Western Export Services Inc v Jireh International Pty Ltd
[2011] HCA 45
Citation 1
(Para 1)
…ely quelled. That comment with the passage of time has proved to be ambitious. In Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 the High Court refused an application for special leave to appeal from the New South Wales Court of Appeal. The trial judge had considered the literal meaning…
MBF Investments Pty Ltd v Nolan
[2011] VSCA 114
Citation 2
(Para 1)
…ent decisions suggested an inclination to perhaps to relegate the significance of “ambiguity” For example, in MBF Investments Pty Ltd v Nolan [2011] VSCA 114 at [195] – [204] Neave, Redlich and Weinberg JJA at [197] referred to a " lively debate " that had endured years over of when a court could have regard to ci…
Royal Botanic Gardens and Domain Trust v South Sydney City Council
[2002] HCA 5
Citation 3
…lfa, as binding authority, was made clear in the joint reasons of five Justices in Royal Botanic Gardens and Domain Trust v South Sydney City Council [2002] HCA 5; (2002) 240 CLR 45 at 62-63 [39] and it should not have been necessary to reiterate the point here.…
Russell Arthur Pearson v Aboriginal Housing Advisory Service Incorporated
[1995] IRCA 686
Citation 4
…102.In Siagian v Sanel Pty Ltd (1994) 122 ALR 333, Wilcox CJ traversed a good deal of case law on the question of the effect of the provision of notice in its various guises as a mechanism to identify the point in time that employment ends. His Honour distilled a number of the principles in the following terms at p 3…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales
[1982] HCA 24
Citation 5
(Para 1)
…The defence mounted by Pathology One relies on the implication of a term. In Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 at 352, Sir Anthony Mason (with whom Stephen and Wilson JJ agreed upon the issue of ad hoc implied terms) stated his now famous " true rule " governing the admissio…
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 6
…9(a)…To imply such term would fly in the face of the express provisions of the agreement [ BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 at 283 cited]. It follows that for the Bureau to terminate the contract of employment under cl9 (b) without first giving the notice stipulated in clause…
Sanders v Snell ( S142-97) App
[1998] HCATrans 250
Citation 7
…submitted that the consequence in law of a breach of contract such as is pleaded are well expressed by reference to the decision of the High Court in Sanders v Snell (1998) 196 CLR 329. At page 337 the Court had this to say:…
Snell v Sanders
[2000] NFSC 5
Citation 8
…he consequence in law of a breach of contract such as is pleaded are well expressed by reference to the decision of the High Court in Sanders v Snell (1998) 196 CLR 329. At page 337 the Court had this to say:…