Re: Does NR know about this?

["David Proctor" <daproc.spambait@umpires.com>]

David & Jan Winter wrote in message <3650242c.0@news.highway1.com.au>...
>Gentlemen:
>
>Point 1: WC has interests in Australian and NZ operators. At a negotiating
>level, locals have an argument to wield, given such knowledge.


They also have interests in the UK.

>Point 2: where a Court ruling relies on the "Common Law" of precedent, and
>as the US corpus of law includes the British precedents, it is apparently
>admissable in legal argument in Australian courts.

It depends on the common law - Australian coomon law has tneded to diverge
from UK common law in recent times - this is because common law has to be
interpreted in relation to statute law, and since federation in 1901, the
English Parliament has passed different laws to the Australian Parliaments,
and this has impacted on how the courts in the two countries have determined
common law. But this has no relevance to the original posting, which related
to the finding of a US court in relation to a US statute.

 Thus, to the extent that
>the ruling relied on the corpus of precedent and "natural justice" to
>interpret statute or constitutional law, that part of the ruling could have
>a bearing in Australia.

No - Australian courts have shown themselves to be EXTREMELY reluctant to
take judicial notice of US courts - they MAY take note of some of the
evidentiary parts of US proceedings, and will give it the weight that the
court deems appropriate, but they rarely take note of their findings.

Obviously, the statute itself is peculiar to its own
>jurisdiction.


As is the finding of the court.

>Point 3: it is of interest to the community of persons who would look at
>Aus.rail. So, no matter what some say, keep on keeping us informed, Mark.


But then why not inform us about everything? EWS, owned by Wisconsin is
getting new locomotives for the UK? Why not Tasmania? EWS is getting new
freight wagons for the UK. Why not Tasmania? Wisconsin took on an intake of
new office boys. Why not Tasmania? Wisconsin purchaed 250,000 paper clips in
Wisconsin. Why not Tasmania?

Not everything that a company does in other parts of the world is relevant
to Australia. All I ask is that it be relevant.

David "The Doctor" Proctor
daproc.spambait@umpires.com

>
>Regards
>
>DW
>
>
>
>