Budimir v McMahon
[2000] FCA 1312
Citation 1
(Para 4)
…relies upon a number of authorities in support of his submissions, but none of them are directly on the point. In Marshall v D G Sundin & Co Pty Ltd (1989) 16 NSWLR 463, the plaintiff, Mr Marshall, died at about 8:40 am on 3 June 1988. On the same day, at about 9:30 am, his solicitor, being unaware of his death, file…
Bridge Shipping Pty Ltd v Grand Shipping SA
[1991] HCA 45
Citation 2
(Para 1)
…The court’s power to amend was considered by the High Court in Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231. The appellant in that case sought to amend a third party notice in relation to damage to goods sustained through their carriage by sea. The appellant had issued the third party notice against…
Corin v Patton
[1990] HCA 12
Citation 3
(Para 5)
…In Darrington v Caldbeck (1990) 20 NSWLR 212, the decision in Marshall v D G Sundin & Co Pty Ltd was followed. Proceedings in that case had been commenced under s 66G of the Conveyancing Act 1919 by the plaintiffs, being executors by representation of the estate of a deceased registered proprietor, to whom probate had…
Mount Isa Mines Ltd v Pusey
[1970] HCA 60
Citation 4
(Para 5)
…McGee v Yeomans [1977] 1 NSWLR 273 is the leading authority on the application of Pt 20, r 4 of the Supreme Court Rules . It dealt with an appeal by the plaintiff in an action for damages for negligence, to allow the amendment of a statement of claim at a time when the bringing of new proceedings based upon th…
Sophron v The Nominal Defendant
[1957] HCA 27
Citation 5
(Para 5)
…ble by judicial decision to establish in advance categories of amendments which it would be just or unjust to allow: cf. Sophron v. Nominal Defendant (1957) 96 CLR 469 at 475. The discretion, having been set free, should not again be confined by rigid technicalities. The Court hearing the application will necessaril…
Brebner v Bruce
[1950] HCA 36
Citation 6
(Para 1)
…h allows prosecutions to be instituted by an inspector or an “ authorised officer ” (citing Bedingfeld v Keogh (1912) 13 CLR 601; Brebner v Bruce (1950) 82 CLR 161). There is no evidence, however, that the defendant was confused as to the party prosecuting him. According to McGee v Yeomans , the mistake must have be…
Bedingfeld v Keogh
[1912] HCA 13
Citation 7
(Para 1)
…he Criminal Procedure Act 1986 which allows prosecutions to be instituted by an inspector or an “ authorised officer ” (citing Bedingfeld v Keogh (1912) 13 CLR 601; Brebner v Bruce (1950) 82 CLR 161). There is no evidence, however, that the defendant was confused as to the party prosecuting him. According to McGee v…
Brownlie v State Pollution Control Commission (New South Wales)
[1991] HCATrans 329
Citation 8
(Para 2)
…nd/or under Pt 20, r 1 of the Supreme Court Rules 1970 which apply in this Court. Reference was made to Brownlie v State Pollution Control Commission (1992) 27 NSWLR 78, Burrell v Jacenko (1998) 99 LGERA 173; and Environment Protection Authority v CSR Ltd (2001) 114 LGERA 217.…
Duke Investments Trust Pty Ltd v Leichhardt Municipal Council
[2000] NSWLEC 14
Citation 9
(Para 3)
…Duke Investments Trust Pty Ltd v Leichhardt Municipal Council [2000] NSWLEC 14 was another case which dealt with an application to amend the name of the applicant under Pt 10 of the Land and Environment Court Rules . The misnaming occurred originally on the development application and was carried forward into the a…
Burrell v Jacenko
[1998] NSWLEC 38
Citation 10
(Para 2)
…1 of the Supreme Court Rules 1970 which apply in this Court. Reference was made to Brownlie v State Pollution Control Commission (1992) 27 NSWLR 78, Burrell v Jacenko (1998) 99 LGERA 173; and Environment Protection Authority v CSR Ltd (2001) 114 LGERA 217.…