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UWA was ordered to pay the costs of Dr Gray and Sirtex. A cross-claim brought by Sirtex against UWA was dismissed and Sirtex ordered to pay UWA's costs of that cross-claim. Sirtex succeeded in its cross-claim against Dr Gray. Any party in respect of whom an order for costs has been made in the preceding orders is at li... | indemnity costs calderbank letter refusal of offer whether refusal unreasonable variety of factors relevant to assessment of unreasonableness indemnity costs refused costs | 0 |
The decision in question is that of the respondent, an employee of the Australian Taxation Office (ATO). The applicant has issued four other sets of proceedings against individual officers of the ATO. The events with which each proceeding is concerned are related. The reasoning on determination of each proceeding is al... | judicial review application brought pursuant to administrative decisions (judicial review) act 1977 (adjr act) to review decision of respondent objection to competency of application whether decision open to review meaning of 'decision' under adjr act whether substantive determination whether applicant has standing to ... | 1 |
2 CSL carries on business developing, manufacturing, selling and supplying in Australia plasma products, antivenoms and human vaccines. GSKA markets throughout Australia a range of pharmaceutical products including vaccines. 3 The products at the centre of this dispute are vaccines used for the prevention of infection ... | interlocutory injunction quia timet injunction whether serious question to be tried whether applicant likely to suffer injury for which damages will not be an adequate remedy whether balance of convenience favours the granting of injunction alleged contravention of s 52 of trade practices act 1974 (cth) practice and pr... | 2 |
The issue is whether the Federal Magistrate erred in not being satisfied that that there was "other sufficient cause" so that a sequestration order ought not to be made within the meaning of s 52(2)(b) of the Bankruptcy Act 1966 (Cth). Mr Field does not challenge his indebtedness, nor an act of bankruptcy arising upon ... | creditor's petition sequestration order whether "other sufficient cause" so that a sequestration order ought not to be made within the meaning of s 52(2)(b) of the bankruptcy act 1966 (cth) whether pending litigation against the creditor "other sufficient cause" bankruptcy | 3 |
2 The Applicant, a Deputy Commissioner of Taxation (the Deputy Commissioner), has applied to the Court for the winding up of the Respondent Company, BK Ganter Holdings Pty Ltd ACN 088 472 066 (Ganter). 3 The proceeding commenced upon the filing of the application for the winding up of Ganter on 20 August 2008. Prior to... | winding up neglect to pay debt after statutory demand acceptance of bank cheque in payment of debt subject to condition that winding up application be adjourned for one week so as to confirm its clearance continuation of proceedings by creditor in the interim whether applicant continued to have standing whether court o... | 4 |
After long and extensive litigation, the Refugee Review Tribunal (the Tribunal), on the third occasion it had to consider the claims of the appellants, found that the appellants had fabricated their claims, and that they were not truthful or credible witnesses. The Tribunal also found that the appellants' witness lacke... | whether the decision of the refugee review tribunal was made in bad faith and breached procedural fairness appellants had been through lengthy litigation original tribunal had made a finding of fact that appellants were in a homosexual relationship relationship was not disputed in federal court and high court proceedin... | 5 |
There are four issues outlined in the Amended Notice of Appeal. The first two concern the construction and effect of an undertaking given by consent and an order made by his Honour on 10 August 2005. The third issue is whether his Honour erred in law in failing to dismiss the creditor's petition on the basis that there... | appeal from sequestration order of federal magistrate construction and effect of undertaking given by appellant in form of consent orders whether appellant's undertaking to not take proceedings to set aside bankruptcy notice covers opposition to creditor's petition whether "sufficient cause" exists under s 52(2)(b) of ... | 6 |
On 4 September 2008, the Administrative Appeals Tribunal (the AAT) affirmed a decision of the Social Security Appeals Tribunal (SSAT) of 23 November 2007. The SSAT found that the decision of the authorised review officer of Centrelink of 27 September 2007 to cancel Mr Zoia's Newstart allowance from 24 July 2007 was cor... | appeal from decision of administrative appeals tribunal affirming decision of social security appeals tribunal (ssat) ssat upheld decision of centrelink review officer to cancel the applicant's newstart allowance applicant was required to sign a newstart activity agreement but did not do so whether denial of natural ju... | 7 |
"The section does not, however, identify the instrument or authority that has prescribed the period (...TRUNCATED) | extension of times fixed by class order whether permissible under s 1322(4)(d) corporations | 8 |
"In a related application concerning Australian Capital Reserve Limited (Administrators Appointed) ((...TRUNCATED) | "second extension of convening period for second meeting of creditors of companies in administration(...TRUNCATED) | 9 |
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