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McGrath v Australian Naturalcare Products Pty Ltd
[2008] FCAFC 2
Citation 1
(Para 134)
…facts. [12] (2008) 165 FCR 230 especially at [134] 83 Accordingly, the TPA action claim fails because the alleged representation is not established. Whether reliance 84 Mr Watson’s oral evidence (initially) was that he wanted to go to Swatch primarily because of the size of the company and the size of the responsibil…
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Hanave Pty Ltd v LFOT Pty Ltd
[2004] FCAFC 180
Citation 2
…In such circumstances, I am not prepared to infer that the representation, if made, acted as an inducement. [15] (1999) 43 IPR 545 93 In these circumstances I am not satisfied that Mr Watson relied on the alleged representation even if it was made. 94 It follows that, even if there was conduct in breach of the TPA,…
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Concut Pty Ltd v Worrell
[2000] HCA 64
Citation 3
…fiduciary duty to SGA as described by Dixon and Mc Tiernan JJ in Blyth Chemicals Ltd v Bushnell [8] . [8] (1933) 49 CLR 66 at 81 as cited in Concut Pty Ltd v Worrell (2000) 176 ALR 693 at [25] 32 In the case of North , the relevant clause contained the word “misconduct” as well as other more apparently serious phrases such as “w…
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Borland v First 5 Minutes Pty Limited
[1995] IRCA 369
Citation 4
…(1976) 11 ALR 599…
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Baltic Shipping Co v Dillon
[1993] HCA 4
Citation 5
…Baltic Shipping Company v Dillon[19] ; (b) there was no evidentiary basis for the claim. [19] (1993) 176 CLR 344 108 There would appear to be good grounds for suggesting that the “unlawful act term” should be implied into a contract of employment on the basis of the principles in BP Refinery (Westernport) Pty Ltd v H…
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Commonwealth v Amann Aviation Pty Ltd
[1991] HCA 54
Citation 6
…s imposed upon the employer in circumstances where it exercises the right to bring the contract to an end. [32] (1992) 174 CLR 64 280 However, this takes the matter no further since it begs the question as to what the minimum contractual requirement is. In my view that “minimum contractual” requirement is the paymen…
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Hospital Products Ltd v United States Surgical Corporation
[1984] HCA 64
Citation 7
(Para 1)
…Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 at 97 per Mason J…
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BP Refinery (Westernport) Pty Ltd v Shire of Hastings
[1977] UKPCHCA 1
Citation 8
…[20] (1977) 180 CLR 266 [21] And see discussion and cases summarised in recent decision of Guthrie v News Limited [2010] VSC 196 at [215] Per Kaye J 109 Nevertheless, for the purposes of resolving Mr Watson’s claims, I have presumed, without formally deciding, that the two alleged terms exist, and, further, that a di…
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Jones v Dunkel
[1959] HCA 8
Citation 9
…Briginshaw[25] the court should also take into account the gravity of the matters alleged. [24] (1959) 101 CLR 298 [25] (1938) 60 CLR 336 127 Secondly the acts defined in s96(3) are defined in relation to a particular person namely a “second person.” Vague generalised statements about what should be done with unident…
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Briginshaw v Briginshaw
[1938] HCA 34
Citation 10
…should also take into account the gravity of the matters alleged. [24] (1959) 101 CLR 298 [25] (1938) 60 CLR 336 127 Secondly the acts defined in s96(3) are defined in relation to a particular person namely a “second person.” Vague generalised statements about what should be done with unidentified “retailers” do no…
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Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 5)
[1996] FCA 256
Citation 11
…[13]). Moreover, as will be seen below, I am not satisfied that Mr Watson was directed to engage in [13] And see Allstate Life Insurance Co v ANZ (1996) 64 FCR 73 at 76 unlawful conduct in an y event. 87 Counsel for Mr Watson also submitted that I should find that one of the reasons he signed the terms of settlemen…
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Guthrie v News Limited
[2010] VSC 196
Citation 12
(Para 215)
…[20] (1977) 180 CLR 266 [21] And see discussion and cases summarised in recent decision of Guthrie v News Limited [2010] VSC 196 at [215] Per Kaye J 109 Nevertheless, for the purposes of resolving Mr Watson’s claims, I have presumed, without formally deciding, that the two alleged terms exist, and, further, that…
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Rankin v Marine Power International Pty Ltd
[2001] VSC 150
Citation 13
…n gave genuine consideration to whether to recommend that a bonus be paid.[29] [29] Rankin v Marine Power International Pty Ltd (2001) 107 IR 117 at [411] 242 On the evidence before the court I am satisfied that Mr Rollenhagen did properly consider whether a bonus should be paid. Moreover, that he and Mr Szabo undertook a comprehensive process of r…