Dobrinski v Slade
[2010] NSWDC 297
Citation 1
(Para 5)
…Dobrinski v Slade [2010] NSWDC 297 involved a series of loans given by the plaintiff to the defendant, some of which were not repaid by the defendant. The defendant claimed that these loans had been forgiven by the plaintiff, despite there being no Deed of Forgiveness or consideration indicating that the loan had b…
Agricultural and Rural Finance Pty Ltd v Gardiner
[2008] HCA 57
Citation 2
(Para 6)
…extinguished. Representations of this kind were explained by Gummow, Hayne and Kiefel JJ in Agricultural and Rural Finance Pty Ltd v Gardner [2008] HCA 57 at [95]-[96], as follows: … But if, as is the case here, there was no election between inconsistent rights, there was no variation of the contract, and there…
Rogers v The Queen
[1994] HCA 42
Citation 3
(Para 6)
…sive to one of the parties; or c.The use of the Court’s procedures would bring the administration of justice into disrepute: Rogers v The Queen (1994) 181 CLR 251 at 286.…
Williams v Spautz
[1992] HCA 34
Citation 4
(Para 5)
…vous, without any proper basis and should be withdrawn. The onus of proving that there is an abuse of process is a ‘heavy one’: Williams v Spautz (1992) 174 CLR 509 at 529.…
Orr v Ford
[1989] HCA 4
Citation 5
(Para 4)
…This is succinctly put in Orr v Ford (1989) 167 CLR 316 at 340, by Deane J: The availability of a defence of laches and what will suffice to make it good depends upon the nature of the claim. Laches is an equitable defence and is not available in answer to a legal claim.…
Paulet v Stewart
[2009] VSC 60
Citation 6
(Para 4)
…Act 1958 (Vic). It is not expressed to be a Deed, nor is it expressed to be ‘signed, sealed and delivered’ by Mrs Polacsek (see Paulet v Stewart [2009] VSC 60 at [269]-[270]). (b)It is not a contract as there is no consideration for it.…