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Statutory Material Cited
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Winter-Cooke v Winter-Cooke
[2022] VSCA 264
Citation 1
(Para 4)
…In Winter-Cooke v Winter-Cooke [2022] VSCA 264, the Court of Appeal considered the circumstances in which it might be appropriate to refuse an application to extend the time for bringing an application under Part IV of the Administration and Probate Act 1958 .…
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Timbercorp Finance Pty Ltd (In Liq) v Collins
[2016] VSCA 128
Citation 2
(Para 17)
…t should be said that it was unreasonable of the party not to have advanced that claim or defence” ( Timbercorp Finance Pty Ltd v Collins & Tomes [2016] VSCA 128 at [140]).…
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Clambake Pty Ltd v Tipperary Projects Pty Ltd [No 8]
[2011] WASC 27
Citation 3
(Para 5)
…In Whelan at [24], Davies J cited the observation of Corboy J in Rojanasaroj v Rachan (No 2) [2011] WASC 27 at [39] that, “the possibility that a party can be prevented [by application of the Anshun principle] from pursuing a claim in an action because the claim ought to have been made in an earlier proceeding th…
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Goldberg v Morrow
[2003] VSCA 127
Citation 4
(Para 4)
…In these circumstances, Mr Rollnik relied upon the decision of the Court of Appeal in Goldberg v Morrow [2003] VSCA 127 at paragraphs 12 and 13 where Ormiston JA (with whom Batt JA agreed), stated that it is a “well known … principle of practice … in the area of default judgments” that “the Court does not ordinari…
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Permanent Custodians v Petrovska
[2015] VSC 42
Citation 5
(Para 1)
…In Permanent Custodians v Petrovska [2015] VSC 42, Dixon J, at trial, made consent orders “for the plaintiff against the defendant” in accordance with terms of settlement reached by the parties (at [4]). Justice Dixon was then asked to make further orders in third party proceedings in which none of the three thi…
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Whelan Kartaway Pty Ltd v Mark Donnelly
[2012] VSC 45
Citation 6
(Para 16)
…ceeding has been determined by a decision of the court, but also where a previous proceeding has been resolved. In Whelan Kartaway Pty Ltd v Donnelly [2012] VSC 45 (“ Whelan ”), Davies J at [24] stated (citing authority) that, “There are a number of cases in which it has been held that Anshun estoppel may apply…