MyEnvironment Inc v VicForests
[2012] VSC 111
Citation 1
…eference to various authorities before the court to support the defendant's position including a decision of MyEnvironment Inc v VicForests [2012] VSC 111. 26.In relation to these further maters, I have considered them as follows: a. Firstly, I reject the characterisation of this dispute as in substance a debt di…
Commissioner of State Revenue v Challenger Listed Investments Ltd (No 2)
[2011] VSCA 398
Citation 2
…sion of Berrigan Shire Council v Ballerini & Anor (No 2) [2006] VSCA 65 in Commissioner of State Revenue v Challenger Listed Investments (No 2) [2011] VSCA 398 [14]). More significantly, however, there was no compromise on the crucial construction point; ·Regarding the plaintiff’s prospects of success, the defenda…
IMC Aviation Solutions Pty Ltd v Altain Khuder LLC
[2011] VSCA 248
Citation 3
…nity costs should be made (see generally Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR; and IMC Aviation Solutions Pty Ltd v Altain Khuder LLC [2011] VSCA 248 which provide for relevant categories when one considers indemnity costs). 33.As indicated already, I consider that the plaintiff was obliged to brin…
Berrigan Shire Council v Ballerini (No 2)
[2006] VSCA 65
Citation 4
…mpromise offered was not significant and was akin to a demand to capitulate (see discussion of Berrigan Shire Council v Ballerini & Anor (No 2) [2006] VSCA 65 in Commissioner of State Revenue v Challenger Listed Investments (No 2) [2011] VSCA 398 [14]). More significantly, however, there was no compromise on the…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298
Citation 5
…rinciples that guide the court are set out in a decision of the Court of Appeal in Hazeldene’s Chicken Farm Pty Ltd v Victorian Workcover Authority [2005] VSCA 298. 42.The critical question is whether the rejection of the offer was unreasonable in the circumstances. 43.In Hazeldene , the court stated that a court…