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In the matter of an application for bail by PAUL HENDERSON
[2008] ACTSC 109
Citation 1
(Para 127)
…case: Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 ; (2007) 230 CLR 89 at [127] ; Bowstead and Reynolds at [8- 207]”. 40.This, Ms Neskovcin submitted demonstrates that there's no blanket rule about attribution of knowledge of an agent to the principal. Whether of not knowledge can be attributed to the…
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Spina v Permanent Custodians Ltd
[2008] NSWSC 561
Citation 2
…ment of Justice Hammerschlag in Angelina Spina v Permanent Custodians Ltd [2008] NSWSC 561 at paragraph 106, where His Honour also reviewed all of the authorities in saying, inter alia: “106. The law may impute to a principal knowledge relating to the subject matter of the agency which the agent acquires while acti…
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Farah Constructions Pty Ltd v Say-Dee Pty Ltd
[2007] HCA 22
Citation 3
…will not be the case: Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 ; (2007) 230 CLR 89 at [127] ; Bowstead and Reynolds at [8- 207]”. 40.This, Ms Neskovcin submitted demonstrates that there's no blanket rule about attribution of knowledge of an agent to the principal. Whether of not knowledge can…
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Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (In Liq)
[2003] HCA 25
Citation 4
…anent Trustee Australia Ltd v FAI General Insurance Co Ltd (in liq) [2003] HCA 25 ; (2003) 214 CLR 514 at 548). There may be circumstances where facts received by an agent otherwise than as agent may nevertheless be imputed to the principal, such as where the principal had a duty to make further investigation, b…
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Permanent Trustee Australia Co Ltd v FAI General Insurance Co Ltd
[2001] NSWCA 20
Citation 5
…: Permanent Trustee Australia Co Ltd v FAI General Insurance Co Ltd [2001] NSWCA 20; (2001) 50 NSWLR 679 at 697 (reversed on other grounds: see Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (in liq) [2003] HCA 25 ; (2003) 214 CLR 514 at 548). There may be circumstances where facts received by an a…
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General Steel Industries Inc v Commissioner for Railways (NSW)
[1964] HCA 69
Citation 6
…seless expense’.”[2] [2] General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 129.…
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Dey v Victorian Railways Commissioners
[1949] HCA 1
Citation 7
…from submitting its case for determination. 9. Barwick CJ in General Steel Industries set out the test as follows: [1] (1948) 78 CLR 62 at 92. “The test to be applied has been variously expressed; ‘so obviously untenable that it cannot possibly succeed’; ‘manifestly groundless’; ‘so manifestly faulty that it does…
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Clarke v Great Southern Finance Pty Ltd
[2010] VSC 473
Citation 8
…21 In Peter Clarke as Trustee of the Clarke Family Trust & Ors v Great Southern Finance (Receivers & Managers Appointed)(In Liquidation) & Ors [2010] VSC 473 Justice Croft ruled in relation to an application involving similar issues and arguments to that with which I am faced with here. At paragraph 11 His Honour…
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P & V Industries Pty Ltd v Porto
[2006] VSC 131
Citation 9
…ween the parties. They are set out in Williams, Civil Procedure Victoria at 23.01.35. In P&V Industries Pty Ltd v Porto [2006] VSC 131 Justice Hollingworth summarised the principles applicable at paragraphs 8 and 9 in the following way: 8. Whether treated as an application to strike out the current paragraphs, or…