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Cases Citing This Decision
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Statutory Material Cited
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Wilson v Anderson
[2002] HCA 29
Citation 1
(Para 1)
…In Wilson v Anderson (2002) 213 CLR 401 at 418 [8], Gleeson CJ explained this objectivity principle in reference to commercial contracts:…
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State of New South Wales v Banabelle Electrical Pty Ltd
[2002] NSWSC 178
Citation 2
(Para 1)
…he context of the surrounding circumstances known to both parties (aka the "factual matrix"). In New South Wales v Banabelle Electrical Pty Ltd (2002) 54 NSWLR 503 Einstein J said:…
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Codelfa Construction Pty Ltd v State Rail Authority of New South Wales
[1982] HCA 24
Citation 3
(Para 1)
…airly stringent set of rules to determine if something is a term that should be implied. In Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 at 352, Mason CJ (with whom Stephen and Wilson JJ agreed upon the issue of ad hoc implied terms) stated (for Australia) his now famous “true rule”gov…
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Australian Knitting Mills Ltd v Grant
[1933] HCA 35
Citation 4
(Para 1)
…The defendant argued that the machine was not of merchantable quality. In Australian Knitting Mills v Grant (1933) 50 CLR 387 Dixon J (as he then was) carved out a classic and still relevant distinction between those instances in which the particular goods supplied are defective in the sense of not normal for goods…
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Grant v Australian Knitting Mills
[1935] UKPC 2
Citation 5
(Para 1)
…The defendant argued that the machine was not of merchantable quality. In Australian Knitting Mills v Grant (1933) 50 CLR 387 Dixon J (as he then was) carved out a classic and still relevant distinction between those instances in which the particular goods supplied are defective in the sense of not normal for goods of the description sold…