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P'Auer AG v Polybuild Technologies International Pty Ltd
[2015] VSCA 42
Citation 1
…orp would make a “ reasonable ” contribution. Such an implication, as Kaye JA said in P’Auer Ag v. Polybuild Technologies International Pty Ltd [2015] VSCA 42 (“ P’Auer ”) at paragraph 110, involves the Court “ inferring the actual unspoken intentions of the parties ”. 134 Kaye JA said that it was not that such a…
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Lord Buddha Pty Ltd (in liq) v Harpur
[2013] VSCA 101
Citation 2
…uction costs of the road was a relevant inducement. Mr Peters referred me to the discussion by the Court of Appeal in Lord Buddha Pty Ltd v. Harpur [2013] VSCA 101 at paragraph 159, of the principles enunciated by the High Court in Gould v. Vaggelas (1985) 157 CLR 215, as to when an inference of reliance might pro…
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Lederberger v Mediterranean Olives Financial Pty Ltd
[2012] VSCA 262
Citation 3
…”, although it “ is not admissible on the question of what a contract means ” (see Lederberger v. Mediterranean Olives Financial Pty Ltd [2012] VSCA 262 at paragraph 26 and the cases referred to by Nettle, Redlich JJA and Beach AJA). 144In my view, for the reasons given earlier, the conversation on 14 May 2010 wa…
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Progressive Pod Properties Pty Ltd v A & M Green Investments Pty Ltd
[2012] NSWCA 225
Citation 4
…154Mr Northrop submitted that the decisions of Lumbers case and Progressive Pod Properties Pty Ltd v. A x M Green Investments Pty Ltd [2012] NSWCA 225 (“ Progressive ”), when applied to the facts of the present case, would mean that the restitutionary claim cannot succeed. 155In Lumbers case , Matthew Lumbers and W…
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Equuscorp Pty Ltd v Haxton
[2012] HCA 7
Citation 5
…rtainty as to an essential term and the purported contract would be inherently ineffective and unenforceable. 148In Equuscorp Pty Ltd v. Haxton (2012) 246 CLR 498 , the judgment of French CJ, Crennan and Kiefel JJ referred at paragraph 30 to the explanation given by the High Court in David Securities Pty Ltd v. Commo…
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Lumbers v W Cook Builders Pty Ltd (in liq)
[2008] HCA 27
Citation 6
…he developer obtaining the benefit of the road should contribute to the cost of construction – Lumbers v. W Cook Builders Pty Ltd (in liq.) (2008) 232 CLR 635 applied.…
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PRA Electrical Pty Ltd v Perseverance Exploration Pty Ltd
[2007] VSCA 310
Citation 7
…ng Group Ltd [1994] 2 VR 32 at 82 per Ormiston J and PRA Electrical Pty Ltd v. Perseverance Exploration Pty Ltd (2007) 20 VR 487 at paragraph 6, per Nettle JA). 136 Pavey is an example of a case where an oral contract for building works “ contained an express promise to pay a reasonable sum calculated by reference…
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Graham Evans Pty Ltd v Stencraft Pty Ltd
[1999] FCA 1670
Citation 8
…ersons on both sides, the dealings show a concluded bargain ” (see Vroon BV v. Fosters Brewing Group Ltd [1994] 2 VR 32 at 82 per Ormiston J and PRA Electrical Pty Ltd v. Perseverance Exploration Pty Ltd (2007) 20 VR 487 at paragraph 6, per Nettle JA). 136 Pavey is an example of a case where an oral contra…
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David Securities Pty Ltd v Commonwealth Bank of Australia
[1992] HCA 48
Citation 9
…and Kiefel JJ referred at paragraph 30 to the explanation given by the High Court in David Securities Pty Ltd v. Commonwealth Bank of Australia (1992) 175 CLR 353 of “ the part played by unjust enrichment in a claim for money had and received (in that case for recovery of a payment made under mistake of law) ”. 149Th…
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Pavey & Matthews Pty Ltd v Paul
[1987] HCA 5
Citation 10
…n of contract law, free from the “ implied contract theory of quasi-contract ” rejected by the High Court in Pavey & Matthews Pty Ltd v. Paul (1987) 162 CLR 221 at 227 (“ Pavey ”), and affirmed in later cases. 132In the present case, Mr Peters relied on: a.the offer by Woolcorp in the letter of Mr Matthews dated 25 A…
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Gould v Vaggelas
[1985] HCA 75
Citation 11
…rt of Appeal in Lord Buddha Pty Ltd v. Harpur [2013] VSCA 101 at paragraph 159, of the principles enunciated by the High Court in Gould v. Vaggelas (1985) 157 CLR 215, as to when an inference of reliance might properly be drawn.…