-
Nixon v Slater & Gordon
[2000] FCA 531
…Ltd v RAIA Insurance Brokers Ltd (1992) ATPR 41-176 at 40,419…
-
Manfal Pty Ltd (In Liquidation) v Trade Practices Commission
[1991] HCATrans 64
…On balancing the considerations outlined above, some of which have parallels with those which led Lee J to take a similar course in Trade Practices Commission v Manfal Pty Ltd (in liquidation) (1991) 105 =R 520, I have come firmly to the conclusion that I should refuse leave to the TPC to discontinue its application. In respect of the motion by Sagasco, I consider…
-
Trade Practices Commission v Australian Iron & Steel Pty Ltd
[1990] FCA 18
…ilways (NSW) (1964) 112 CLR 125, to hold that either cross-clam is so obviously untenable that it cannot possibly succeed however it be pleaded; c.p. Trade Practices Commission v Australian Iron & Steel Pty Ltd (1990) 22 FCR 305. The basis on which the TPC suggests that its own action and, by implication, the cross-claims of both Sagasco and Santos, Part A Statemen…
-
Equity Access Ltd v Westpac Banking Corporation
[1989] FCA 520
…Court of this Court in Westpac Banking Corporation v Northern Metals Pty Ltd (1989) ATPR 40-953 where Davies and Spender JJ observed at 50,417: " ~ h r s p rov r s ion t u r n s i ts attention t o m a t t e r s done under t h e Trade P r a c t i c e s A c t such a s t h e i s s u e of a s .155 n o t l c e and e n…
-
Westpac Banking Corporation v Northern Metals Pty Ltd
[1989] FCA 249
…Court of this Court in Westpac Banking Corporation v Northern Metals Pty Ltd (1989) ATPR 40-953 where Davies and Spender JJ observed at 50,417: " ~ h r s p rov r s ion t u r n s i ts attention t o m a t t e r s done under t h e Trade P r a c t i c e s A c t such a s t h e i s s u e of a s .155 n o t l c e and e n t i t l e s a person t o seek from t h e Cour…
-
Coulson v Gosford Meats Pty Ltd
[1985] FCA 413
…J o n e s ( A u s t r a l i a ) P t y L t d (1985) 7 FCR 109, and is similar to the defect in part of a pleading which was struck out as embarrassing by French J in C h a r l i e C a r t e r P t y L t d v T h e Shop D i s t r i b u t i v e a n d A l l i e d Employees ' A s s o c i a t i o n of Western A u s t r a l…
-
SCI Operations Pty Ltd v Trade Practices Commission
[1984] FCA 52
…However, as Woodward J observed, at first lnstance in SCI Operations Pty Ltd v Trade Practices Commission (1984) 53 ALR 283, Graham J's statement is not applicable to every case where a plaintiff wishes to discontinue. His Honour then listed the discretionary considerations whlch weighed with him in determining an a…
-
In The Matter of the Trade Practices Act 1974 as amended (Section 163A) And In The Matter of an Application by Tooth & Co. Ltd
[1978] FCA 19
…hould be struck out, because it seeks the advlsory opinion of the Court on just such a hypothetical question. Reference was made to Re Tooth & CO Ltd (1978) 31 FLR 314 where a Full Court of this Court considered the following two questions stated for its opinion: "(a) Whether upon the facts stated herein this Court…
-
General Steel Industries Inc v Commissioner for Railways (NSW)
[1964] HCA 69
…der that the Court could be persuaded by application of the principles in, for example, General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125, to hold that either cross-clam is so obviously untenable that it cannot possibly succeed however it be pleaded; c.p. Trade Practices Commission v Au…
-
[1990] FCA 23
[1990] FCA 23
…am is so obviously untenable that it cannot possibly succeed however it be pleaded; c.p. Trade Practices Commission v Australian Iron & Steel Pty Ltd (1990) 22 FCR 305. The basis on which the TPC suggests that its own action and, by implication, the cross-claims of both Sagasco and Santos, Part A Statement, there is…
-
FAI General Insurance Co Ltd v RAIA Insurance Brokers Ltd
542 F Supp 1234
…That view was endorsed by Foster J in FAI General Insurance CO Ltd v RAIA Insurance Brokers Ltd (1992) ATPR 41-176 at 40,419 but his Honour went on to hold that the limitations inherent in s.163A did not preclude the Court from making, in a case like the present, a declaration, if thought appropriate, in the exercise of the power conferred by s.21 of the Federal…
-
1 WLR 876
1 WLR 876
…approach to be taken to applications for leave to discontinue has been indicated by Graham J in Cove11 Matthews & Partners v French Wools Ltd [l9771 1 WLR 876 where his .... -- - . .. Lordship- said at 879 : - - "The pr~nclples to be culled from these cases are, in my judgment, that the court will, normally…
-
Myer Queenstown v Port Adelaide
1 WLR 219
…After referr~ng to Ibeneweka v Egbuna [l9641 1 WLR 219 at 225 and Unlted States Authorities on the Declaratory Judgments Act his Honour concluded at 334: "In the present case, the relevant conduct 1s referred to In par. (8) of the speclal case. It consists in a posslble going "into possession of ... the hote…
-
District Attorney of Los Angeles County v Harrls
(1971) 401 US 37
…hension exists, for the apprehension may be imaginary or speculative, rather than real (cf. Younger, District Attorney of Los Angeles County v Harrls (1971) 401 US 37, at pp. 41, 42. -The observations of Greer LJ ln Ruislzp- Northwood Urban Dlstrzct Council v Lee (1931) 145 LT 208, at p.214 are in point: "I do not…
-
2 AC 4
2 AC 4
…ng to authorities commencing with R u s s i a n Conunercial and I n d u s t r i a l Bank v - - -Bri t ish Bank f o r F o r e i g n Trade L t d [l9211 2 AC 4 3 8 whlch have .- . . canvassed the discretion governing the making by a court of a -.. . . . declaratory judgment, observed at 3 2 7 : - -- - "The p…