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Muto v Shepparton City Council
[2017] VSC 210
…s Court. (I note that the decision in that case has been handed down subsequent to the hearing before me: Milvan Frank Muto v Shepparton City Council [2017] VSC 210.).…
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Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd
[2015] HCA 37
…cts, are well-established. They were summarised by French CJ, Nettle and Gordon JJ in Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104 “ [46] The rights and liabilities of parties under a provision of a contract are determined objectively, by reference to its text, context (the entir…
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Hodgson v Amcor (No. 8)
[2012] VSC 162
…that such an order falls within Order 36.07 of the County Court Civil Procedure Rules 2008 (the slip rule). See James George Hodgson v Amcor Limited, [2012] VSC 162 where Vickery J said:…
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Aon Risk Services Australia Ltd v Australian National University
[2009] HCA 27
…cts and is unclear and it fails the tests required under the Civil Procedure Act and Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 principles in relation to an application to amend.…
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Minister for Immigration And Multicultural Affairs v Jia Legeng
[2001] HCA 17
…92 Actual bias is rarely alleged, and difficult to prove. Allegations must be “distinctly made and clearly proved”. Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, [69] (Gleeson CJ and Gummow J).…
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Ebner v Official Trustee in Bankruptcy
[2000] HCA 63
…91 The rule against bias is that “justice should be both done and be seen to be done”: Ebner v Official Trustee in Bankruptcy . (2000) 205 CLR 337, [6] (Gleeson CJ, McHugh, Gummow and Hayne JJ). The rule requires that the decision-maker is not actually biased in reaching their determination and there is no basis for a reasonable perception of bi…
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Kay v Attorney-General
[2000] VSCA 176
Para 27
…al proceeding” (and therefore not the continuation of a legal proceeding unless it is a step within the same court): Kay v The Attorney-General (2000) 2 VR 436 at [27], Chernov JA (with whom Ormiston and Batt JJA agreed). An appeal from the County Court gives rise to a separate legal proceeding in the Court of App…
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Johnson v Johnson
[2000] HCA 48
…on who came to court expecting a judge to remain, until the moment of pronouncement of judgment, as inscrutable as the Sphinx.” Johnson v Johnson [2000] HCA 48; 201 CLR 488, [13] (Gleeson CJ, Gaudron, McHugh, Gummow and Hayne JJ). (citations omitted)…
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Commonwealth v Verwayen
[1990] HCA 39
…in circumstances where departure from the assumption by [the Council] would be unconscionable.” ( Austotel Pty Ltd v Franklins Self-Serve Pty Ltd (1989) 16 NSWLR 582 at 610, Priestley JA, referring to the Judgment of Brennan J in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387).…
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Waltons Stores (interstate) Ltd v Maher
[1988] HCA 7
…ns Self-Serve Pty Ltd (1989) 16 NSWLR 582 at 610, Priestley JA, referring to the Judgment of Brennan J in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387).…
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R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group
[1969] HCA 10
…bias in relation to pre-judgement must be “firmly established”. R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546, 553-554; R v Watson; ex parte Armstrong (1976) 136 CLR, 262. A predisposition to a particular view is not necessarily pre-judgement. Minister for Immigr…
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Australian Woollen Mills Pty Ltd v The Commonwealth
[1954] HCA 20
…o give or do anything of value in order to receive its benefit. The Council provided gratuitous funding, analogous to a government subsidy such as in Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 per Dixon CJ, Williams, Webb, Fullagar and Kitto JJ. Mr Muto was given funding for legal representation that he otherwise would have had t…
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Wright Prospecting Pty Limited v Mount Bruce Mining Pty Limited
[2015] HCA 3714
…l principles applicable to the construction of commercial contracts, are well-established. They were summarised by French CJ, Nettle and Gordon JJ in Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104 “ [46] The rights and liabilities of parties under a provision of a contract are determined objectively, by reference to its text, contex…
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Misa v Currie
(1876) 1 App Cas 554
…is known as consideration. An essential element of consideration is that there must be some detriment to the promisee or benefit to the promisor: Currie v Misa (1875) LR 10 Ex 153 at 162. Mr Muto obtained a benefit from the Council as a result of the letter without having to give anything up or anything in return. The…
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Ltd v Maher
114 ER 851
…td v Franklins Self-Serve Pty Ltd (1989) 16 NSWLR 582 at 610, Priestley JA, referring to the Judgment of Brennan J in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387).…