request@farislaw.com To subscribe to the Text version mail to: faris5-request@farislaw.com WEB ARCHIVE AT: Archive: http://www.farislaw.com/archive.html IF YOU HAVE PROBLEMS SUBSCRIBING OR ANY QUESTIONS PLEASE MAIL ME AT: faris@farislaw.com Regards Peter Received: (qmail 6176 invoked from network); 1 Sep 1997 11:08:59 -0000 Received: from ursa.cus.cam.ac.uk (cusexim@131.111.8.6) by jess.oucs.ox.ac.uk with SMTP; 1 Sep 1997 11:08:59 -0000 Received: from ghj1000 by ursa.cus.cam.ac.uk with smtp (Exim 1.70 #2) id 0x5ULo-0003Ge-00; Mon, 1 Sep 1997 12:08:56 +0100 Date: Mon, 1 Sep 1997 12:08:55 +0100 (BST) From: "Prof. G.H. Jones" To: restitution@maillist.ox.ac.uk Subject: Re: restitution SCiB In-Reply-To: Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Many thanks G. On Mon, 1 Sep 1997, Lionel Smith wrote: > I have mentioned the Supreme Court international Bulletin before. The > person who runs it, Peter Faris QC, is now having a subscription drive and > so I reproduce his email below for those of you who were not aware of SCiB. > I can say personally that I think it's great (although it is beyond me to > know why "international" gets a lower case i). > > Lionel > > >>>> forwarded message follows > > SUBSCRIPTION DRIVE > > This Bulletin is free (as you know). I spend about 8 hours per week > maintaining the mailing list, researching the judgements, writing the HTML > and mailing it. It currently has 2600 subscribers and I am trying to > increase this figure. > > YOU CAN HELP INCREASE THE NUMBER OF SUBSCRIBERS > > Perhaps you could spend 2 minutes and forward this email to a friend or > colleague with a recommendation that they subscribe. Thanks > > Peter > > Greetings > > The purpose of this email is to advise you of my free weekly Bulletin, the > Supreme Court international Bulletin (SCiB). (If you already subscribe > please pass this mail on to a friend or colleague). > SCiB is a free, weekly, email, HTML (or text), multilingual, international > Bulletin which publishes the following superior Court judgements: > > 1. US Supreme Court in English > 2. Canadian Supreme Court (La Cour Supreme du Canada) in English and French > 3. UK House of Lords in English > 4. High Court of Australia in English > 5. South African Constitutional Court in English > 6. Bundesverfassungsgericht (the German Federal Constitutional Court) in > German and English > 7. Le Conseil Constitutionnel (The Constitutional Court of France) in > French and English > 8. The Court of Justice of the European Communities in English, German and > French > > WEB SUBSCRIPTION AT: > > http://www.farislaw.com/subsoft.html > > Subscribers may choose between HTML and text versions of the Bulletin. > > SUBSCRIPTION BY EMAIL: > > Mail to one of these addresses and include the word "subscribe" (without > the "") in the body of the email: > > To subscribe to the HTML version mail to: > > faris3-request@farislaw.com > > To subscribe to the Text version mail to: > > faris5-request@farislaw.com > > WEB ARCHIVE AT: > > Archive: http://www.farislaw.com/archive.html > > IF YOU HAVE PROBLEMS SUBSCRIBING OR ANY QUESTIONS PLEASE MAIL ME AT: > > faris@farislaw.com > > Regards > > Peter > > > Received: (qmail 15960 invoked from network); 10 Sep 1997 11:14:25 -0000 Received: from elysium.uwa.edu.au (root@130.95.128.2) by jess.oucs.ox.ac.uk with SMTP; 10 Sep 1997 11:14:25 -0000 Received: from tartarus.uwa.edu.au (mcox@tartarus.uwa.edu.au [130.95.128.3]) by elysium.uwa.edu.au (8.8.7/8.8.0) with ESMTP id TAA03424 for ; Wed, 10 Sep 1997 19:14:20 +0800 (WST) Received: from localhost (mcox@localhost) by tartarus.uwa.edu.au (8.8.7/8.8.0) with SMTP id TAA25170 for ; Wed, 10 Sep 1997 19:14:18 +0800 Date: Wed, 10 Sep 1997 19:14:18 +0800 (WST) From: Madeleine Elizabeth Cox To: restitution@maillist.ox.ac.uk Subject: Restitution for Wrongs-Defamation In-Reply-To: Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII I was wondering if anyone could help me out. A friend of mine mentioned Hart v Dutton (1949 US), a case on defamation and waiver of tort had been reversed by a Connecticut Supreme Court this year. I have tried searching the web and have not been able to come up with anything. Can anyone confirm this and if so, tell me the name of the case? Thanks, Madeleine Cox Honours Student University of Western Australia Received: (qmail 23939 invoked from network); 29 Sep 1997 13:44:17 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 29 Sep 1997 13:44:17 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 29 Sep 1997 14:44:03 +0100 Received: from [192.76.27.39] (max8.public.ox.ac.uk [192.76.27.8]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id OAA13107 for ; Mon, 29 Sep 1997 14:43:57 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 29 Sep 1997 14:42:52 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: RDG 2d anniversary Greetings all, and welcome to new members. Tomorrow marks the second anniversary of the launch of the