-
Balanced Securities Ltd v Dumayne Property Group Pty Ltd
[2017] VSCA 61
Citation 1
(Para 128)
…es Ltd v Dumayne Property Group Pty Ltd [2017] VSCA 61 at [128]. A similar approach was taken by the New South Wales Court of Appeal in Etlis v New Age Constructions (NSW) Pty Ltd [2005] NSWCA 165 at [39]. 292In my view, and consistent with authority in Victoria and with Mannai , the termination notice served by…
-
Hart Security Australia Pty Ltd v Boucousis
[2016] NSWCA 307
Citation 2
…laimed to have been lost]. That question is decided on the balance of probabilities ” ( Hart Security Australia Pty Ltd v Boucousis [2016] NSWCA 307 (“ Hart Security ”) per Meagher JA, (with whom Bathurst CJ and Beazley P agreed) at paragraph 131; c. “the applicant must prove…that he or she had sustained some loss…
-
Salta Constructions Pty Ltd v St George Bank
[2014] VSCA 289
Citation 3
(Para 28)
…Constructions Pty Ltd v St George Bank [2014] VSCA 289 at [28] and Balanced Securities Ltd v Dumayne Property Group Pty Ltd [2017] VSCA 61 at [128]. A similar approach was taken by the New South Wales Court of Appeal in Etlis v New Age Constructions (NSW) Pty Ltd [2005] NSWCA 165 at [39]. 292In my view, and consi…
-
Burbank Trading Pty Ltd v Allmere Pty Ltd
[2009] VSCA 82
Citation 4
(Para 82)
…rbank Trading Pty Ltd v Allmere Pty Ltd [2009] VSCA 82 at [82], Salta Constructions Pty Ltd v St George Bank [2014] VSCA 289 at [28] and Balanced Securities Ltd v Dumayne Property Group Pty Ltd [2017] VSCA 61 at [128]. A similar approach was taken by the New South Wales Court of Appeal in Etlis v New Age Construc…
-
Master Education Services Pty Ltd v Ketchell
[2008] HCA 38
Citation 5
…78In Master Education Services Pty Ltd v Ketchell [2008] HCA 38 (“ Ketchell ”), the High Court considered the question of whether contravention of the Franchising Code of Conduct, and section 51AD of the Trade Practices Act 1974 (Cth), resulted in illegality and unenforceability of the franchise agreement. 79The…
-
Etlis v New Age Constructions (NSW) Pty Ltd
[2005] NSWCA 165
Citation 6
(Para 39)
…s v New Age Constructions (NSW) Pty Ltd [2005] NSWCA 165 at [39]. 292In my view, and consistent with authority in Victoria and with Mannai , the termination notice served by Just Cuts on 5 January 2016 was clearly ineffective. The authorities reinforce the primacy of the parties’ bargain, construed in accordance wi…
-
MLW Technology Pty Ltd v May
[2005] VSCA 29
Citation 7
…remedy breaches – 21 days given, although extended to 30 in subsequent letter – Validity of breach notice – MLW Technology Pty Ltd v. May [2005] VSCA 29 and Mannai Investment Ltd v Eagle Star Assurance [1997] UKHL 19; [1997] AC 749 applied.…
-
Greydae Pty Ltd v Malilane Pty Ltd
[2003] VSCA 27
Citation 8
(Para 30)
…nty as to the meaning of the notice ”. 281This approach was reaffirmed by the Court of Appeal in Greydae Pty Ltd v Malilane Pty Ltd [2003] VSCA 27 (“ Greydae ”) at [30] and [31]. After quoting the same passage from Brooking J’s judgment in Catley , the Court of Appeal (Winneke P, Charles and Eames JJA) at [31] ex…
-
Royal Botanic Gardens and Domain Trust v South Sydney City Council
[2002] HCA 5
Citation 9
(Para 48)
…aling with the construction of a lease. 302Lord Steyn, in Mannai at page 772 reframed the question for determination as follows; “ The question is not whether 12 January can mean 13 January: it self-evidently cannot. The real question is a different one: Does the notice construed against its contextual setting…
-
Sellars v Adelaide Petroleum NL
[1994] HCA 4
Citation 10
…ed by reason of breach of contract, tort or contravention of s. 52(1) [of the Trade Practices Act 1974 ]” ( Sellars v Adelaide Petroleum NL (1994) 179 CLR 332 (“ Sellars ”) at 355 per Mason CJ, Dawson, Toohey and Gaudron JJ; b.“ the initial question is whether the breach of contract, negligence or breach of statutory…
-
Malec v JC Hutton Pty Ltd
[1990] HCA 20
Citation 11
…damages to reflect the degree of probability ” ( Malec v J.C. Hutton Pty Ltd (1990) 169 CLR 638 at 643 per Deane, Gaudron and McHugh JJ, quoted in Sellars at page 350.…
-
Malec v J.C. Hutton Pty Ltd
[1990] HCATrans 116
Citation 12
…ur, and adjusts its award of damages to reflect the degree of probability ” ( Malec v J.C. Hutton Pty Ltd (1990) 169 CLR 638 at 643 per Deane, Gaudron and McHugh JJ, quoted in Sellars at page 350.…
-
Apple and Pear Australia Ltd v Pink Lady America LLC
[2015] VSC 617
Citation 13
…South Wales Court of Appeal) and of Croft J in Apple and Pear Australia Ltd v Pink Lady America LLC [2015] VSC 617. 95However, in the present case, there is no reliable evidence that Mrs Heaney became aware of the terms of the “ usual form ” of franchise agreement in November/December 2010. This did not happen un…
-
U108 Pty Ltd v SING Fan & Ors
[2010] VSC 12
Citation 14
…where the purchaser failed to complete on the due date. The vendor served a rescission notice which specified the incorrect due date. A second notice was served which specified the correct due date. However, the second notice was served with a letter asserting that the due date specified in the first rescission…
-
Mannai Investment Co Ltd v. Eagle Star Assurance
[1997] UKHL 19
Citation 15
…equent letter – Validity of breach notice – MLW Technology Pty Ltd v. May [2005] VSCA 29 and Mannai Investment Ltd v Eagle Star Assurance [1997] UKHL 19; [1997] AC 749 applied.…