-
Yusofzai v Andask Pty Ltd
[2019] NSWSC 124
Citation 1
…According to its strict legal connotation, waiver is an intentional act done with knowledge whereby a person abandons a right by acting in a manner inconsistent with that right: Craine v. Colonial Mutual Fire Insurance Co. Ltd. (1920) 28 CLR 305 at p 326; Grundt v. Great Boulder Pty. Gold Mines Ltd.…
-
John Predl and Megan Predl v Dartanyon Pty Ltd and Greg Kellner
[2015] NSWCATCD 36
Citation 2
(Para 4)
…oulou [2011] NSWCA 75. Sackville AJA at [124] and [125] quoted from Commonwealth v Verwayen [1990] HCA 39 quoted at 482 with approval of Darley CJ in Phillips v Martin (1890) 11 NSWLR 153, that: “a man may by his conduct waive a provision of an Act of Parliament intended for his benefit” Her Honour characterising this prin…
-
Krulow v Glamorgan Spring Bay Council
[2013] TASFC 11
Citation 3
(Para 1)
…per Brennan J at 422 - 425, Dawson J at 456 citing Brown v R (1986) 160 CLR 171 at 208, and at 457 - 458, citing Wilson v McIntosh [1894] AC 129, and Phillips v Martin (1890) 11 NSWLR 153 at 158 - 159, Toohey J at 471-472 and McHugh J at 491ff canvassing the English and Australian cases which he said appear to hold that a…
-
May v Christodoulou
[2011] NSWCA 75
Citation 4
(Para 1)
…In Commonwealth v Verwayen [1990] HCA 39; 170 CLR 394, Gaudron J quoted (at 482) with approval the observation of Darley CJ in Phillips v Martin (1890) 11 NSWLR 153, at 158, that:…
-
Blackman v Milne
[2006] QSC 350
Citation 5
…“The principle to be applied in such a case is shortly stated in the maxim quilibet potest renunciare juri pro se introducto. In Wilson v. McIntosh [1894] A.C. 129 the Privy Council was concerned with an application to bring land under the Real Property Act . Section 23 of the Act provided that a ca…
-
re Monger; ex parte Cross
[2004] WASCA 176
Citation 6
(Para 12)
…ue whether "waiver" existed independently of estoppel. In Wilson v McIntosh ( supra ) at 220 the Privy Council approved a statement by Darley CJ in Phillips v Martin (1890) 11 LR(NSW) 153 at 158 that "… a man by his conduct may by his conduct waive a provision of an Act of Parliament intended for his benefit". The waiver o…
-
Calin v Greater Union Organisation Pty Ltd
[1991] HCA 23
Citation 7
…17. Authority in this Court and in other jurisdictions supports the appellant's submission: Hocking v. Bell (1945) 71 CLR 430, per Latham C.J. at pp 440, 442; Rich J. at p 468; Starke J. at p 487; Dixon J. at p 499; Brooker v. Roszykiewcz (1963) 37 ALJR 246, per Kitto J. at p 248; Taylor J. at p 250…
-
Commonwealth v Verwayen
[1990] HCA 39
Citation 8
…23. In these circumstances, the authorities dealing with waiver of statutory rights do not call for special consideration. They speak with different voices, sometimes in the language of election, at times in that of estoppel and at other times in terms of unconscionability: see, for example, Ward v.…
-
Chamberlain v The Queen
[1983] FCA 74
Citation 9
…The High Court also had power, pursuant to s.36 of the Judiciary Act, to order a new trial when it set aside a conviction under s.52 of the Australian Capital Territory Supreme Court Act (Sparre v. R (1942) 66 C.L.R. 149), and thus the statutory formulation of the appellate jurisdiction of the High …
-
Oversea Chinese Banking Corporation (OCBC) v Malaysian Kuwaiti Investment Co Sdn Bhd (MKIC)
[2003] VSC 495
Citation 10
…[46] Phillips v Martin (1890) 11 LR (NSW) L 153; Barry v Heider & Anor (1914) 19 CLR 197 at 213 per Isaacs J; Matzner v Clyde Securities Ltd, supra Footnote 41; Sussman & Anor v AGC Advances Ltd & Anor [1995] 37 NSWLR 37.…
-
South Esplanade Developments Pty Ltd v Astill
[2007] SADC 24
Citation 11
(Para 3)
…His Honour, said[29]: It is significant here, however, that the obligation imposed by s. 365(2)(c)(ii) is statutory rather than contractual. As Connolly J said in Re Permanent Trustee Nominees (Canberra) Limited [1989] 1 Qd R 314, 322: “The principle to be applied in such a case is shortly stated in…