Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158
Citation 1
…at is the situation in the present case. Reference is made to the general principles set out in Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158.…
Commonwealth v Verwayen
[1990] HCA 39
Citation 2
…another. It has no choice in relation to the policy. If the terms are met, it has to pay up. What occurred in The Commonwealth v Verwayen [1990] 170 CLR 394 was a choice between rights and not between different ways of discharging an obligation. By referring in general terms in correspondence to the plaintiff…
Waltons Stores (interstate) Ltd v Maher
[1988] HCA 7
Citation 3
…e of reasonableness must be considered. In relation to these principles, reference is made to the decision in Waltons Stores (interstate) Ltd v Maher (1988) 164 CLR 387.…
Sargent v ASL Developments Ltd
[1974] HCA 40
Citation 4
…16 In relation to the doctrine of election, reference is made to the principles set out in Sargent v ASL Developments Ltd (1974) 131 CLR 634. There must be an element of knowledge on the part of the elector and words or conduct sufficient to amount to the making of an election as between the two inconsistent rights w…
Deputy Commissioner of Taxation (Cth) v Bourke
[2018] VSC 380
Citation 5
…ed according to the circumstances of each case – see, for example, the discussion in Deputy Commissioner of Taxation and Anor v Bourke and Anor [2018] VSC 380 and Khouri v Khoury [2018] VSC 305. The provisions of Order 22 of the County Court Civil Procedure Rules have to be examined and applied in a manner which…
Khouri v Khoury
[2018] VSC 305
Citation 6
…f each case – see, for example, the discussion in Deputy Commissioner of Taxation and Anor v Bourke and Anor [2018] VSC 380 and Khouri v Khoury [2018] VSC 305. The provisions of Order 22 of the County Court Civil Procedure Rules have to be examined and applied in a manner which takes into account the over-arching…