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Statutory Material Cited
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Dimos v Willetts
[2000] VSCA 154
Citation 1
…perty with a constructive trust. In the latter case the court is saying, really, that one has wrongfully kept the other out of his property.[31] [30] (2000) 2 VR 170 [31] [2005] VSC 191 at [13] 80 Applying similar principles, as His Honour applies[32] to the present case - which case is concerned with moneys owing…
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Commonwealth v Verwayen
[1990] HCA 39
Citation 2
…[24] And see Commonwealth v Verwayen (1990) 170 CLR 394 61 In terms of waiver, which is regarded as a form of election, detriment is not necessary. However there must be some express election which requires knowledge of the right waived or the rights which give rise to the right.[25] [25] Craine v Colonial Mutual Fir…
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Deaves v CML Fire and General Insurance Co Ltd
[1979] HCA 12
Citation 3
…which give rise to the right.[25] [25] Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 29 CLR 305; Deaves v CML Fire & General Insurance Co Ltd (1979) 143 CLR 24 62 In this case, for reasons already given, there was no express election made as alleged. Rather the evidence of Mrs Draffen, which I accept, was th…
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Jones v Dunkel
[1959] HCA 9
Citation 4
…ants to call Mr Rooney I am entitled to, and do find that his evidence would not have assisted the defendants’ case.[21] [21] Jones v Dunkel (1959) 101 CLR 298 53 I therefore reject the suggestion that Mrs Draffen promised to destroy the agreement as alleged. 54 The defendants however also alleged there was an estoppel…
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Jones v Dunkel
[1959] HCA 8
Citation 5
…Rooney I am entitled to, and do find that his evidence would not have assisted the defendants’ case.[21] [21] Jones v Dunkel (1959) 101 CLR 298 53 I therefore reject the suggestion that Mrs Draffen promised to destroy the agreement as alleged. 54 The defendants however also alleged there was an estoppel and/ or waiv…
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Craine v Colonial Mutual Fire Insurance Co Ltd
[1920] HCA 64
Citation 6
…essary. However there must be some express election which requires knowledge of the right waived or the rights which give rise to the right.[25] [25] Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 29 CLR 305; Deaves v CML Fire & General Insurance Co Ltd (1979) 143 CLR 24 62 In this case, for reasons already given, there was no express election…
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Anchen v Mendes da Costa
[2005] VSC 191
Citation 7
…is Honour applied s58 so as to award interest on an amount found to be held by the defendant on a constructive trust in favour of the plaintiff. [29] [2005] VSC 191 79 His Honour referred to the case of Dimos v Willetts & Anor[30] which was said to be authority for the proposition that ordinarily a beneficiary is…