Baiyai Pty Ltd v Guy
[2009] NSWCA 65
Para 18
…Recently, in Baiyai Pty Ltd v Guy [2009] NSWCA 65, Handley AJA (Beazley & Giles JJA agreeing) held, in considering a claim in negligence against a solicitor where the value of a piece of land was relevant to the calculation of damages, that an informal agreement to purchase the land, which did not proceed, was evi…
HML v The Queen
[2008] HCA 16
Para 1
…in a land tax assessment appeal where the unimproved value of the appellant's land was the critical issue. As Gleeson CJ explained in HML v The Queen [2008] HCA 16; (2008) 235 CLR 334 [5] ‑ [6], the basic principle governing the admissibility of evidence is this: evidence that is relevant is admissible unless th…
Beale v Trinkler
[2008] NSWSC 347
Para 21
…ns for judgment, it would appear, however, that the parties in that case had entered into a contract which did not proceed. See also Beale v Trinkler [2008] NSWSC 347 [31] ‑ [37] and Benzlaw & Associates Pty Ltd v Medi‑Aid Centre Foundation Ltd [2007] QSC 233 [123] ‑ [128].…
Terranova v Auxil Pty Ltd
[2008] WADC 29
…ON APPEAL FROM: Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA Coram : GOETZE DCJ Citation : TERRANOVA & ANOR -v- AUXIL PTY LTD & ORS [2008] WADC 29 File No : CIV 1297 of 2003…
Benzlaw & Associates Pty Ltd v Medi-Aid Centre Foundation Ltd
[2007] QSC 233
Para 21
…t which did not proceed. See also Beale v Trinkler [2008] NSWSC 347 [31] ‑ [37] and Benzlaw & Associates Pty Ltd v Medi‑Aid Centre Foundation Ltd [2007] QSC 233 [123] ‑ [128].…
IVI Pty Ltd v Baycrown Pty Ltd
[2005] QCA 205
Para 5
…As Keane JA pointed out in IVI Pty Ltd v Baycrown Pty Ltd [2005] QCA 205 [42], as a matter of legal principle, the boundaries of the apparent authority of an agent are drawn according to what the principal represents, whether implicitly or explicitly, about the authority of the agent and the extent to which these…
MMAL Rentals Pty Ltd v Bruning
[2004] NSWCA 451
Para 11
…It is true, as Spigelman CJ (Mason P & Hodgson JA agreeing) noted in MMAL Rentals Pty Ltd v Bruning [2004] NSWCA 451; (2004) 63 NSWLR 167 [94], that an intermediate court of appeal is not bound to follow a single judge of the High Court exercising original jurisdiction. See also Bone v Commissioner of Stamp Duties…
Pacific Carriers Ltd v BNP Paribas
[2004] HCA 35
Para 3
…[1975] 133 CLR 72, 78; Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146, 159, 172. See also Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451, 466, and the decision of the House of Lords in Armagas Ltd v Mundogas SA [1986] AC 717, 777.…
Expectation Pty Ltd v PRD Realty Pty Ltd
[2004] FCAFC 189
Para 7
…In Expectation Pty Ltd v PRD Realty Pty Ltd [2004] FCAFC 189; (2004) 140 FCR 17, a Full Court of the Federal Court (Carr, Emmett & Gyles JJ) said, in the course of determining an appeal against the dismissal of proceedings by the appellant for damages pursuant to, relevantly, s 82 of the Trade Practices Act : A ven…
Stockl v Rigura Pty Ltd
[2004] NSWCA 73
Para 10
…In Stockl v Rigura Pty Ltd [2004] NSWCA 73; (2004) 12 BPR 23, 151, the Court of Appeal of New South Wales, in the context of an appeal against a trial judge's decision that a mortgagee had not breached its duty of good faith in exercising its power of sale, considered the trial judge's approach to valuation eviden…
R v Soma
[2003] HCA 13
Para 8
…[10] above. A trial judge does not make an error of law in accepting the tender of inadmissible evidence to which no objection is made. See R v Soma [2003] HCA 13; (2003) 212 CLR 299 [79] (McHugh J).…
Chen v Karandonis
[2002] NSWCA 412
Para 9
…In Chen v Karandonis [2002] NSWCA 412, it was necessary for the trial judge, in assessing damages in a tort action, to estimate the value of a shareholding in Himway Holdings, a Hong Kong proprietary company. On appeal, one of the issues was whether the trial judge was entitled to take into account, in estimating t…
Plenty v Pattinson
[2001] SASC 42
Para 8
…Court of South Australia held that evidence of an offer to purchase a race horse was inadmissible as to the value of the horse. In Plenty v Pattinson [2001] SASC 42; [2002] ANZ ConvR 171, Duggan J found, referring to McDonald , that an option to purchase was not admissible on the issue of the value of the land.…
Marcolongo v Mattiussi
[2000] NSWSC 834
Para 10
