XL Insurance Co SE v BNY Trust Company of Australia Limited
[2019] NSWCA 215
Citation 1
(Para 2)
…sarily included, that is, a presumption against redundancy or surplusage: XL Insurance Co SE v BNY Trust Company of Australia Limited [2019] NSWCA 215 (2 September 2019) [72]. Declaration [13]The plaintiffs have disclosed by paragraph 16 of their Submissions an intention to apply an admitted assumed liability payme…
In the matter of Pharmacy Depot Hurstville Pty Ltd (in prov liq)
[2018] NSWSC 961
Citation 2
(Para 3)
…held to: (a)include an application for a declaration concerning the identity of shareholders of the company: Re Pharmacy Depot Hurstville Pty Ltd [2018] NSWSC 961 at [17]- [18] (b)exclude an interlocutory application by the defendants in respect of costs against the company flowing from a dismissal for want of pros…
Rosebridge Nominees Pty Ltd v Commonwealth Bank of Australia [No 7]
[2016] WASC 329
Citation 3
(Para 3)
…om a dismissal for want of prosecution of proceedings brought by the company: Rosebridge Nominees Pty Ltd v Commonwealth Bank of Australia (No 7) [2016] WASC 329 at [33] (c)exclude an application for security for costs and an appeal from such a decision: BPM Pty Ltd v HPM Pty Ltd (1996) 131 FLR 339; (d)exclude an…
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd
[2015] HCA 37
Citation 4
(Para 2)
…would convey to a reasonable businessperson in the position of the parties. In Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104, French CJ, Nettle and Gordon JJ said: The rights and liabilities of parties under a provision of a contract are determined objectively, by reference to its text,…
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158
Citation 5
(Para 6)
…to consider if the defendants have a ‘real’ as opposed to a fanciful chance of success: see Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd (2013) 42 VR 27 at [27, 29]…
Merrell Associates Ltd v HL (Qld) Nominees Pty Ltd
[2010] SASC 155
Citation 6
(Para 2)
…to indemnify the plaintiffs in relation to the beneficiary prosecuting its claim. [11]In Merrell Associates Ltd v HL (Qld) Nominees Pty Ltd [2010] SASC 155, Gray J (with whom Nyland and Vanstone JJ agreed) said at [61] that the decision in Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107…
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd
[1988] HCA 44
Citation 7
(Para 2)
…Gray J (with whom Nyland and Vanstone JJ agreed) said at [61] that the decision in Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107 “provides that the privity of contract rule may be qualified in circumstances such as those of the within proceeding where the intention of the parties was cle…
Fitzgerald v Masters
[1956] HCA 53
Citation 8
(Para 2)
…er Mason CJ. This is consistent with paragraphs 6, 7, 8 and 9 above; (3)the terms must be construed as a whole. In Fitzgerald v Masters (1956) 95 CLR 420 at 437, McTiernan, Webb and Taylor JJ explained the principle as follows: It is trite law that an instrument must be construed as a whole. Indeed it is the only me…
Austrack Infrastructure Development Pty Ltd v Sharvine Pty Ltd (No. 7)
[2012] VSC 267
Citation 9
(Para 3)
…for dismissal following failure to pay security and for want of prosecution: Austrak Infrastructure Development Pty Ltd v Sharvine Pty Ltd (No 7) [2012] VSC 267. … [18]The cases referred to above focus on what is “ a proceeding against the company ”, and not on the second limb of s 471B (1)(a), namely “ a proceed…
Roseville Estate Pty Ltd v Bouris
[2006] VSC 49
Citation 10
(Para 2)
…entitled to relief in such a case as this, though not counterclaiming for equitable relief. [15]In Roseville Estate Pty Ltd v Bouris [2006] VSC 49 (23 February 2006), and where declarations were not sought by the defendants by counterclaim [3], Hansen J said at [200]: … the defendant has established her case ba…