David Securities Pty Ltd v Commonwealth Bank of Australia
[1992] HCA 48
Citation 1
(Para 1)
…raphs 29 to 48. 62.Mr. Ludlow relies upon the principle in David Securities Pty Ltd v. Commonwealth Bank of Australia (1992) 175 CLR 353 . I do not understand David Securities to be authority for any proposition that would justify in law the action taken by the third party in handing back part only of the security re…
Perri v Coolangatta Investments Pty Ltd
[1982] HCA 29
Citation 2
…existing loans to be paid out in full. Mr Ludlow relies upon Perri v. Coolangatta Investments Pty Ltd (1982) 149 CLR 537 at 543-547 and 569-570 . 56.I do not accept that submission. In my opinion it ignores the fact that the third party was retained to act as agent for the defendant in Perth and to stand in for it an…
BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 3
…in sub paragraphs 12(g),(h) and (i) would, in those circumstances be implied.[26] [26]B P Refinery (Westernport) Pty Ltd v. Shire of Hastings (1977) 52 ALJR 20 at 26. See also Cheshire & Fifoot’s Law of Contract, 8 th edition at [1.71] 49.The defendant’s case against the third party was also pleaded in contribution…
Grundt v Great Boulder Pty Gold Mines Ltd
[1937] HCA 58
Citation 4
(Para 1)
…oppel in pais ( Thompson v Palmer (1933) 49 CLR 507 at 547 per Dixon J; Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 at 674-6). It argues that the outgoing mortgagee tendered the discharge of the mortgage to the Adelaide Terrace property and, the plaintiff in funding the transaction, handed over vario…
Thompson v Palmer
[1933] HCA 61
Citation 5
(Para 1)
…ircumstances here to rely on an estoppel by representation, also known as an estoppel in pais ( Thompson v Palmer (1933) 49 CLR 507 at 547 per Dixon J; Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 at 674-6). It argues that the outgoing mortgagee tendered the discharge of the mortgage to the Adelaide T…
Hawkins v Gaden
[1925] HCA 45
Citation 6
(Para 1)
…defendant’s submission that once completed a settlement is final unless all the parties agree to return to their former positions, Hawkins v Gaden (1925) 37 CLR 183. The plaintiff also relied upon Pascon Pty Ltd v San Marco in Lamis Cooperative Social Club Ltd [1991] 2 VR 227. In that case the purchaser was not rel…
Barry v Heider
[1914] HCA 79
Citation 7
(Para 1)
…nce on the outgoing mortgagee tendering the discharge of mortgage. The defendant relies on Barry v Heider ( 1914) 19 CLR 197 especially the judgment of the Chief Justice at page 208 and the judgment of Justice Isaacs at pages 216-218. The defendant also refers to the text, Land Law , P. Butt, 4 th ed., 2001,…