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Beba Enterprises Pty Ltd v Gadens Lawyers
[2013] VSCA 136
Para 3
…An appeal of Emerton J’s decision was dismissed in Beba Enterprises Pty Ltd v Gadens Lawyers [2013] VSCA 136. The Court of Appeal – Ashley JA, with Redlich and Priest JJA agreeing – stated at [56] that the accuracy of the above principles was not in dispute.…
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Gadens Lawyers v Beba Enterprises Pty Ltd
[2012] VSC 519
Para 2
…In Gadens Lawyers v Beba Enterprises Pty Ltd [2012] VSC 519, Emerton J summarised the principles of an accord and satisfaction, by reference to the reasons of McColl JA in El-Mir v Risk [2005] NSWCA 215. Her Honour stated at [35]: (a) The essence of accord and satisfaction is the acceptance of something in place…
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El-Mir v Risk
[2005] NSWCA 215
Para 2
…Pty Ltd [2012] VSC 519, Emerton J summarised the principles of an accord and satisfaction, by reference to the reasons of McColl JA in El-Mir v Risk [2005] NSWCA 215. Her Honour stated at [35]: (a) The essence of accord and satisfaction is the acceptance of something in place of a cause of action; the accord is th…
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Gibson Motor Sport Merchandise Pty Ltd v Forbes
[2005] FCA 749
Para 1
…Crennan J stated in Gibson Motor Sport Merchandise Pty Ltd & Ors v Robert James Forbes & Ors [2005] FCA 749 at [80] that the ‘recognisable and common characteristics of joint ventures’ include: (1)participants hold proprietary interests in the assets of the joint undertaking, often, but not necessarily, as tenant…
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Watson v Foxman
[1995] NSWCA 497
Para 3
…As McLelland CJ observed in Watson v Foxman (1995) 49 NSWLR 315 at 319: … human memory of what was said in a conversation is fallible for a variety of reasons, and ordinarily the degree of fallibility increases with the passage of time, particularly where disputes or litigation intervene, and the process of memory are…
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United Dominions Corporation Ltd v Brian Pty Ltd
[1985] HCA 49
Para 9
…In United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 the majority, Mason, Brennan and Deane JJ at 10, spoke of the difficulty of defining the term joint venture, due in part to the variety of arrangements for which the term is used:…
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Dare v Pulham
[1982] HCA 70
Para 13
…In Dare v Pulham (1982) 148 CLR 658, the High Court allowed a deviation from the particulars pleaded of a statement of claim. The case involved a personal injury claim and, under Order 19 rule 5A of the relevant Supreme Court rules, the plaintiff was required to give particulars of any loss of earnings and loss of ea…
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Mummery v Irvings Pty Ltd
[1956] HCA 45
Para 14
…itle a party to a verdict based upon the evidence. Particulars may be amended after the evidence in a trial has closed ( Mummery v. Irvings Pty. Ltd. (1956) 96 CLR 99, at pp 111, 112, 127 ), though a failure to amend particulars to accord precisely with the facts which have emerged in the course of evidence does no…
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Miller v Cameron
[1936] HCA 13
Para 14
…ssues for decision in the litigation and thereby enable the relevance and admissibility of evidence to be determined at the trial ( Miller v. Cameron (1936) 54 CLR 572, at pp 576-577; and they give a defendant an understanding of a plaintiff's claim in aid of the defendant's right to make a payment into court. Apart…
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Gould v Mount Oxide Mines Ltd (In Liq)
[1916] HCA 81
Para 14
…the case sufficiently clear to allow the other party a fair opportunity to meet it ( Gould and Birbeck and Bacon v. Mount Oxide Mines Ltd. (In liq.) (1916) 22 CLR 490, at p 517; they define the issues for decision in the litigation and thereby enable the relevance and admissibility of evidence to be determined at t…
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25 Ind App 195
25 Ind App 195
Para 14
…party must be founded on the pleadings ( Gould and Birbeck and Bacon (1916) 22 CLR, at pp 517, 518; Sri Mahant Govind Rao v. Sita Ram Kesho (1898) LR 25 Ind App 195, at p 207 ). But where there is no departure during the trial from the pleaded cause of action, a disconformity between the evidence and particulars…
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Day v McLea
(1889) 22 QBD 610
Para 4
…As stated by Bowen LJ in Day v McLea (1889) 22 QBD 610: If accord is a question of agreement, there must be either two minds agreeing or one of the two persons acting in such a way as to induce the other to think that the money is taken in satisfaction of the claim, and to cause him to act upon that view. In either…
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Sri Mahant Govind Rao v Sita Ram Kesho
(1898) 25 Ind App 195
Para 14
…On the issue of the binding force of pleadings the High Court said at 664: Pleadings and particulars have a number of functions: they furnish a statement of the case sufficiently clear to allow the other party a fair opportunity to meet it ( Gould and Birbeck and Bacon v. Mount Oxide Mines Ltd. (In …