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Orknie Pty Ltd v Body Corporate for Paloma CTS 9524
[2010] QCATA 52
Citation 1
(Para 1)
…y on an estoppel in the face of a statute depends upon the nature of the enactment, the purpose of the provision and the social policy behind it. [7] Kok Hoong v Leong Cheong Kweng Mines Ltd (1964) AC 993, at 1015…
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Pacific Rim Developments Pty Ltd v Anketell
[1999] NSWSC 304
Citation 2
…es Ltd (1964) AC 993 at 1016. 18 This conclusion makes it unnecessary for me to consider at length the Appellant’s other criticisms of the Magistrate’s findings on the topic of estoppel. It is sufficient for me to say, however, firstly that some of those criticisms were directed to findings of fact by the Magistrate which it is not open to this…
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Chamberlain v Deputy Commissioner of Taxation
[1988] HCA 21
Citation 3
…20. We do not accept the argument. It may well be true that, as the respondent submitted, estoppel by representation affords no answer to a claim in exercise of a statutory power or duty or a right conferred in the public interest: see Maritime Electric Co. v. General Dairies, Ltd. (1937) AC 610, at…
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Port of Melbourne Authority v Anshun Pty Ltd
[1981] HCA 45
Citation 4
…23. The existence of the principle has been affirmed by the Judicial Committee on four occasions (Hoysted v. Federal Commissioner of Taxation (1925) 37 CLR 290, at p 303; (1926) AC 155, at p 170 ; Kok Hoong v. Leong Cheong Kweng Mines Ltd. (1964) AC 993, at pp 1010-1011 ; Yat Tung Investment Co. Ltd…
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Administration of Papua and New Guinea v Daera Guba
[1973] HCA 59
Citation 5
…75. There was identity of subject matter in the two proceedings. It is true that the land claimed before the Board included some areas not part of the land claimed before the Commission, and vice versa, but there was some land - areas nos. 2, 3, 4 and 6 on plan "4" (1973) 130 CLR 353, at p 367 - who…
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Abebe, Ex parte- Re Min for Immig & Multicultural Affairs
[1998] HCATrans 398
Citation 6
…Your Honours will see that that referred to a decision of the Judicial Committee in Kok Hoong v Leong Cheong Kweng Mines Ltd. (1964) AC 993 and at page 1016 the Judicial Committee referred to the fact that the question whether an estoppel was or was not to be allowed ultimately depended on grounds of general public policy. They said that in a pri…
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Murray Goulburn Co-operative Company Ltd v New South Wales Dairy Corporation
[1990] FCA 32
Citation 7
…decision extending "to any point, whether of assumption or admission, which was in substance the ratio of and fundamental to the decision". See also Kok Hoong v Leong Cheong Kweng Mines Ltd (1964) AC 993.…
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Re La Rosa, F.C. & L.R. v Ex parte Norgard, R.S
[1989] FCA 316
Citation 8
…Kok Hoong v Leong Cheong Kweng Mines Ltd (1964) AC 993…
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Chamberlain, T.J. v Deputy Commissioner of Taxation
[1987] FCA 44
Citation 9
…(b) A defendant could not set up res judicata any more than he could set up estoppel in the face of a statute. Reliance was placed, inter alia, on the decision of the Privy Council in Kok Hoong v. Leong Cheong Kweng Mines Limited (1964) AC 993.…
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Australian Telecommunications Commission v Colpitts
[1986] FCA 299
Citation 10
…It is clear, of course, that there may be an issue estoppel on a "bare" question of law. See the remarks of Aickin J. on this question in Queensland v. The Commonwealth (1977) 139 CLR 585 at 614-615. When the question of law involves the construction of a statutory provision the question whether an …
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Re Di Felice, Fillizio Ex parte Di Felice, Fillizio v Bent, Everett Thomson
[1982] FCA 65
Citation 11
…Kok Hoong v. Leong Cheong Kweng Mines Ltd (1964) A.C. 993 referred to.…
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Mister Figgins Pty Ltd v Centrepoint Freeholds Pty Ltd
[1981] FCA 14
Citation 12
…In reply made on 18 February 1981 counsel for the respondent sought and was granted leave to further amend the defence by deleting the paragraphs raising the defences based upon express terms contained in the deeds, c.f. Kok Hoong v. Leong Cheong Kweng Mines Ltd. (1947) A.C. 993, especially at pp.10…
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Dates v Karuah Local Aboriginal Land Council
[2009] NSWLEC 221
Citation 13
…The existence of the principle has been affirmed by the Judicial Committee on four occasions (Hoysted v. Federal Commissioner of Taxation (1925) 37 CLR 290, at p 303; (1926) AC 155, at p 170; Kok Hoong v. Leong Cheong Kweng Mines Ltd. (1964) AC 993, at pp 1010-1011 ; Yat Tung Investment Co. Ltd. v. …
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Xenophon v Lucas No. DCCIV-99-1306
[2001] SADC 187
Citation 14
(Para 20)
…gs: Isaacs v Ocean Accident and Guarantee Corporation Ltd (1958) SR (NSW) 69. Where a judgment is entered by default the same examination is required Kok Hoong v Leong Cheong Kweng Mines Ltd (1964) AC 993 . In the first proceedings no defence was filed; therefore no defence of fair comment was raised in those proceedings or determined by the jud…