Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd
[2016] HCA 26
Citation 1
…td v Maher (1998) 165 387 and Ms Neskovsin referred to later decisions including Crown v Cosmopolitan (2016) 333 ALR 384 (“ Crown ”). In Crown , Nettle J at [217] said that “ equity will not permit an unjust or unconscionable departure by a party from an assumption or exception of law or fact, present or future, whic…
Southage Pty Ltd v Vescovi
[2015] VSCA 117
Citation 2
…nancial Services v Hills Industries Ltd (2014) 253 CLR 560 ( “Hills Industries ”), at paragraph 157 per Gageler J, and Southage Pty Ltd v Vescovi [2015] VSCA 117, at paragraphs 64 and 65). 91Mr Fieschi said in evidence that after he found out that he was not a director of Elgar Road and that Accom was not a shareh…
Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd
[2014] HCA 14
Citation 3
…(see Australian Financial Services v Hills Industries Ltd (2014) 253 CLR 560 ( “Hills Industries ”), at paragraph 157 per Gageler J, and Southage Pty Ltd v Vescovi [2015] VSCA 117, at paragraphs 64 and 65). 91Mr Fieschi said in evidence that after he found out that he was not a director of Elgar Road and that Accom w…
Richardson v Federal Commissioner of Taxation
[1932] HCA 67
Citation 4
…e assertion of inconsistent positions ”. She relied upon the principles applied by the High Court in Ricardson v Federal Commissioner of Taxation (1932) 48 CLR 192 per Dixon J at 205 to 206 that, as a general rule, “ no person may, after obtaining an advantage by the assertion of rights in relation to another and wh…