Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158
Citation 1
…that such a prospect is “ fanciful ” (see Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158). 17 In Structx , Vickery J expressed his conclusion, partly, in terms of him not being satisfied on the available evidence that the precondition for the application of the Act was present. In the curren…
Webster v Lampard
[1993] HCA 57
Citation 2
…21 The task is not simple. In Webster v Lampard (1993) 177 CLR 598, the High Court considered the question of the onus of proof in relation to section 138 of the Police Act 1892 (WA), as it incorporated paragraph H of the Second Schedule to the Interpretation Act 1918 (WA). Section 138 provided as follows: “ No actio…
Hope v Bathurst City Council
[1980] HCA 16
Citation 3
…basis ”. In reaching this conclusion, Vickery J relied upon the decision of the High Court in Hope v Bathurst City Council (1980) 144 CLR 1 and a decision of McLelland J in the Supreme Court of New South Wales in National Management Services v Commonwealth (1993) 9 BCL 190, 14 Vickery J noted at paragraph 35 that…
Director of Housing v Structx Pty Ltd T/As Bizibuilders
[2011] VSC 410
Citation 4
…t “ in the business of building residences ” in the terms of section 7(2)(b) of the Act – Director of Housing v Structx Pty Ltd [2011] VSC 410 applied.…