Leonie's Travel Pty Ltd v International Air Transport Association
[2009] FCA 280
Citation 1
(Para 55)
…FCR 1 at [306] quoting from Chitty on Contracts , para 12 -076; Leonie’s Travel Pty Ltd v International Air Transport Association [2009] FCA 280 at [55]-[57].…
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd
[2004] HCA 52
Citation 2
…arties, and the purpose and object of the transaction.”[17] [15] Powercor Australia Ltd v Pacific Power [1999] VSC 110 [290], [295], [301] [16] (2004) 219 CLR 165 [40] [17] The plaintiff also referred to Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256…
GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd
[2003] FCA 688
Citation 3
(Para 306)
…part which would defeat it must be rejected.”[35] [35] GEC Marconi Systems Pty Ltd v BHP Information Technology Information Pty Ltd (2003) 128 FCR 1 at [306] quoting from Chitty on Contracts , para 12 -076; Leonie’s Travel Pty Ltd v International Air Transport Association [2009] FCA 280 at [55]-[57].…
Ford Motor Company of Australia Ltd v Arrowcrest Group Pty Ltd
[2002] FCA 1156
Citation 4
…conflicting imported terms, which in this case can be regarded as the Rules.[36] [36] Ford Motor Company of Australia Ltd v Arrow Crest Group Pty Ltd [2002] FCA 1156 [8] 97 It is possible for parties to a contract to bind themselves to a determination, for instance, of a valuer or other expert, or pursuant to a mo…
MacRobertson Miller Airline Services v Commissioner of State Taxation (WA)
[1975] HCA 55
Citation 5
…senger’s failure to reject the offer after he had an opportunity of learning of the conditions upon which the carriage is offered. ”[34] [33] (1975) 133 CLR 125, at 137-9; 142-144 [34] (1975) 133 CLR 125 at 139…
Australian Broadcasting Commission v Australasian Performing Right Association Ltd
[1973] HCA 36
Citation 6
…y, much like unwrapping a Christmas present”. [19] Citing Australian Broadcasting Commission v Australasian Performing Rights Association Ltd (1973) 129 CLR 99,109 44 I do not accept all of this submission. It gives less significance to the Play Instructions than is warranted. As I conclude below the Play Instructio…
Director of Public Prosecutions v Wang Yi Chao
[2009] VSC 562
Citation 7
…and “…s.55B plainly applies to computer-produced documents of all kinds [38] [1998] 3 VR 791, at 798-799, 802; cf DPP v Chao [2009] VSC 562 and not just those which constitute financial records.”…
Jetstar Airways Pty Ltd v Free
[2008] VSC 539
Citation 8
…form prior to the amendment. 108 The plaintiff relied on the consideration of s.32X, by Cavanough J. in Jetstar Airways Pty Ltd v Free .[39] [39] [2008] VSC 539 [114]-[115] 109 The first question is whether it is appropriate that I say anything about this argument. The Fair Trading Act argument was relied on by t…
O'Brien v O'Brien & Nicholls Pty Ltd
[2001] VSC 411
Citation 9
…the reasons that I have given. Evidence of the prize determination data [37] e.g. the cases referred to in O’Brien v O’Brien & Nicholls Pty Ltd [2001] VSC 411 [27] 98 The defendant argued that its computer system was approved by the VCGR pursuant to s.5.2.1A(1) of the Act and that the prize determination data rec…
Powercor Australia Ltd v Pacific Power
[1999] VSC 110
Citation 10
…surrounding circumstances known to the parties, and the purpose and object of the transaction.”[17] [15] Powercor Australia Ltd v Pacific Power [1999] VSC 110 [290], [295], [301] [16] (2004) 219 CLR 165 [40] [17] The plaintiff also referred to Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256…