…dence of value for the simple reason that offers may be made in all sorts of circumstances but not come to fruition' (553). In Marcolongo v Mattiussi [2000] NSWSC 834, Young J regarded it as clear that an offer that had not yet blossomed into a contract was not admissible as evidence of value (referring to McDonald…
Henderson v Amadio Pty Ltd (No 1)
[1995] FCA 1029
Para 4
…In Henderson v Amadio Pty Ltd (No 1) [1995] FCA 1300; (1995) 62 FCR 1, 122, Heerey J expressed his agreement with Wilcox J's comments in Goold that it would be anomalous and unjust to adopt a blanket rule excluding offer evidence. Heerey J then made this point: Although the present case is not concerned with the p…
Ting v Blanche
[1995] FCA 781
Para 10
…In Ting v Blanche (1993) 118 ALR 543, a case involving a question as to the fair market rental value of a property, Hill J referred to Gregory as authority for the proposition that 'evidence of an offer is not evidence of value for the simple reason that offers may be made in all sorts of circumstances but not come t…
Sellars v Adelaide Petroleum NL
[1994] HCA 4
Para 2
…eing ascertained by reference to the degree of probabilities or possibilities of the opportunity being fulfilled: see Sellars v Adelaide Petroleum NL (1994) 179 CLR 332, 355.…
Goold, J. v Commonwealth of Australia & Anor. Rootsey, H.N. v Commonwealth of Australia
[1993] FCA 210
Para 10
…ioner of Land Tax (NSW) [1915] HCA 54; (1915) 20 CLR 231, and to follow observations of Wilcox J in Goold v Commonwealth of Australia [1993] FCA 157; (1993) 42 FCR 51 to the effect that it would be anomalous and unjust to adopt a blanket rule excluding evidence of unaccepted offers as proof of value.…
Goold v Commonwealth
[1993] FCA 157
Para 6
…that way he was, we consider, in error in doing so. To the extent that such evidence may be admissible in a general way, as to which see Wilcox J in Goold v Commonwealth (1993) 42 FCR 51 at 60 (' Goold ') and Heerey J in Henderson v Amadio (No 1) (1995) 62 FCR 1 at 122, it provided an insufficient additional basis upon which…
Northside Developments Pty Ltd v Registrar-General
[1990] HCA 32
Para 3
…kers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd [1975] 133 CLR 72, 78; Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146, 159, 172. See also Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451, 466, and the decision of the House of Lords in Armagas Ltd v…
Giannarelli v Wraith
[1988] HCA 52
Para 17
…ozens-Hardy MR in Inland Revenue Commissioners v Clay ([1914] 3 KB 466 at 472), and 'unjust' to use the language of Hope JA in Mordecai v Mordecai ((1988) 12 NSWLR 58 at 68) and 'anomalous and unjust' to use the language of Wilcox J in Goold quoted above. A similar issue arose in this Court in Chen v Karandonis [2002…
Businessworld Computers Pty Ltd v Australian Telecommunications Commission
[1988] FCA 206
Para 11
…ssioner of Stamp Duties [1972] 2 NSWLR 651, 654 (Jacobs P), 664 (Hope JA); Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499, 504 (Gummow J). Their judgments must nevertheless be accorded the utmost respect.…
Hughes v National Trustees, Executors and Agency Co of Australasia Ltd
[1979] HCA 2
Para 9
…ly admissible in proof of some issue in the case, its evidentiary use should be confined to that purpose. The testatrix's statements in Hughes' case ((1979) 53 ALJR 249) provide an example. If, on the other hand, evidence, admitted without objection, is not legally admissible in proof of any issue, it may, once in, b…
Australia and New Zealand Banking Group Ltd v Bangadilly Pastoral Co Pty Ltd
[1978] HCA 21
Para 10
…v Colonial Mutual Life Assurance Society Ltd (1912) 13 CLR 676, at 700; Australia & New Zealand Banking Group Ltd v Bangadilly Pastoral Co Pty Ltd (1978) 139 CLR 195, at 288 [sic]; Hawkesbury Valley Developments Pty Ltd v Custom Credit Corp Ltd (1994) 8 BPR 15,581 at 15,582 ‑ 583. In my opinion, where the answer to…
Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd
[1975] HCA 49
Para 3
…k Properties (Mangal) Ltd [1964] 2 QB 480, approved in Crabtree‑Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd [1975] 133 CLR 72, 78; Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146, 159, 172. See also Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004)…
Gregory v Federal Commissioner of Taxation
[1971] HCA 2
Para 2
…be admissible for other purposes. Reference was made to McDonald v Deputy Federal Commissioner of Land Tax (NSW) (1915) 20 CLR 231, 239 ‑ 240, and Gregory v Federal Commissioner of Taxation (1971) 123 CLR 547.…
Nelungaloo Pty Ltd v The Commonwealth
[1947] HCA 58
Para 7
