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Kinkead v Rositani

Kinkead v Rositani

Case [2021] VMC 9

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AGLC: Kinkead v Rositani [2021] VMC 9
Case: [2021] VMC 9
Decision Date: 11 August 2021

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Kinkead v Rositani [2021] VMC 9

Cases Citing This Decision

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Statutory Material Cited

Saric v Tehan [2011] VSCA 421
Citation 1 (Para 2)

…not anticipated the inexplicable and unreasonable delay in receiving a write-off payment after a straight-forward collision. [26] [1961] HCA 15 [27] [2011] VSCA 421…
Hardie Finance Corporation Pty Ltd v Ahern [No 3] [2010] WASC 403
Citation 2 (Para 1)

…ght otherwise have mitigated his or her damage’. [9] [8] Ibid at [23] [9] Ibid at [23] citing Hardie Finance Corporation Pty Ltd v Ahern [No 3] [2010] WASC 403 at [767], [770]…
Gould v Mount Oxide Mines Ltd (In Liq) [1916] HCA 81
Citation 3 (Para 3)

…pense (for which he would have to establish a need). [28] Ibid [29] See for example Gould v & Birbuck & Bacon v Mount Oxide Mines Ltd (in liq ) (1916) 22 CLR 490…
Fallon v Johnston [2018] VSC 273
Citation 4 (Para 1)

…at the cost of hiring a replacement vehicle, when needed, can represent the element of damages relating to loss of use of the damaged vehicle[5]. [3] [2018] VSC 273 at [19] onwards [4] Ibid at [22] [5] Ibid…
Portbury Development Co Pty Ltd v Ottedin Investments Pty Ltd [2014] VSC 57
Citation 5 (Para 1)

…nduct, so long as it was reasonable for the plaintiff to act in the way that he did[7]. [6] McGregor on Damages (18 th ed) at [7-019] [7] [2014] VSC 57 at [158]…
Thomas v Powercor Australia Ltd [2011] VSC 586
Citation 6 (Para 1)

…agne is applicable generally, and not merely as a rule in actions for damages for personal injuries.[22] [20] See Thomas v Powercor Australia Limited [2011] VSC 586 at [49] to [51] [21] (1991) 104 ALR 397. [22] Ibid at [421].…

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