Ansett Australia Ltd v Taylor
[2006] VSCA 171
Citation 1
…f no fault compensation can amount to an admission by the defendant of liability which would ordinarily be regarded as very significant.[6] [5] [2006] VSCA 171 [6] at paragraph 40 23 The submission was made in the context of a debate which I had with Ms Tsikaris, that the questions seek an opinion of a Medical Pan…
Button v Chapman
[2003] FCA 861
Citation 2
…nd Mr Karas referred me to Walton v Gardiner ,[1] and Skordos v Garnett & Ors [2] in an endeavour to demonstrate the meaning of abuse of process. [1] (1993) 177 CLR 378 [2] [2009] VSC 512 9 Walton v Gardiner was an appeal heard by the High Court relevant to an application to stay disciplinary proceedings. Skordos v G…
Ridgeway v the Queen
[1995] HCA 66
Citation 3
…lightly. Indeed, the authorities demonstrate that such a conclusion ought to be arrived at only in exceptional circumstances.[8] [8] R v Smith [1995] 1 VR 10 at 14, per Brooking J 29 Section 134AB provides a gateway to an injured worker to obtain leave to bring a proceeding at common law to recover damages…
Rogers v The Queen
[1994] HCA 42
Citation 4
…r party to the litigation and, secondly, that the matter complained of will bring the administration of justice into disrepute ( Rogers v The Queen (1994) 181 CLR 251 at 256 per Mason CJ; 286 per McHugh J; see also Hunter v Chief Constable of the West Midlands Police (1982) AC 529 at 536 per Lord Diplock and Walton v…
Walton v Gardiner
[1993] HCA 77
Citation 5
…sses of the Court, which exist to administer justice with fairness and impartiality, may be converted into instruments of injustice or unfairness ( Walton v Gardiner (1993) 177 CLR 378 at 395 per Mason CJ, Deane and Dawson JJ). It is important that freedom of access to the Courts should be preserved, and that defendants sh…
Williams v Spautz
[1992] HCA 34
Citation 6
…Courts should be preserved, and that defendants should not be encouraged to seek a stay on flimsy grounds for tactical reasons ( Williams v Spautz (1992) 174 CLR 509 at 519 per Mason CJ, Dawson, Toohey and McHugh JJ), but the fundamental policy considerations informing the jurisdiction are that the Court must ensure…
Skordos v His Honour Magistrate Garnett
[2009] VSC 512
Citation 7
…to Walton v Gardiner ,[1] and Skordos v Garnett & Ors [2] in an endeavour to demonstrate the meaning of abuse of process. [1] (1993) 177 CLR 378 [2] [2009] VSC 512 9 Walton v Gardiner was an appeal heard by the High Court relevant to an application to stay disciplinary proceedings. Skordos v Garnett & Ors is rat…
Hunter v Chief Constable of the West Midlands Police & Ors
[1981] UKHL 13
Citation 8
…of will bring the administration of justice into disrepute ( Rogers v The Queen (1994) 181 CLR 251 at 256 per Mason CJ; 286 per McHugh J; see also Hunter v Chief Constable of the West Midlands Police (1982) AC 529 at 536 per Lord Diplock and Walton v Gardiner at 393)." [4] (1997) Aust Torts Reports 81-423 at 64,086. In Walton v Gardiner , Mason CJ, Dean an…