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Cases Citing This Decision
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Statutory Material Cited
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Tsueneaki v Stewart
[2013] ACTCA 34
Citation 1
(Para 38)
…· limits on re-pleading take account of the factors identified by the High Court in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 at [38].…
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Aon Risk Services Australia Ltd v Australian National University
[2009] HCA 27
Citation 2
…· limits on re-pleading take account of the factors identified by the High Court in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 at [38].…
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Australian Wool Innovation Ltd v Newkirk
[2005] FCA 290
Citation 3
…US being set up, that Larkfield would not be paid once other parties came into the picture. It refers to Australian Wool Innovation Ltd v Newkirk [2005] FCA 290 at paragraphs [13]-[15] which set out that an inference of conspiracy can be pleaded from pleading primary facts and circumstances.…
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Hewett v Court
[1983] HCA 7
Citation 4
(Para 1)
…mply a lien are not closed: Coad v Wellness Pursuit Pty Ltd (in liq) [2009] WASCA 68 per Buss JA at [45] referencing Gibbs CJ in Hewett v Court [1983] HCA 7, (1983) 149 CLR 639; Thackray & Ors v Gunns Plantations Ltd [2011] VSC 380 at [40] - [41]. Whether the sort of lien apparently being claimed by Larkfield i…
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Re Universal Distributing Co Ltd (In liq)
[1933] HCA 2
Citation 5
…ation lien arising in favour of Larkfield against Scandi and CFIHK, under the principles set out in Re Universal Distributing Co Ltd (in liquidation) (1933) 48 CLR 171. It says this claim had been previously identified as arising as a basis for Scandi and CFIHK being unable, as a matter of conscience on the basis of…
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Hughes v Western Australian Cricket Association (inc)
[1986] FCA 465
Citation 6
…ool Innovation Ltd v Newkirk: Like fraud, conspiracy is not an allegation that should lightly be made: Hughes v Western Australian Cricket Assn Inc (1986) 69 ALR 660 at 700 (Toohey J). Conspiracy is the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. Historically, the…
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ABL Nominees Pty Ltd v Mackenzie (No 2)
[2014] VSC 529
Citation 7
…have applied the relevant principles regarding pleading amendments in Victoria, summarised by Derham AsJ in ABL Nominees Pty Ltd v MacKenzie (No. 2) [2014] VSC 529:…
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Thackray v Gunns Plantations Ltd
[2011] VSC 380
Citation 8
(Para 1)
…9] WASCA 68 per Buss JA at [45] referencing Gibbs CJ in Hewett v Court [1983] HCA 7, (1983) 149 CLR 639; Thackray & Ors v Gunns Plantations Ltd [2011] VSC 380 at [40] - [41]. Whether the sort of lien apparently being claimed by Larkfield in this case exists is arguable. It is an argument that should occur in tria…
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Re S & D International Pty Ltd (in liq) (rec & mgr apptd)
[2009] VSC 225
Citation 9
(Para 1)
…principles underlying liens of this nature is set out in the judgment of Robson J in Re S&D International Pty Ltd (in Liq) (rec and mgr apptd) [2009] VSC 225 at [254] to [276]. I accept the proposition put by Mr Guss that generally this sort of lien has dealt with persons in the nature of liquidators and receive…
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AED Oil Ltd v Back
[2009] VSC 158
Citation 10
…47 In AED Oil Limited –v- Back & Ors [2009] VSC 158 Justice Judd said as follows (citations omitted) :…