MBF Investments Pty Ltd v Nolan
[2011] VSCA 114
Citation 1
…onable steps to obtain the best price consistently with its right to enforce its security interests ” ( MBF Investments Pty Ltd v Nolan [2011] VSCA 114 at paragraph 100). 47The sale by CBA in April 2013 is not now sought to be impugned. CBA chose the time of sale. It is not to point that a higher price may have be…
Parsons v McBain
[2001] FCA 376
Citation 2
…lication to amend the caveat to claim a half share of the Property. 24Mr Barber, relying upon the Full Federal Court decision of Parsons v McBain [2001] FCA 376; (2001) 109 FCR 120 (“ Parsons ”), submitted that the fact that the marriage still subsisted, despite no declaration of trust having been made by a court…
Director of Public Prosecutions v Ali (No 2)
[2010] VSC 503
Citation 3
…ing been made by a court, did not prevent the independent existence of such a trust. 25In Director of Public Prosecutions v Ali & Anor (No 2) [2010] VSC 503 (“ Ali ”), Hargrave J rejected the contention that a common intention constructive trust had been made out as between a husband and wife in circumstances whe…
Piroshenko v Grojsman
[2010] VSC 240
Citation 4
…parties and all experts reports as to damages and liability, by 5 June 2014; b.the relevant principles stated by Warren CJ in Piroshenko v Grojsman (2010) 27 VR 489 (“ Piroshenko ”) upon the hearing of an application for the removal of a caveat.…
Schmidt v 28 Myola Street Pty Ltd
[2006] VSC 343
Citation 5
…18In Piroshenko , Warren CJ at paragraph 8 noted the earlier decision of Schmidt v 28 Myola Street Pty Ltd (2006) 14 VR 447 where Her Honour stated that “… the proper exercise of the discretion under s 90(3) will involve considering: in which party’s favour the balance of convenience lies; whether there is a seriou…