…In James Patrick & Co Pty Ltd v Minister of State for the Navy [1944] ALR 254, Nelungaloo Pty Ltd v The Commonwealth [1947] HCA 58; (1947) 75 CLR 495 and Gregory v Federal Commissioner of Taxation [1971] HCA 2; (1971) 123 CLR 547, Justices of the High Court sitting at first instance held that the reasoning in Mc…
McDonald v Deputy Federal Commissioner of Land Tax (NSW)
[1915] HCA 54
Para 9
…is, as I have explained, that is simply not clear. The respondent further submitted that an offer to sell or purchase shares is no evidence of value: McDonald v Deputy Federal Commissioner of Land Tax (NSW) (1915) 20 CLR 231 at 239 ‑ 240. The point made in McDonald is quite different from the use sought to be made of Chou's evidence as to the proposed sale. McD…
McDonald v Deputy Federal Commissioner of Land Tax (NSW)
[1915] HCA 84
Para 10
…d were made to Mr and Mrs Terranova [92]. His Honour purported to distinguish McDonald v Deputy Federal Commissioner of Land Tax (NSW) [1915] HCA 54; (1915) 20 CLR 231, and to follow observations of Wilcox J in Goold v Commonwealth of Australia [1993] FCA 157; (1993) 42 FCR 51 to the effect that it would be anomalou…
Pendlebury v Colonial Mutual Life Assurance Society Ltd
[1912] HCA 9
Para 10
…a proper price, and not upon what valuers may say the property should have sold for: see eg Pendlebury v Colonial Mutual Life Assurance Society Ltd (1912) 13 CLR 676, at 700; Australia & New Zealand Banking Group Ltd v Bangadilly Pastoral Co Pty Ltd (1978) 139 CLR 195, at 288 [sic]; Hawkesbury Valley Developments Pt…
Spencer v The Commonwealth
[1907] HCA 82
Para 14
…n which required a test of 'what a buyer would give'. This was not the exchange bargain test of market value identified in Spencer v The Commonwealth [1907] HCA 82; (1907) 5 CLR 418. His Honour expressed the opinion that McDonald was not an authority on the admissibility of an offer to purchase in a case in whic…
Ting v Blanche
[1993] FCA 781
Para 10
…In Ting v Blanche (1993) 118 ALR 543, a case involving a question as to the fair market rental value of a property, Hill J referred to Gregory as authority for the proposition that 'evidence of an offer is not evidence of value for the simple reason that offers may be made in all sorts of circumstances but not come to f…
[1995] FCA 1300
[1995] FCA 1300
Para 4
…In Henderson v Amadio Pty Ltd (No 1) [1995] FCA 1300; (1995) 62 FCR 1, 122, Heerey J expressed his agreement with Wilcox J's comments in Goold that it would be anomalous and unjust to adopt a blanket rule excluding offer evidence. Heerey J then made this point: Although the present case is not concerned with the p…
[1995] WASC 117
[1995] WASC 117
Para 9
…In Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370, 378, Ipp J (with whom Malcolm CJ agreed) held that evidence of offers to purchase certain mining tenements (which had been referred to in a valuation report on the tenements) was inadmissible, referring to Gregory .…
Adelaide Brighton Cement Ltd v The State of South Australia
[2001] SASC 381
Para 4
…s as to the purpose for which it is sought to be used in the instant case (122). See also Adelaide Brighton Cement Ltd v The State of South Australia [2001] SASC 381 [6] (Debelle J).…
Cordelia Holdings Pty Ltd v Newkey Investments Pty Ltd
[2004] FCAFC 48
Para 5
…In Cordelia Holdings Pty Ltd v Newkey Investments Pty Ltd [2004] FCAFC 48, a Full Court of the Federal Court examined whether a trial judge had erred in his assessment of the value of a property in the context of a claim for damages in respect of loss suffered by reason of misleading or deceptive conduct in contra…
[1914] 3 KB 466
[1914] 3 KB 466
Para 17
…ion of the evidence of an offer by that purchaser would be 'absurd', to use the language of Cozens-Hardy MR in Inland Revenue Commissioners v Clay ([1914] 3 KB 466 at 472), and 'unjust' to use the language of Hope JA in Mordecai v Mordecai ((1988) 12 NSWLR 58 at 68) and 'anomalous and unjust' to use the language o…
[1964] 2 QB 480
[1964] 2 QB 480
Para 3
…she is in fact permitted to do normally does in the ordinary course of such business. See Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480, approved in Crabtree‑Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd [1975] 133 CLR 72, 78; Northside Developments Pty…
[1986] AC 717
[1986] AC 717
Para 3
…also Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451, 466, and the decision of the House of Lords in Armagas Ltd v Mundogas SA [1986] AC 717, 777.…