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Hou v Westpac Banking Corporation
[2015] VSCA 57
Citation 1
(Para 14)
…Permanent Custodians was referred to by the Court of Appeal in Hou and Kanakaridis v Westpac Banking Corporation Ltd [2015] VSCA 57. The applications sought leave to appeal for various reasons, including at [46] that: The proceedings as commenced by the respondent were invalid from the beginning pursuant to s3 of…
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Lubura v Nezirevic
[2013] VSCA 215
Citation 2
(Para 1)
…o proper adjudication’: Lord Wright in Evans v Bartlam [1937] AC 473 at 489, applied in Kostakanellis v Allen [1974] VR 596 and Lubura v Nezirevi [2013] VSCA 215 at [4].…
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Permanent Custodians Limited v Palmer
[2009] VSCA 80
Citation 3
(Para 12)
…In Permanent Custodians Ltd v Palmer [2009] VSCA 80 ( Permanent Custodians ), Mr Palmer sought leave to appeal for several reasons, including that the initial proceeding filed against himself and Virgin Investments Pty Ltd was ‘fatally defective in that the statement of claim was signed in the name of Permanent’s…
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Perre v Apand
[2004] FCA 1220
Citation 4
(Para 15)
…cko 31 VR 340; Commonwealth Bank of Australia v Quade & Ors (1991) 178 CLR 134; Monroe Schneider Associates (Inc) & Anor v No 1 Raberem Pty Ltd & Ors (1992) 109 ALR 137.…
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Bank of South Australia Ltd v Ferguson
[1998] HCA 12
Citation 5
(Para 7)
…fraud if further enquiries had been made does not itself prove fraud (see Pyramid Building Society (In Liquidation) v Scorpion Hotels Pty Ltd [1998] 1 VR 188).…
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Krakowski v Eurolynx Properties Ltd
[1995] HCA 68
Citation 6
(Para 3)
…ore important where fraud allegations are made. Fraud must be pleaded specifically with full particulars (see Krakowski v Eurolynx Properties Pty Ltd (1995) 183 CLR 563 at 573).…
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Neil v Nott
[1994] HCA 23
Citation 7
(Para 11)
…burden of endeavouring to ascertain the rights of parties which are obfuscated by their own advocacy: see the High Court’s comments in Neil v Nott (1994) 68 ALJR 509 at 510.…
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Grgic v ANZ Banking Group Ltd
[1992] NSWCA 98
Citation 8
(Para 11)
…Grgic v ANZ Banking Group Ltd (1994) 33 NSWLR 202 concerned a forged attestation of a signature by an imposter, witnessed by the bank’s officers. There the New South Wales Court of Appeal held that the attestation and certification by the bank’s officers did not amount to fraud for the purposes of section 42 of the Re…
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Bahr v Nicolay (No 2)
[1988] HCA 16
Citation 9
(Para 4)
…I considered whether this assertion might form any basis for a personal equity claim of the sort raised in Bahr v Nicolay (No. 2) (1988) 164 CLR 604. I do not consider that it does.…
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Breskvar v Wall
[1971] HCA 70
Citation 10
(Para 8)
…ietor and that the fraud was the bank’s own, in the sense that it can be brought home to the bank: Frazer v Walker [1967] 1 AC 569; Breskvar v Wall (1971) 126 CLR 376.…
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Wollongong Corporation v Cowan
[1955] HCA 16
Citation 11
(Para 13)
…grant of a new trial on the ground of discovery of new evidence, as enunciated by the High Court in Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435.…
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Stuart v Kingston
[1924] UKPCHCA 3
Citation 12
(Para 9)
…iously dishonest act can be brought home to the bank, as the registered proprietor of the interest, its title will be indefeasible: Stuart v Kingston (1923) 32 CLR 309.…
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Wentworth v Rogers & Anor
[2007] HCATrans 747
Citation 13
(Para 12)
…Fraud must be alleged in a proposed statement of claim: see Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 ( Wentworth ) at 539: In summary [the applicant] must establish that the case is based on newly discovered facts; that the facts and material and such as to make it reasonably probable the case will succeed; that…
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Commonwealth Bank of Australia v Quade
[1992] HCATrans 226
Citation 14
(Para 15)
…ave been accepted in more recent authorities as accurately stating the law: Talacko v Talacko 31 VR 340; Commonwealth Bank of Australia v Quade & Ors (1991) 178 CLR 134; Monroe Schneider Associates (Inc) & Anor v No 1 Raberem Pty Ltd & Ors (1992) 109 ALR 137.…
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Commonwealth Bank of Australia v Quade
[1991] HCATrans 227
Citation 15
(Para 15)
…These principles have been accepted in more recent authorities as accurately stating the law: Talacko v Talacko 31 VR 340; Commonwealth Bank of Australia v Quade & Ors (1991) 178 CLR 134; Monroe Schneider Associates (Inc) & Anor v No 1 Raberem Pty Ltd & Ors (1992) 109 ALR 137.…
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Raptis v City of Melbourne
[2017] VSC 488
Citation 16
(Para 12)
…its adversarial quality. The Court does not have a duty to run the case for Bankseea or Mr and Ms Annesley: see Croft J in Raptis v City of Melbourne [2017] VSC 488 [15].…
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Hou v Westpac Banking Corporation
[2014] VSC 606
Citation 17
(Para 4)
…Then Chief Justice Warren rejected a similar point at [55] of Hou v Westpac [2014] VSC 606.…