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Commonwealth Bank of Australia v Witherow
[2006] VSCA 45
Citation 1
…erned with s.24AF of the Wrongs Act which is contained in Part IVAA which deals with proportionate liability. Section 24AF(1) provides that: [64] [2006] VSCA 45 (1) This Part applies to – (a) a claim for economic loss or damage to property in an action for damages ( whether in tort, in contract, under statute or…
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Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd
[2004] HCA 52
Citation 2
…he meaning of the terms of a contractual document is to be determined by what a reasonable person would have understood them to mean”. [22] (2004) 219 CLR 165 at 179 [40] 59 In my opinion, the guarantee given by Mr A Vecris does bind him despite the fact that the guarantee of the director was not given. When Mr A Vec…
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Alexander v Perpetual Trustees WA Ltd
[2004] HCA 7
Citation 3
…ich each is liable can be said to be the same; both claimant and potential contributor must be liable to the injured plaintiff.”[63] [62] (2003) 216 CLR 109 [63] See also Paperlink Ltd v Ansell Ltd [2006] VSC 214 at [9] per Bongiorno J…
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Kranz v National Australia Bank Ltd
[2003] VSCA 92
Citation 4
…usband and wife or solicitor and client, or that there was a relationship of confidence between the debtor and the third party.”[52] [49] (2003) 8 VR 310 [50] Kranz v National Australia Bank Ltd (2003) 8 VR 310, 320 [51] Citing Garcia v National Australia Bank Ltd ( ibid ) 409 at [33] [52] Kranz v National Austral…
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State Bank of New South Wales Ltd v Chia
[2000] NSWSC 552
Citation 5
…drew Vecris is entitled to a declaration that he never became liable to Barro pursuant to the guarantee. [57] Cf Bank of New South Wales Ltd v Chia (2000) 50 NSWLR 587 107 Mr A Vecris’ defence contained a plea that from about October 2008, Barro and Vecron agreed to extend the credit available, including to provide it…
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Prosilis v Double Bay Newspapers Pty Ltd
[2000] NSWCA 30
Citation 6
…The guarantor argued that he should be released from the action on the guarantee as it was incomplete. The guarantor was held liable. [23] [2000] NSWCA 30 61 The relevant term was: “The personal guarantee of each director is required in the case of a registered company, the paid up capital of which is a nominal a…
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Re Farm Pride Foods Ltd
[1999] QSC 174
Citation 7
…Ltd .[20] In Marston’s Case , Powell J set out the following principles: [19] [1985] 1 Qd R 562 [20] (1982) 3 NSWLR 294 cf Re Prime Foods Ltd [1999] QSC 174 “1. if it is a term, whether express or implied, of the arrangements pursuant to which a parol contract of guarantee is executed, that there will be another…
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Garcia v National Australia Bank Ltd
[1998] HCA 48
Citation 8
…dition precedent waived – whether unenforceable because of undue influence or unconscionable conduct – Garcia v National Australia Bank Ltd (1998) 194 CLR 395 defence.…
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Waltons Stores (interstate) Ltd v Maher
[1988] HCA 7
Citation 9
…lled; and (6) the defendant has failed to act to avoid that detriment whether by fulfilling the assumption or expectation or otherwise.” [58] (1988) 164 CLR 387 at 428-429…
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Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd
[1975] HCA 49
Citation 10
…Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 and Crabtree - Vickers Pty Ltd v Australian Direct Mail Advertising and Addressing Co Pty Ltd (1975) 133 CLR 72 30 The evidence that I set out below establishes that Mr D Vecris gave Mr Folino authority to order product on Vecron’s account with Barro. In answer…
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Jones v Dunkel
[1959] HCA 9
Citation 11
…ding the document to his father turned to the page requiring signature he hampered his father considering the whole of the document. [56] Jones v Dunkel (1959) 101 CLR 298 101 Despite these observations about the failure to call Mrs Vecris and the evidence of Mr D Vecris, I found Mr A Vecris’ evidence convincing about h…
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Jones v Dunkel
[1959] HCA 8
Citation 12
…nt to his father turned to the page requiring signature he hampered his father considering the whole of the document. [56] Jones v Dunkel (1959) 101 CLR 298 101 Despite these observations about the failure to call Mrs Vecris and the evidence of Mr D Vecris, I found Mr A Vecris’ evidence convincing about how he came t…
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Blomley v Ryan
[1956] HCA 81
Citation 13
…ld not apply in such circumstances. Mr A Vecris’ case was really one of unilateral mistake. Mr A Vecris was an able and capable businessman. [43] (1956) 99 CLR 362…
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Suncorp Metway Pty Ltd v Panagiotidis
[2009] VSC 126
Citation 14
…sel for Mr A Vecris referred to State Electricity Commission of Victoria v Fooks [1994] 1 VR 259 at 262 and Suncorp-Metway Ltd v Panagiotidis [2009] VSC 126. 121 There are a number of authorities on the meaning of ss.23A and 23B of the Wrongs Act . In Alexander v Perpetual Trustees WA Ltd ,[62] Gleeson CJ, Gummow…
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Paperlinx Ltd v Ansell Ltd , Sandusky Walmsley Pty Ltd
[2006] VSC 214
Citation 15
(Para 9)
…and potential contributor must be liable to the injured plaintiff.”[63] [62] (2003) 216 CLR 109 [63] See also Paperlink Ltd v Ansell Ltd [2006] VSC 214 at [9] per Bongiorno J…