Restitution Discussion Group. We now have some 122 members in (judging from email address suffixes) eleven countries, from Australia to Zaire. The idea of this mailing list, as the name suggests, was that issues relating to restitution would be discussed among those interested in it. In the result, a few points have been discussed but the list has been largely used for disseminating news, primarily of cases and literature. I am perfectly happy with this evolution and I think the list is serving a useful function as a "restitution news channel" (although I will resist the impulse to change the name at this point). I would however ask everyone to participate in the news dissemination function (as some members have). I do not manage to see all of the new cases and literature even in this jurisdiction. So if you see a new case, book, article, or note, I would encourage you to post it to the list. All you have to do is send an email to . Or, as a second best, email to me at the address below. If you haven't seen a message on the RDG announcing the item you have seen, then many (if not most) members probably do not know about it and would be glad to hear. All the best, Lionel Lionel Smith St. Hugh's College Oxford, U.K. OX2 6LE Tel (0)1865 274 966; Fax (0)1865 274 912 lionel.smith@law.ox.ac.uk http://users.ox.ac.uk/~lawf0014/lionel.html Received: (qmail 29783 invoked from network); 29 Sep 1997 19:58:21 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 29 Sep 1997 19:58:21 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 29 Sep 1997 20:58:17 +0100 Received: from [192.76.27.26] (max32.public.ox.ac.uk [192.76.27.32]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id UAA06259 for ; Mon, 29 Sep 1997 20:58:12 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 29 Sep 1997 20:59:03 +0100 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: test This is a test message. Explanation follows. LS Received: (qmail 30380 invoked from network); 29 Sep 1997 20:03:47 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 29 Sep 1997 20:03:47 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 29 Sep 1997 21:03:40 +0100 Received: from [192.76.27.26] (max1.public.ox.ac.uk [192.76.27.1]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id VAA07651 for ; Mon, 29 Sep 1997 21:03:35 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 29 Sep 1997 21:04:27 +0100 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: test2 Please excuse another test message. LS Received: (qmail 30533 invoked from network); 29 Sep 1997 20:07:31 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 29 Sep 1997 20:07:31 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Mon, 29 Sep 1997 21:07:16 +0100 Received: from [192.76.27.26] (max1.public.ox.ac.uk [192.76.27.1]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id VAA02000 for ; Mon, 29 Sep 1997 21:07:03 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Mon, 29 Sep 1997 21:07:55 +0100 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: changes to the software Greetings again, I have made some minor changes to the way the list works, which I hope are improvements. 1. Due I think to an update to the majordomo software which runs our list, there has been a change to the way postings appear in your "In" box. They show as "From" the individual who sent the posting, not as "From" the list server. This exacerbates an existing problem, namely that it is easy to mistakenly make a posting to all members when you wanted to send a private message to person who made the original posting. Formerly, if you replied to a posting, the system defaulted to a reply to the server, not to the individual. Now that the message shows as "From" an individual then mistaken use of the "reply" function was even more likely. I have changed the configuration of the RDG so that when you reply to a posting, the default is now a private reply to the person who made the posting. If you want to make a posting yourself, you must ensure that your "To" line shows the posting address, namely . You may wish to use the "nickname" or "alias" function of your mailer to make an alias to that rather difficult-to-remember address. 2. The system now adds "RDG:" to the start of the subject line, rather than "restitution." The new tag is shorter and perhaps more distinctive. Given that the "From" field will show the individual who made the posting, this will give a necessary indicator that the message is a posting through the RDG. 3. Finally, the system will now add a footer to each posting. This gives information on how to subscribe, unsubscribe, and contact me. The unsubscribe info means you can always get out even if you did not keep the "welcome" message that you got when you joined. The joining info may seem redundant but the idea is that if postings are printed out and passed to colleagues, there is always an instruction on how to join up. Any feedback is warmly welcomed. Lionel