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McAdam and McAdam
[2008] FMCAfam 365
Citation 1
…ion Fund v Tambree.[9] Whether Concurrent [5] Henville v Walker (2001) 206 CLR 459 per McHugh J at [107] [6] (1987) ATPR 40-822 [7] [1989] VR 386 [8] (1999) 199 CLR 413 [9] (2005) 224 CLR 627 34 It is true that the two operative causes in Henville occurred at the time of entry into the transaction. This is to be dist…
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Travel Compensation Fund v Tambree
[2005] HCA 69
Citation 2
…Whether Concurrent [5] Henville v Walker (2001) 206 CLR 459 per McHugh J at [107] [6] (1987) ATPR 40-822 [7] [1989] VR 386 [8] (1999) 199 CLR 413 [9] (2005) 224 CLR 627 34 It is true that the two operative causes in Henville occurred at the time of entry into the transaction. This is to be distinguished from the pres…
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Arktos Pty Ltd v Idyllic Nominees Pty Ltd
[2003] FCA 329
Citation 3
…25 The plaintiff’s case was a relatively simple one with primary emphasis placed on the High Court case, Henville v Walker [3] [3] (2001) 206 CLR 459 26 The case of Henville was concerned with a case in which an estate agent advised an architect who was contemplating undertaking a development that the units would be…
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I & L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd
[2002] HCA 41
Citation 4
…s remarks were further dicta. 75 The case of Kenny does not assist the defendants. I & L Securities v HTW Valuers (Brisbane) Pty Ltd[35] [35] (2002) 210 CLR 109 76 Both Counsel referred to this case which was a s52 case based on a misleading valuation. The plaintiff was successful in the case in recovering all of its…
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Henville v Walker
[2001] HCA 52
Citation 5
…y Ltd[6] , Duncan & Weller Pty Ltd v Mendelson[7], Kenny & Good Pty Ltd v MGICA [8] and Travel Compensation Fund v Tambree.[9] Whether Concurrent [5] Henville v Walker (2001) 206 CLR 459 per McHugh J at [107] [6] (1987) ATPR 40-822 [7] [1989] VR 386 [8] (1999) 199 CLR 413 [9] (2005) 224 CLR 627 34 It is true that the two o…
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Wardley Australia Ltd v Western Australia
[1992] HCA 55
Citation 6
…of causation should be rigidly applied without regard to the terms or objects of the TPA.[14] [13] [14] Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Henville v Walker (2001) 206 CLR 459 per McHugh J at [95] – [96] 42 He further states: “Given the long history of the common law’s recognition of the con…
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Jackson v Sterling Industries Ltd
[1987] HCA 23
Citation 7
(Para 107)
…Pty Ltd v MGICA [8] and Travel Compensation Fund v Tambree.[9] Whether Concurrent [5] Henville v Walker (2001) 206 CLR 459 per McHugh J at [107] [6] (1987) ATPR 40-822 [7] [1989] VR 386 [8] (1999) 199 CLR 413 [9] (2005) 224 CLR 627 34 It is true that the two operative causes in Henville occurred at the time of e…
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Collins Marrickville Pty Ltd v Henjo Investments Pty Ltd
[1987] FCA 282
Citation 8
…al norm.”[42] Nevertheless the court was unanimous in finding the claim to be sustained under the FTA. More particularly : [39] Collins Marrickville Pty Ltd v Henjo Investments Pty Ltd (1987) ATPR 40-822 [40] Duncan & Weller Pty Ltd v Mendleson [1989] VR 386 [41] Travel Compensation Fund v Tambree (2005) 224 CLR 627 [42] Ibid at [45]…
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S Sali & Sons Pty Ltd v Metzke
[2009] VSC 48
Citation 9
…of Sali & Ors v Metzke & Allen[52] , a decision of His Honour, Justice Whelan which has been decided since I delivered reasons in St George. [52] [2009] VSC 48 108 In that case His Honour was concerned with an accountant who prepared prepared false reports in circumstances where it was found that they were eithe…