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Melbourne Stadiums Ltd v Sautner
[2015] FCAFC 20
Citation 1
…ion of the Full Federal Court in the matter of Melbourne Stadiums Ltd v Sautner[3] which impacted on the outcome of issue (c) above. A BACKGROUND [3] [2015] FCAFC 20. Parties Plaintiff 15. Mr Karantzis was the sole director of Southern Ocean and primary witness in the case. He possesses degrees in electrical engin…
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Australasian Annuities Pty Ltd (in liq) v Rowley Super Fund Pty Ltd
[2015] VSCA 9
Citation 2
…gar in relation to the Southern Ocean contracts. [17] And see generally Australian Annuities Pty Ltd (in liq) v Rowley Super Fund Pty Ltd [2015] VSCA 9 119. Before resolving these issues, however, it is necessary to turn to the evidence. Evidence 120. When Mr Weitemeyer commenced as CEO of Sugar, he received no…
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Bartlett v Australia and New Zealand Banking Group Limited
[2014] NSWSC 1662
Citation 3
…summarily terminate “if, in the opinion of ANZ” the employee engaged in serious misconduct. [24] [2014] NSWSC 1662. At the time of writing, this matter is on appeal before the New South Wales Court of Appeal. 201. The decision is apparently on appeal. In any event, I do not consider that the decision assists the de…
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Electricity Generation Corporation v Woodside Energy Ltd
[2014] HCA 7
Citation 4
…secured by the contract.” [19] Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd & Ors (2014) 251 CLR 640 at page 656.…
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Plenary Research Pty Ltd v Biosciences Research Centre Pty Ltd
[2013] VSCA 217
Citation 5
…e effect of general words would otherwise be to nullify what the parties appear to have contemplated as an important element in the transaction. [20] [2013] VSCA 217. [21] [1994] 1 WLR 1016. [22] [2013] VSCA 217 at page 29.…
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Fabcot Pty Ltd v Port Macquarie-Hastings Council
[2011] NSWCA 167
Citation 6
(Para 184)
…Hoyts Pty Ltd v Burns (2003) 201 ALR 470; Rosenberg v Percival (2001) 205 CLR 434; Fabcot Pty Ltd v Port Macquarie-Hastings Council [2011] NSWCA 167 especially at [184]-[185]. 169. As opened by Senior Counsel, Mr Weitemeyer had not even looked at the contracts. There was no reason in such circumstances for him to h…
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Silverbrook Research Pty Ltd v Lindley
[2010] NSWCA 357
Citation 7
…which stated that the decision as to whether [the employee] should receive the bonus was “entirely within the discretion” of the employer. [23] [2010] NSWCA 357. 188. Despite the apparent unlimited nature of the discretion given by clause 4.3, the Court (per Allsop P, Beazley JA agreeing) said (at [5]-[6]): “ The r…
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Lumbers v W Cook Builders Pty Ltd (in liq)
[2008] HCA 27
Citation 8
…her it explains the conceptual basis of a number of established causes of action.[87] [87] Lumbers v W Cook Builders Pty Ltd (in liq) (2008) 232 CLR 635 at page 665; Hendersons Automotive Technologies Pty Ltd (in liq) v Flaton Management Pty Ltd (2011) 32 VR 539 at page 553. 486. Moreover, care should be taken in rel…
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Hoyts Pty Ltd v Burns
[2003] HCA 61
Citation 9
…ase, as there is no objective evidence to support a finding that he actually formed the requisite views. [18] Hoyts Pty Ltd v Burns (2003) 201 ALR 470; Rosenberg v Percival (2001) 205 CLR 434; Fabcot Pty Ltd v Port Macquarie-Hastings Council [2011] NSWCA 167 especially at [184]-[185]. 169. As opened by Senior Counsel…
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Rosenberg v Percival
[2001] HCA 18
Citation 10
…support a finding that he actually formed the requisite views. [18] Hoyts Pty Ltd v Burns (2003) 201 ALR 470; Rosenberg v Percival (2001) 205 CLR 434; Fabcot Pty Ltd v Port Macquarie-Hastings Council [2011] NSWCA 167 especially at [184]-[185]. 169. As opened by Senior Counsel, Mr Weitemeyer had not even looked at th…
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Pavey & Matthews Pty Ltd v Paul
[1987] HCA 5
Citation 11
…ot take a reasonable opportunity open to him to reject the proffered services….” [90] Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 per Deane J at pages 256-7 and per Mason and Wilson JJ at page 227; and see cases cited in Mason K, Carter JW and Tolhurst GJ, Restitution Law in Australia (2 nd ed), page 157 footn…
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Jones v Dunkel
[1959] HCA 9
Citation 12
…such circumstances I am prepared to draw an inference that any evidence as to such enquiries would not have assisted the defendant.[10] [10] Jones v Dunkel (1959) 101 CLR 298. 103. I therefore accept that Mr Karantzis’ diaries were last held by the defendant or its agents though their precise whereabouts now is unknown…
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Jones v Dunkel
[1959] HCA 8
Citation 13
…nces I am prepared to draw an inference that any evidence as to such enquiries would not have assisted the defendant.[10] [10] Jones v Dunkel (1959) 101 CLR 298. 103. I therefore accept that Mr Karantzis’ diaries were last held by the defendant or its agents though their precise whereabouts now is unknown. 2) Burden…
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Briginshaw v Briginshaw
[1938] HCA 36
Citation 14
…[14] Briginshaw v Briginshaw (1938) 60 CLR 336 at page 362…
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Briginshaw v Briginshaw
[1938] HCA 34
Citation 15
…[14] Briginshaw v Briginshaw (1938) 60 CLR 336 at page 362…
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Shepherd v Felt & Textiles of Australia Ltd
[1931] HCA 21
Citation 16
…and Textiles of Australia Ltd[2] did not apply, and the defendant should not be permitted to now rely on the summary dismissal provisions. [2] (1931) 45 CLR 359. 12. The issues in the case were therefore: a)whether the defendant considered the services being performed to be “unsatisfactory” as alleged pursuant to t…
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Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd
[1992] HCATrans 297
Citation 17
…probability that there was a fraud is already above 50%. Furthermore, that the evidence in this case had a cumulative effect.[12] [11] (1992) 110 ALR 449. [12] Closing Submissions of Sugar Australia Parties, paragraphs 24-27. 107. However, although Mr Mantella may have confessed to a fraud, it is the defendant who m…