Muschinski v Dodds
[1985] HCA 78
Citation 1
…nciples, upon the failure of a relationship between two parties ”. 63Justice Kaye referred to the judgment of Deane J in Muschinki v. Dodds (1986) 160 CLR 583 at 621 where Deane J stated that the “ rationale and operation ” of the relevant equitable principles “is to prevent wrongful and undue advantage being taken b…
Young v Queensland Trustees Ltd
[1956] HCA 51
Citation 2
…es of pleading which the High Court applied in resolution of another question of onus of proof in Young v Queensland Trustees Limited (1956) 99 CLR 560; [1956] ALR 939 ” .…
Heydon v Perpetual Executors Trustees & Agency Co (WA) Ltd
[1930] HCA 26
Citation 3
…ther as loans or gifts – Onus of proof upon the plaintiff to establish the loans – Heydon v Perpetual Executors Trustees and Agency Co (WA) Ltd (1930) 45 CLR 111; Joaquin v Hall [1976] VR 788 applied.…
Cressy v Johnson
[2009] VSC 52
Citation 4
…her person with whom they are in a joint personal relationship or endeavour characterised by a pooling of assets or resources. In Cressy v. Johnson [2009] VSC 52, Kaye J analysed the relevant High Court decisions. At paragraph 187, Kaye J noted that the decisions “ emphasised that the law does not impose a const…