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United Group Resources Pty Ltd v Calabro (No 5)
[2011] FCA 1408
Citation 1
(Para 149)
…act not proved ”.[14] The ways in which this principle operates was explained by McKerracher J in United Group Resources Pty Ltd v Calabro (No 5) (2011) 198 FCR 514 at [74] and [75] as follows:…
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Encyclopaedia Britannica Australia Ltd v Campbell
[2009] NSWCA 286
Citation 2
(Para 123)
…In Encyclopaedia Britannica Australia Pty Ltd v Campbell [2009] NSWCA 286 the New South Wales Court of Appeal held that said that a relocation of duties following a termination as a consequence of termination does not mean that a redundancy has occurred where the evidence has been that the termination was for perfo…
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HML v The Queen
[2008] HCA 16
Citation 3
(Para 303)
…[14] HML v R (2008) 235 CLR 334 at [303]…
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Foster's Group Ltd v Wing
[2005] VSCA 322
Citation 4
(Para 118)
…In Fosters v Wing [2005] VSCA 322 the Court of Appeal dealt with an appeal from a judgment in the County Court of Victoria in which the trial judge found that the plaintiff's employment with the defendant, Foster's Group Ltd ("Foster's"), had been terminated because his position as General Manager, Shanghai Foster…
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Clay v Clay
[2001] HCA 9
Citation 5
(Para 55)
…he factual contentions separately but also to form an appreciation of the overall effect of the whole of the evidence’ (Clay v Clay (1999) 20 WAR 427 (at [55])), by considering ‘the weight which is to be given to the united force of all the circumstances put together’ (Belhaven and Stenton Peerage [1875] 1 App Cas 2…
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Seltsam Pty Ltd v McGuiness
[2000] NSWCA 29
Citation 6
…Reliance on inference – the principle Proof of any fact on the balance of probabilities can be established by circumstantial evidence (Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 (at [90])); that is, by proof of primary, or intermediate, facts from which the court infers a further fact (Shepherd v The Queen (1990) 170 CLR 573 (a…
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Clay v Clay
[1999] WASCA 8
Citation 7
(Para 55)
…te each of the factual contentions separately but also to form an appreciation of the overall effect of the whole of the evidence’ (Clay v Clay (1999) 20 WAR 427 (at [55])), by considering ‘the weight which is to be given to the united force of all the circumstances put together’ (Belhaven and Stenton Peerage [1875]…
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Jones v Department of Energy and Minerals
[1995] IRCA 292
Citation 8
…6 (Cwlth). In a joint judgment, Spender, Dowsett and Allsop JJ referred to Adelaide Milk and continued: 34 We note also the observations of Ryan J in Jones v Department of Energy and Minerals (1995) 60 IR 304 at 308 as follows: However, it is within the employer's prerogative to rearrange the organisational structure by breaking up the collection…
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Quality Bakers of Australia Ltd v Goulding
[1995] IRCA 285
Citation 9
…by that person, his or her position becomes redundant in the sense in which the word was used in the Adelaide Milk Co-operative case. 35 Similarly in Quality Bakers of Australia Ltd v Goulding (1995) 60 IR 327, Beazley J said at 332-333: There was no dispute that the 'operational requirements' of a business may include redundancy. A redundancy wil…
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G v H
[1994] HCA 48
Citation 10
…[11]: G v H (1994) 181 CLR 387, at 390…
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Shepherd v The Queen
[1990] HCA 56
Citation 11
…000) 49 NSWLR 262 (at [90])); that is, by proof of primary, or intermediate, facts from which the court infers a further fact (Shepherd v The Queen (1990) 170 CLR 573 (at 579). The primary facts can themselves be the product of inference from other facts. The applicants and the ABCC submit that in this case, in which…
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Chamberlain v The Queen (No 2)
[1984] HCA 7
Citation 12
…pose of considering whether this test is met the Court must ‘consider the accumulation of the evidence’ (Chamberlain v The Queen (No 2) (1984) 153 CLR 521 (at 535)). It is appropriate ‘not only to evaluate each of the factual contentions separately but also to form an appreciation of the overall effect of the whole o…
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Finance Facilities Pty Ltd v Federal Commissioner of Taxation
[1971] HCA 12
Citation 13
…[13] Jones v Dunkel at 312 and Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 at 119…
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Jones v Dunkel
[1959] HCA 9
Citation 14
…ken into account as a circumstance in favour of drawing the inference’ that the unrepresented respondents had an industrial motivation (Jones v Dunkel (1959) 101 CLR 298 (at 312) and Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 (at 119)). The significance of this circumstance lies in…
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Jones v Dunkel
[1959] HCA 8
Citation 15
…[10] (1959) 101 CLR 298…
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May v O'Sullivan
[1955] HCA 38
Citation 16
…[1953] VLR 629 (at 634)) and makes ‘the inference … less unsafe than it could otherwise possibly appear’ (May v O’Sullivan (1955) 92 CLR 654 (at 658-659)) (b)The fact that the unrepresented respondents have not denied that they were industrially motivated, or given evidence in support of such a denial, may more rea…
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Insurance Commissioner v Joyce
[1948] HCA 17
Citation 17
…(a)It confirms any inferences that may properly be drawn against the unrepresented respondents (The Insurance Commissioner v Joyce (1948) 77 CLR 39 (at 61)), rendering more probable the inferences against them that are open on the evidence (Jones v Dunkel (at 312), Black v Tung [1953] VLR 629 (at 634)) and makes ‘…
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Zafiriou v Saint-Gobain Administration Pty Ltd
[2013] VSC 377
Citation 18
(Para 4)
…In Zafiriou v Saint-Gobain Administration Pty Ltd [2013] VSC 377, Emerton J said: “ The question for the court is not whether Mr Zafiriou's performance justified his dismissal, but whether Mr Chaur's concerns about Mr Zafiriou's performance were contrived in order to justify a performance-based termination. The q…
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Whittaker v Unisys Australia Pty Ltd
[2010] VSC 9
Citation 19
(Para 119)
…expressed by the Court of Appeal in Foster’s Group v Wing . His Honour reconciled the following propositions set out in Whittaker v Unisys Pty Ltd 26 VR 668 with the reasoning in Foster’s Group as follows:…