Attwells v Jackson Lalic Lawyers Pty Ltd
[2016] HCA 16
Citation 1
(Para 1)
…h alleged negligence in the conduct of the VCAT proceeding, stating that based on the High Court case of Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16; (2016) 331 ALR 1 (“ Attwells ”), WMB has a complete defence to the allegations made by Mr Wilbur to the extent that they relate to WMB’s conduct of the…
McVeigh v National Australia Bank Ltd
[2000] FCA 187
Citation 2
(Para 1)
…s upon discontinuance pursuant to r 25.02, relying on the decision of O’Bryan J in Dohrmann v Attorney General for the State of Victoria [1995] 1 VR 274 (“ Dohrmann ”) at 277 at L40. According to counsel, I could only make such an order if I was satisfied that WMB’s conduct in relation to the pleading of th…
Ferny Sky Pty Ltd v Capital Finance Australia
[2006] VSC 366
Citation 3
(Para 1)
…e are well settled and are conveniently summarised by the Honourable Justice Whelan (as he then was) in Ferny Sky Pty Ltd v Capital Finance Australia [2006] VSC 366 (Unreported) (“ Ferny Sky ”). After confirming that: “under our rules it is clear that the onus is on the discontinuing party to establish that some…
Patsios & Anor v Glavinic & Anor
[2006] VSC 92
Citation 4
(Para 1)
…making an order on discontinuance by a plaintiff, that the defendant pay all or part of the plaintiff’s costs. In Patsios & Anor v Glavinic & Anor [2006] VSC 92 (Unreported), Smith J at [6] expressly accepted the proposition stated by Habersberger J in Blackjack that when a plaintiff discontinues a proceeding,…
Blackjack Executive Car Services Pty Ltd v Koulax
[2002] VSC 380
Citation 5
(Para 1)
…In Blackjack Executive Car Services Pty Ltd v Koulax [2002] VSC 380 (Unreported) (“ Blackjack ”), Habersberger J at [9] to [11] referred to two decisions decided before Dohrmann (at least one of which was apparently not cited to O’Bryan J), where judges of the Supreme Court had proceeded on the basis that they ha…