International Finance Trust Co Ltd v New South Wales Crime Commission
[2009] HCA 49
Citation 1
…has been described as being fundamental to civil procedure.[3] [3] International Finance Trust Co Ltd & Anor v New South Wales Crime Commission & Ors [2009] HCA 49 20 The power of the Court to set aside orders made ex parte is recognised as being derived not from the Rules of the Court but rather necessarily imp…
DPP v Nguyen
[2009] VSCA 147
Citation 2
(Para 117)
…submission, the respondents rely upon the decision of the Court of Appeal in Director of Public Prosecutions (Vic) v Nguyen; DPP v Duncan .[14] [14] [2009] VSCA 147, at [117]. 50 In that matter, the Court was dealing with an application under s.22 of the Act to extend the time for making an application for an exc…
Centurion Trust Company Ltd v Director of Public Prosecutions (WA)
[2009] WASCA 97
Citation 3
…for an extension of time to file an objection to an order confiscating property which had been the subject of a freezing order. The Court held: [16] [2009] WASCA 97 (1) that if a freezing order was invalid at the time of confiscation, the confiscation would be invalid as the validity of the confiscation was depen…
Pantzer v Wenkart
[2007] FCAFC 27
Citation 4
…phasized that: “… attention must be given to the text of the governing statutes and any express or implied powers to be seen therein. …” [18] (2000) 201 CLR 226…
Director of Public Prosecutions v Vu
[2006] VSCA 188
Citation 5
(Para 51)
…r of Public Prosecutions v Tien Duc Vu . [5] [4] International Finance Trust Co Ltd & Anor v New South Wales Crime Commission & Ors [2009] HCA 49 [5] (2006) 14 VR 249 at [51] 21 In these circumstances, the respondents concede that the Court is vested with such a power, and I am satisfied that, in appropriate circum…
Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
Citation 6
…f Mr Harris to make proper disclosure rendered the restraining order void. [10] See Project Blue Sky Inc v Australian Broadcasting Authority [1998] 194 CLR 355…
Thomas A Edison Ltd v Bullock
[1912] HCA 72
Citation 7
…isclosure in an ex parte Mareva application as giving rise to the right to have the resultant order set aside.[9] [9] Thomas A Edison Ltd v Bullock (1912) 15 CLR 679; Heydon & Ors v Teplitzki (1997) 74 FCR 7 43 I consider that it is appropriate to classify the obligation imposed upon the deponent of an affidavit und…