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Giuseppe Bonifacio v NSW Trustee and Guardian acting as executor of the Estate of the late Adam Frank Woitala
[2015] NSWSC 124
Citation 1
(Para 10)
…The Cetinkayas say that their claim, though based on fraud, is for the recovery of land. They rely on Bonifacio v NSW Trustee and Guardian [2015] NSWSC 124.…
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Levy v Watt
[2014] VSCA 60
Citation 2
(Para 4)
…Section 27 operates to postpone the commencement of the period of limitation in cases of fraud, concealment by fraud or mistake: see Levy v Watt (2014) 308 ALR 748 per Santamaria JA at [38]. An allegation that a cause of action is statute barred is raised by way of defence. If the Court is satisfied of the matters in…
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Kaufman and Kaufman and Ors (No 2)
[2010] FamCA 474
Citation 3
(Para 5)
…to give an explanation for the amendment is fatal to the application, relying on Aon Risk Services Australia Limited v Australian National University (2009) 258 ALR 14 at 44-45.…
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Agtrack (NT) Pty Ltd v Hatfield
[2005] HCA 38
Citation 4
(Para 23)
…to identify the specific provision of the Act relied on is capable of being cured by amendment: see Agtrack (NT) Pty Ltd (t/as Spring Air) v Hatfield [2005] HCA 38 at [40].…
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Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (In Liq)
[2003] HCA 25
Citation 5
(Para 6)
…An allegation of fraud should be clearly and distinctly pleaded and put: Permanent Trustee Australia Ltd v FAI General Insurance Company Ltd (in liq) [2003] HCA 25 [38].…
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Watson v Foxman
[1995] NSWCA 497
Citation 6
(Para 7)
…As McLelland CJ in Equity observed in Watson v Foxman (1995) 49 NSWLR 315 at 319: … human memory of what was said in a conversation is fallible for a variety of reasons, and ordinarily the degree of fallibility increases with the passage of time, particularly where disputes or litigation intervene, and the process of…
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Briginshaw v Briginshaw
[1938] HCA 36
Citation 7
(Para 3)
…Section 140 enshrines the principle stated by Dixon J in Briginshaw v Briginshaw (1938) 60 CLR 336, 361-362 The seriousness of an allegation made, the inherent unlikelihood of an occurrence of a given description, or the gravity of the consequences flowing from a particular finding are considerations which must affect the answer…
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Briginshaw v Briginshaw
[1938] HCA 34
Citation 8
(Para 3)
…Section 140 enshrines the principle stated by Dixon J in Briginshaw v Briginshaw (1938) 60 CLR 336, 361-362 The seriousness of an allegation made, the inherent unlikelihood of an occurrence of a given description, or the gravity of the consequences flowing from a particular finding are considerations which must affe…
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AON Risk Services Australia Limited v Australian National University
[2009] HCATrans 74
Citation 9
(Para 5)
…Mr Unal says that the failure to give an explanation for the amendment is fatal to the application, relying on Aon Risk Services Australia Limited v Australian National University (2009) 258 ALR 14 at 44-45.…
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Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd
[1992] HCATrans 297
Citation 10
(Para 5)
…In Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 at 450, the High Court observed that statements to the effect that clear, cogent, or strict proof is necessary where fraud is to be found should: … be understood as merely reflecting a conventional perception that members of our society do not ord…
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Bullhead Pty Ltd v Brickmakers Place Pty Ltd
[2017] VSC 206
Citation 11
(Para 10)
…aneous documents, and the inherent commercial probabilities which led to the transfer of the property: see Bullhead Pty Ltd v Brickmakers Place & Ors [2017] VSC 206 per Sifris J: Where there is conflicting evidence, the court will place ‘primary emphasis on the objective factual surrounding material and the inher…
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Lam v Lam
[2016] VSC 298
Citation 12
(Para 4)
…Actual persuasion’ in Briginshaw is understood as equivalent to the state of ‘satisfaction’, as the word is used in s140: see Lam v Lam & Ors [2016] VSC 298 at [15].…