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I.H. Health Group Pty Ltd v Vernons

I.H. Health Group Pty Ltd v Vernons

Case [1999] VSC 365

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AGLC: I.H. Health Group Pty Ltd v Vernons [1999] VSC 365
Case: [1999] VSC 365
Decision Date: 30 September 1999

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I.H. Health Group Pty Ltd v Vernons [1999] VSC 365

Cases Citing This Decision

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Statutory Material Cited

Ainsworth v Criminal Justice Commission [1992] HCA 10
Citation 1

…own rules as to the manner of its exercise." Ormiston JA considered also the statement of the High Court in Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564, 581-2 per Mason CJ, Dawson, Toohey and Gaudron JJ: "It is now accepted that superior courts have inherent power to grant declarato…
University of New South Wales v Moorhouse [1975] HCA 26
Citation 2

…cal', if relief is 'claimed in relation to circumstances that [have] not occurred and might never happen' [ University of New South Wales v Moorhouse [1975] HCA 26; (1975) 133 C.L.R. 1 at 10] or if 'the Court's declaration will produce no foreseeable consequences for the parties' [ Gardner v Dairy Industry Autho…
Forster v Jododex Australia Pty Ltd [1972] HCA 61
Citation 3

…true opportunity to terminate what might otherwise be a hopeless claim." Ormiston JA considered the observation in Forster v Jododex Aust. Pty Ltd [1972] HCA 61; (1972) 127 CLR 421 of Gibbs J at 437: "It is neither possible nor desirable to fetter the broad discretion given by s.10 [to grant declaration] by lay…
General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69
Citation 4

…less (see Dey v Victorian Railways Commissioners [1949] HCA 1; (1948) 78 CLR 62, 91; General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125, 129-30). In addition, it is well established principle that the court has inherent jurisdiction to stop the abuse of its process w…
Dey v Victorian Railways Commissioners [1949] HCA 1
Citation 5

…hird defendant must satisfy the test of demonstrating that the plaintiffs' claim against it is hopeless (see Dey v Victorian Railways Commissioners [1949] HCA 1; (1948) 78 CLR 62, 91; General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125, 129-30). In addition, it is we…
In re Judiciary and Navigation Acts [1921] HCA 20
Citation 6

…be directed to the determination of legal controversies and not to answering abstract or hypothetical questions [ In Re Judiciary and Navigation Acts [1921] HCA 20; (1921) 29 C.L.R. 257]. The person seeking relief must have 'a real interest' [ Forster v Jododex at 437; Russian Commercial and Industrial Bank v Br…
Re Tooth & Co Ltd [1978] FCA 10
Citation 7

….' The circumstances that call for the making of a declaration are not present if there be no real controversy to be determined [ Re Tooth & Co. Ltd. [1978] FCA 10; (1978) 31 F.L.R. 314 at 331]. The characteristics of a controversy fit for determination by judicial declaration were stated by Viscount Dunedin in…

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