Tsueneaki v Stewart
[2013] ACTCA 34
Citation 1
…process should not be made lightly and only in exceptional circumstances – see Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175. Matters to be considered include whether, although the literal application of procedural rules may have been followed, the Court should prevent a misu…
AON Risk Services Australia Limited v Australian National University
[2009] HCATrans 74
Citation 2
…er, that is not the end of the matter. Clearly a finding of abuse of process should not be made lightly and only in exceptional circumstances – see Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175. Matters to be considered include whether, although the literal application of procedural rules may have been followed, the Court should pr…
Briggs v Victorian WorkCover Authority (Ruling)
[2016] VCC 204
Citation 3
…pect of a favourable outcome before a Panel exists. The plaintiff will doubtless rely upon the decision of his Honour Judge O’Neill in Briggs v VWA [2016] VCC 204. However, what has occurred in the present case does not constitute an abuse of process.…
Dransfield v G a Gathercoles Pty Ltd (Ruling)
[2014] VCC 151
Citation 4
…’Neill in Amendola v United Doormakers (Vic) Pty Ltd [2012] VCC 1038 and to that of his Honour Judge Brookes in Dransfield v G A Gathercole Pty Ltd [2014] VCC 151. In those decisions, and particularly in Amendola , the role of the Court in relation to loss of earning capacity issues is emphasised.…
Amendola v United Doormakers (Vic) Pty Ltd (Ruling)
[2012] VCC 1038
Citation 5
…Therefore, they should not be referred. Reference is made to the decision of his Honour Judge O’Neill in Amendola v United Doormakers (Vic) Pty Ltd [2012] VCC 1038 and to that of his Honour Judge Brookes in Dransfield v G A Gathercole Pty Ltd [2014] VCC 151. In those decisions, and particularly in Amendola , the r…
Monteiro v Tiago Enterprises Pty Ltd
[2012] VCC 362
Citation 6
…I would refer to the matters set out by his Honour Judge Saccardo in Monteiro v Tiago Enterprises Pty Ltd [2012] VCC 362. In addition to other factors to be considered, his Honour referred to the category of abuse which could be described as the use of the Court’s procedures being unjustifiably oppressive to one…