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Australian Scholarships Group v Zhang

Australian Scholarships Group v Zhang

Case [2011] VCC 455

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AGLC: Australian Scholarships Group v Zhang [2011] VCC 455
Case: [2011] VCC 455
Decision Date: 6 May 2011

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Australian Scholarships Group v Zhang [2011] VCC 455

Cases Citing This Decision

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Statutory Material Cited

Permanent Mortgages Pty Ltd v Vandenbergh [2010] WASC 10
Citation 1

…cission should do equity by repaying the monies it received, secured by the mortgage plus interest.”[47] [46] [2010] WASC 10 [47] [2010] WASC 10 at [391] 134 On the basis of these principles, the plaintiff would also be entitled to the amount sought (which includes interest at 8.66%) on the basis of its restituti…
Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682
Citation 2 (Para 16)

…226) [2009] FCA 682, per Gordon J at [16] to [17]…
Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2) [2009] FCA 17
Citation 3

…Trade Practices Act 61 The law applicable to s 51AC was conveniently summarised by Foster J in ACCC v Allphones Retail Pty Ltd (No 2):[22] [22] [2009] FCA 17at [113]-[114] There is a body of authority in this Court which establishes the following propositions: (a) The scope of s 51AC is wider than that of s 51AA…
Turner v Windever [2005] NSWCA 73
Citation 4

…of the special disadvantage, and that the defendant has unconscientiously taken advantage of the opportunity presented by the disadvantage.[17] [16] [2005] NSWCA 73 [17] 58 Once the essential elements are established, the onus is then on the plaintiff to show that the transaction was fair, just and reasonable.[18…
Turner v Windever [2003] NSWSC 1147
Citation 5 (Para 105)

…nable person, the result will be the same.”[14] [14] 56 In Turner v Windever, [15] Austin J set out a summary of the element as follows: [15] [2003] NSWSC 1147 at [105] • The weaker party must, at the time of entering into the transaction, suffer from a special disadvantage vis-a vis the stronger party; • the specia…
Roxborough v Rothmans of Pall Mall Australia Ltd [2001] HCA 68
Citation 6

…[31] Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516 at 568…
Maguire v Makaronis [1997] HCA 23
Citation 7

…peal as to the repayment of the advance and commercial interest. [44] Maguire and Another v Makaronis and Another (1997) 188 CLR 449 [45] Maguire and Another v Makaronis and Another (1997) 188 CLR 449 at 475 133 This case was also applied in Permanent Mortgages Pty Ltd v Vandenbergh[46] by Murphy J who stated, “in th…
Commissioner of State Revenue (Vic) v Royal Insurance Australia Ltd [1994] HCA 61
Citation 8 (Para 52)

…Australia Ltd (1994) 182 CLR 51 at [52] per Mason CJ. 35 (1992) 175 CLR 353. 36 (1992) 175 CLR 353 at 379 (Mason CJ, Deane, Toohey, Gaudron & McHugh JJ). Gummow J.…
Louth v Diprose [1992] HCA 61
Citation 9

…17 [2005] NSWCA 73 at [2] citing Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 at 474 per Deane J J and Louth v Diprose (1992) 175 CLR 621 at 628-9 per Brennan J…
David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48
Citation 10

…ircumstances where it would be unjust.” [40] [39] David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 at 385. [40] (1992) 175 CLR 353 at 385; their Honours’ emphasis 125 Some recognised elements are conveniently described in K Mason, J W Carter & G J Tolhurst Restitution Law in Australia (2nd…
Baltic Shipping Co v Dillon [1991] NSWCA 19
Citation 11

…of the transaction” or the borrower’s ability to make the required payments. [30] Beneficial Finance Corporation Ltd v Karavas (1991) 23 NSWLR 256 at 276 Moving party 107 Although Peruncorp was the “moving party,” this may have put a heavier onus on Peruncorp, and particularly Ms Ren, who dealt with the defendant, bu…
Commercial Bank of Australia Ltd v Amadio [1983] HCA 14
Citation 12

…a judgment as to his own best interests …”.[20] [19] [2009] VSC 583 [20] Citing Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 at 462 per Mason…
Winterton Constructions Pty Ltd v Hambros Australia Ltd [1992] FCA 582
Citation 13

…templated stated of affairs has disappeared.”[38] [35] [36] [37] Winterton Construction Pty Ltd v Hambros Australia Ltd (1991) 101 ALR 363 at 374 per [38] Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516 at 525. 122 In the present case, given that the restitution claim would only arise where the tr…
Perpetual Trustees Australia Ltd v Schmidt [2010] VSC 67
Citation 14 (Para 196)

…nce been quoted with approval in both the Supreme Court of Victoria[23] and in the Federal Court.[24] [23] Perpetual Trustees Australia Ltd v Schmidt [2010] VSC 67 at [196] per Forrest J [24] Australian Competition and Consumer Commission v Dukemaster Pty Ltd (ACN 050 275 63 Section 51AC(3) contains a non-exhaus…
Christodoulou v Christodoulou [2009] VSC 583
Citation 15

…which “… seriously affects the ability of the innocent party to make a judgment as to his own best interests …”.[20] [19] [2009] VSC 583 [20] Citing Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 at 462 per Mason…
Equuscorp Pty Ltd (formerly Equuscorp Financial Services Pty Ltd) v Bassat [2007] VSC 553
Citation 16 (Para 136)

…pursuance of a scheme which all saw as beneficial and in circumstances where he clearly understood the need to repay.[42] [42] Equuscorp v Bassat [2007] VSC 553 per Byrne J at [136]. 127 There are moreover at least two other obstacles to the defence. 128 Thus, as indicated above, the evidence as to the defendant’…

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