McKenzie v Healthscope Operations Pty Ltd
[2020] VSC 217
Citation 1
(Para 1)
…a Pty Ltd and Turner v Clinical Laboratories Pty Ltd .[4] His Honour considered these authorities to be distinguishable.[5] [4] Fuat v OneSteel Ltd [2010] VCC 584 (‘ Fuat ’); Filipovski v Tandem Australia Pty Ltd [2016] VMC 3 (‘ Filipovski ’); Turner v Clinical Laboratories Pty Ltd [2016] VMC 9 (‘ Turner ’). [5]H…
Derks v CSR Virdian Ltd
[2019] VMC 6
Citation 2
…s regard. Those documents include Fuat v OneSteel [2010] VCC 584, Turner v Clinical Labs [2016] VMC 9, Breen v VWA [2012] VMC 21, Bucic v Arnej [2014] VMC 17, Zubic v PPG [2016] VMC 10, Bunney v Ryan Moves (MCV, Magistrate Saines, del. 5 April 2013) and Ozbilgi v Bradnams [2011] VSCA 210. 49In Ozbilgi the discuss…
Filipovski v Tandem Australia Pty Ltd
[2016] VMC 3
Citation 4
…27 As for accord and satisfaction, she referred to two County Court decisions, Fuat v Onesteel Limited [2010] VCC 584 (per Judge Bowman) and Warren v Jennifer A Yates Pty Ltd [2006] VCC 1780 (per Judge Dyett). Both judges determined that the defence of accord and satisfaction could only relate to the period in re…
Bucic v Arnej
[2014] VMC 17
Citation 5
…el. 26 October 2006). 40.County Court decisions referred to by Counsel include Fuat v.Onesteel ([2010] VCC 584, per Judge Bowman) and Warren v. Yates ([2006] VCC 1780, per Judge Dyett). The Supreme Court decisions referred to were Derks v. R & J Fibreglass ([2009] VSC 601), AMP v. Chalkley ([1998] VSC 290 and Ozb…
Lloyd v PFD Food Services (Melb) Pty Ltd
[2016] VCC 1863
Citation 6
…101 There are marked differences between the situation in the present case and that in Fuat v One Steel Ltd [2010] VCC 584. In the present case, there is no evidence of a deterioration in the plaintiff’s condition or any incapacity flowing from it. In the present case, there has been no change which would entitle…