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Wolters v The University of the Sunshine Coast
[2013] QCA 228
Citation 1
…claim for aggravated damages have been delivered to the RSPCA. Reference is also made to the case of Wolters v The University of the Sunshine Coast [2013] QCA 228 (to which Mr Langslow later returned).…
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Tsueneaki v Stewart
[2013] ACTCA 34
Citation 2
…1] VSC 136. A list of relevant factors, being a summary of principles established in AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175, is included in that Judgment. These include such considerations as substantial delay, wasted costs, unfair prejudice and inconvenience, efficient ca…
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Colquhoun v Capitol Radiology Pty Ltd
[2013] VSCA 58
Citation 3
…Williams J in Multari v Amaca Pty Ltd [2014] VSC 277. In that case, her Honour also referred to the decision in Colquhoun v Capital Radiology Pty Ltd [2013] VSCA 58 in which the Court of Appeal stated that: “A person whose degree of impairment does not satisfy the threshold level has no right to sue for non-econo…
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Carter v Walker
[2010] VSCA 340
Citation 4
…aggravated damages are not available in negligence cases, reference is made to the decision of the Court of Appeal in Carter & Anor v Walker & Anor [2010] VSCA 340. That is a case concerning the behaviour of certain police officers, and in that and similar cases exemplary and aggravated damages were awarded. In re…
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Aon Risk Services Australia Ltd v Australian National University
[2009] HCA 27
Citation 5
…ery J in Namberry Craft Pty Ltd v Daniel Andrew Watson & Ors [2011] VSC 136. A list of relevant factors, being a summary of principles established in AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175, is included in that Judgment. These include such considerations as substantial delay, wasted costs, unfair prejudice and inconvenience,…
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Hynes v Hynes
[2007] VSCA 7
Citation 6
…r, the established law would seem to be that the requirements of s28LF need to be satisfied before the commencement of a proceeding. In Hynes v Hynes [2007] VSCA 7, Ashley JA stated that the obtaining of a relevant assessment in according with Part V of the Wrongs Act will ordinarily precede the commencement of…
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Agtrack (NT) Pty Ltd v Hatfield
[2005] HCA 38
Citation 7
…the same facts or substantially the same facts as the claims already pleaded. Reference was made to the decision in Agtrack (NT) Pty Ltd v Hatfield 7 VR 63. Accordingly, whilst reserving leave to the RSPCA to make further submissions after the proposed Amended Statement of Claim was seen in its final form,…
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Gray v Motor Accident Commission
[1998] HCA 70
Citation 8
…termined that aggravated and exemplary damages were available in a case effectively based upon domestic assaults. In Gray v Motor Accident Commission [1998] HCA 70, the High Court ordered exemplary damages in a case where a motorist had apparently deliberately run down a pedestrian. Whilst it was argued that thi…
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Lamb v Cotogno
[1987] HCA 47
Citation 9
…16 Reference is also made to the decision of the High Court of Australia in Lamb v Cotogno [1987] HCA 47. In that case, the High Court in turn referred to the decision in Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40, in which it was confirmed that, in actions for tort, exemplary damages may be awarded for co…
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Gould v Mount Oxide Mines Ltd (In Liq)
[1916] HCA 81
Citation 10
…ng is that the Court seeks to achieve justice between the parties. The pleadings are only a means to an end – see Gould v Mount Oxide Mines Limited [1916] HCA 81. The claims for aggravated and exemplary damages have been flagged to the RSPCA. Medical reports relating to the claim for aggravated damages have been…
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Giller v Procopets
[2008] VSCA 236
Citation 11
…17 In Giller v Procopets [2008] VSCA 236, the Court of Appeal determined that aggravated and exemplary damages were available in a case effectively based upon domestic assaults. In Gray v Motor Accident Commission [1998] HCA 70, the High Court ordered exemplary damages in a case where a motorist had apparently del…
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Murphy v Victoria
[2014] VSC 363
Citation 12
…45 In Murphy v State of Victoria & Anor [2014] VSC 363, Croft J discussed the difficulties relating to the splitting of a case. His Honour highlighted the fact that there may be a significant overlap between the evidence adduced on the hearing of the separate questions. If the amendments are allowed in the presen…
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Multari v Amaca Pty Ltd
[2014] VSC 277
Citation 13
…the Wrongs Act will ordinarily precede the commencement of a proceeding. Various authorities were considered by Williams J in Multari v Amaca Pty Ltd [2014] VSC 277. In that case, her Honour also referred to the decision in Colquhoun v Capital Radiology Pty Ltd [2013] VSCA 58 in which the Court of Appeal stated t…
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Amcor Ltd v Barnes
[2012] VSC 434
Citation 14
…43 Reliance is also placed upon the Judgment of Vickery J in Amcor Ltd & Ors v Trevor Mark Barnes & Ors [2012] VSC 434, where his Honour observed that the right to know the case sought to be made against a person is a fundamental right. It is a rule directed to the obligation to give a party a fair hearing and is…
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Matthews v SPI Electricity Pty Ltd (Ruling No 6)
[2012] VSC 70
Citation 15
…ticulars and evidence directed to it. Secondly, reference is made to what was said by J Forrest J in Matthews v SPI Electricity Pty Ltd (Ruling No 6) [2012] VSC 70. In relation to an application for leave to amend the pleadings, his Honour stated that:…
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Namberry Craft Pty Ltd v Watson
[2011] VSC 136
Citation 16
…40 In relation to late amendments, reliance is placed upon the Judgment of Vickery J in Namberry Craft Pty Ltd v Daniel Andrew Watson & Ors [2011] VSC 136. A list of relevant factors, being a summary of principles established in AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175,…