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Tomlinson v Ramsey Food Processing Pty Ltd
[2015] HCA 28
Citation 1
…es not affect the operations of ... the law relating to res judicata or issue estoppel ”. 81In Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 323 ALR 1, the High Court considered whether a worker [Mr Tomlinson], claiming damages for personal injuries sustained in a workplace accident against a…
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Daunt v Daunt
[2015] VSCA 58
Citation 2
…ermination of some other body ” in the earlier proceeding. In this regard, he submitted that the decision of the Court of Appeal in Daunt v Daunt [2015] VSCA 58 (“Daunt”) was distinguishable. 32In Daunt , a finding by VCAT upon an application pursuant to the Guardianship and Administration Act 1986, that it was “…
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Canty v PaperlinX Australia Pty Ltd
[2014] NSWCA 309
Citation 3
…y of the principal debtor ”. This statement was adopted by the New South Wales Court of Appeal in Canty v PaperlinX Australia Pty Ltd [2014] NSWCA 309 at paragraph 39. However, the principle has little application to the present task.…
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Muto v Secretary to the Department of Planning and Community Development
[2013] VSCA 85
Citation 4
…appeal from the decision in the first VCAT proceeding was determined on 12 April 2013 – Muto v Department of Planning and Community Development [2013] VSCA 85. Apart from a minor aspect of the orders made by Ross J, the appeal was rejected. 17The second VCAT proceeding and the third VCAT proceeding were heard tog…
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Kermani v Westpac Banking Corporation
[2012] VSCA 42
Citation 5
…he Registrar of Titles) in the first proceeding. 87In Kermani v Westpac Banking Corporation [2012] VSCA 42, Robson AJA, with whom the other members of the Court of Appeal agreed, listed in paragraph 97 the principles to be applied when considering whether a proceeding should be stayed as an abuse of process, incl…
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Solak v Registrar of Titles
[2011] VSCA 279
Citation 6
…is not bound by estoppel ”. 86Counsel also referred to the decisions of Solak v Registration of Titles [2011] VSCA 279; (2011) 33 VR 40, and Redowood Pty Ltd v Link Market Services Pty Ltd [2007] NSWCA 286. These were cases where appeal courts had considered the applicable principles of Anshun estoppel where the…
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Redowood Pty Ltd v Link Market Services Pty Ltd
[2007] NSWCA 286
Citation 7
…tration of Titles [2011] VSCA 279; (2011) 33 VR 40, and Redowood Pty Ltd v Link Market Services Pty Ltd [2007] NSWCA 286. These were cases where appeal courts had considered the applicable principles of Anshun estoppel where the parties in the earlier and later proceedings were different. In the Victorian decision,…
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Bankstown City Council v Alamdo Holdings Pty Ltd
[2005] HCA 46
Citation 8
…Ltd (2005) 223 CLR 660; [2005] HCA 46 (“ Bankstown ”), the High Court considered the meaning of “ good faith ” in section 733(1) of the Local Government Act 1993 (NSW). By section 733(1), “ a council does not incur any liability in respect of : a. any advice furnished in good faith by the council relating to [th…
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Ainsworth v Burden
[2005] NSWCA 174
Citation 9
…a Court were found to: a.be persuasive in establishing that allegations by a party in a later proceeding were false ( Ainsworth v Burden [2005] NSWCA 174 at paragraph 109); b.establish that there were reasonable grounds for finding proved allegations of the existence of fraud in a later proceeding ( Talacko v Tala…
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Bropho v Human Rights and Equal Opportunity Commission
[2002] FCA 1510
Citation 10
…y function or power ”. 72In regard to the phrase “ good faith ”, as French J said in Bropho v Hreoc (2004) 204 ALR 761 at paragraph 84, the term “ has been described as ‘protean’ in character with ‘long standard usage in a variety of statutory and …common law contexts’…A search of Commonwealth statues discloses 154 A…
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State of Victoria v Horvath
[2002] VSCA 177
Citation 11
…ty for protection against which section 733(1) was required by the Council ”. 58In State of Victoria v Horvath (2002) 6 VR 326; [2002] VSCA 177 (“ Horvath ”), the Court of Appeal construed section 123 of the Police Regulation Act 1958 . The section provided as follows: “ (1) A member of the force…is not personally…
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Webster v Lampard
[1993] HCA 57
Citation 12
…y good faith exists. And the Act, be it noted, makes no provision of its own for compensation ”. 47In Webster v Lampard (1993) 177 CLR 598 (“ Webster ”), the High Court considered section 47A of the Limitation Act 1935 (WA) which provided that “ no action shall be brought against any person…for any act done in pursua…
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Board of Fire Commissioners (NSW) v Ardouin
[1961] HCA 71
Citation 13
…the particular statute is critical in determining the scope of the protection offered. 44In Board of Fire Commissioners of New South Wales v Ardouin (1961) 109 CLR 105 (“ Ardouin ”) the High Court held that the Board was not protected from an action in negligence arising when a motor cycle was struck by a fire truck…
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Bropho v HREOC & Anor
[2005] HCATrans 9
Citation 14
…exercise of any function or power ”. 72In regard to the phrase “ good faith ”, as French J said in Bropho v Hreoc (2004) 204 ALR 761 at paragraph 84, the term “ has been described as ‘protean’ in character with ‘long standard usage in a variety of statutory and …common law contexts’…A search of Commonwealth statues dis…
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Mid Density Developments Pty Ltd v Rockdale Municipal Council
[1993] FCA 590
Citation 15
…lopments Pty Ltd v Rockdale Municipal Council (1993) 44 FCR 290 (“ Mid Density ”), the Full Federal Court considered section 582A of the Local Government Act 1919 (NSW) which provided that, “ A council shall not incur any liability in respect of any advice provided in good faith ”, and other legislation in similar t…
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Talacko v Talacko
[2014] VSC 328
Citation 16
…ish that there were reasonable grounds for finding proved allegations of the existence of fraud in a later proceeding ( Talacko v Talacko [2014] VSC 328 per Elliot J at paragraph 75).…