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21,382 | Case21569 | distinguished | Housing Guarantee Fund Ltd v Yusef [1991] 2 VR 17 | The second issue to which I referred, can best be considered by reference to Housing Guarantee Fund Ltd v Yusef [1991] 2 VR 17 (' HGFL v Yusef '). |
12,085 | Case12199 | cited | Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 ; (1998) 194 CLR 355 | I take the proper approach to the determination of this issue to be as stated by McHugh, Gummow, Kirby and Hayne JJ in Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 ; (1998) 194 CLR 355 at 384. Their Honours there said: 'the duty of a court is to give the words of a statutory provision the mean... |
5,160 | Case5208 | applied | Council of the City of Sydney v Goldspar Australia Pty Ltd (2006) 230 ALR 437 | It is sufficient to note that intermediate courts have repeatedly been willing to hold that such a duty exists. However, as noted earlier I was referred to only one decision where the existence of such a duty (express or implied) was held to have been breached: Pacific Brands Sport & Leisure Pty Ltd v Underworks Pt... |
5,286 | Case5334 | cited | Smith v 600 Machinery Australia Pty Ltd [1996] FCA 1029 | Mansfield J indicated in Smith v 600 Machinery Australia Pty Ltd [1996] FCA 1029 , O 23 of the Federal Court Rules provides a structure which encourages the parties throughout a proceeding to offer and to consider a fair and reasonable compromise of their proceeding while also providing a party with the means of protec... |
17,129 | Case17276 | applied | Nguyen v Minister for Immigration and Citizenship [2007] FCAFC 38 | main factors relevant to the exercise of the discretion are the applicant's prospects of success on an appeal, and whether a sufficient explanation for the delay has been provided: Nguyen v Minister for Immigration and Citizenship [2007] FCAFC 38 at [20] and [27]. Explanation for delay I will deal first with the explan... |
20,407 | Case20593 | cited | Vetter v Lake Macquarie CC [2001] HCA 12 ; (2001) 202 CLR 439 | In Blatch v Archer (1774) 1 Cowp 63 at 65, 98 ER 969 at 970 Lord Mansfield CJ observed, in a passage approved in Weissensteiner v The Queen [1993] HCA 65 ; (1993) 178 CLR 217 at 225 per Mason CJ, Deane and Dawson JJ and in Vetter v Lake Macquarie CC [2001] HCA 12 ; (2001) 202 CLR 439 at 454 [36] per Gleeson CJ, Gummow ... |
720 | Case730 | referred to | Ruddock v Vadarlis [2001] FCA 1865 ; (2001) 115 FCR 229 | The power of the Court to make an order for costs derives from s 43 of the Federal Court of Australia Act 1976 (Cth). Costs ordinarily follow the event and are awarded on a party-party basis, unless there are particular or special circumstances which warrant the Court departing from this practice and making some other ... |
4,706 | Case4753 | applied | Conway v Rimmer [1968] UKHL 2 ; [1968] AC 910 | of public interest immunity require the Court to decide whether the administration of justice will be impaired or perhaps even frustrated by the withholding of relevant evidence in favour of a greater public interest, namely, that harm shall not be done to the nation or the Public Service by the disclosure of the mater... |
4,229 | Case4273 | cited | C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 | As to the settled principles to be applied in an application pursuant to O 15A, r 6, the principles are these: the rule is to be beneficially construed and afforded the fullest scope its language reasonably allows; the 'proper brake' upon any excesses in the application of the rule lies in the exercise of the court's d... |
17,116 | Case17263 | referred to | Georgiou v Old England Hotel Pty Ltd [2006] FCA 705 | In assessing a compromise under s 33V of the Act, the Court's task is an onerous one particularly in circumstances such as the present where the application is unoppossed: see Lopez v Star World Enterprises Pty Ltd (in liq) (1999) ATPR 41-678 at [16]. The Court is required: (1) to assess whether the proposed settlement... |
12,184 | Case12298 | discussed | St Leonards Property Pty Ltd v Ambridge Investments Pty Ltd (admins apptd) [2004] NSWSC 851 ; (2004) 50 ACSR 443 | St Leonards Property Pty Ltd v Ambridge Investments Pty Ltd (admins apptd) [2004] NSWSC 851 ; (2004) 50 ACSR 443 , Barrett J made an order bringing the administration of a company to an end. The improper purpose of the director and appointor in that case was to manipulate the "relation-back day" to his benefit. I shoul... |
6,872 | Case6937 | cited | Angelides v James Stedman Hendersons Sweets Ltd [1927] HCA 34 ; (1927) 40 CLR 43 | In this area of the law the courts constantly endeavour to keep pace with the progress of trade by adapting fundamental doctrines to advancing methods and changing circumstances: Angelides v James Stedman Hendersons Sweets Ltd [1927] HCA 34 ; (1927) 40 CLR 43 at 59-60 per Isaacs ACJ; ConAgra Inc v McCain Foods (Aust) P... |
17,166 | Case17314 | cited | Walker v Citigroup Global Markets Australia Pty Ltd [2006] FCAFC 101 | Boston argued that GE Capital had to take the allegations in the statement of claim at their highest in an argument of the present kind. It pointed to the decision of the Full Court in Walker v Citigroup Global Markets Australia Pty Ltd [2006] FCAFC 101 at [77] which held that where there were inconsistent terms within... |
10,643 | Case10747 | followed | Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates (Australia) Pty Ltd (1986) 13 FCR 46 | Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates (Australia) Pty Ltd (1986) 13 FCR 46 , Burchett J was faced with circumstances similar to those in Harpur in that the individual who was the only shareholder in the applicant company with a substantial interest in any proceeds of the litigation, was al... |
1,328 | Case1348 | cited | Blackwood Hodge (Aust) Pty Ltd v Collector of Customs (NSW) (1980) 47 FLR 131 | The authorities are clear that: • On administrative review under the AAT Act the Tribunal is the arbiter of the facts: Repatriation Commission v Thompson (1988) 82 ALR 352 at 357. Accordingly, in exercising its jurisdiction under s 44(1) AAT Act the task of the Court is to leave to the Tribunal decisions of fact,... |
14,681 | Case14808 | considered | Deputy Commissioner of Taxation v Brown [1958] HCA 2 ; (1957-1958) 100 CLR 32 | There is also good reason not to imply any such intention. In Deputy Commissioner of Taxation v Brown [1958] HCA 2 ; (1957-1958) 100 CLR 32 , at 40-41 Dixon CJ noted, albeit as he acknowledged without at the time a judicial decision to that effect, that it was generally assumed that " under the Constitution liability f... |
12,752 | Case12870 | cited | Fencott v Muller [1983] HCA 12 ; (1983) 152 CLR 570 | next matter to be considered is the claim of secondary liability of the Directors under the TPA. The principles are well established. Natural persons will be liable in damages for a contravention by a corporation if they had a "close, rather than a remote involvement in the contravention": Fencott v Muller [1983] HCA 1... |
22,791 | Case22995 | cited | House v The King [1936] HCA 40 ; (1936) 55 CLR 499 | An appeal from a discretionary decision by a trial judge attracts special principles. In such a case, the question is not whether the judges composing the appellate court, or a judge considering an application for leave to appeal, would have taken a different course if they were in the position of the primary judge; it... |
22,901 | Case23106 | followed | Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536 ; (1993) 46 FCR 225 | notion that Bitech should pay Garth Living's costs on an indemnity basis is based upon Garth Living's contention that Bitech unreasonably rejected a settlement offer made by Garth Living. The relevant principles are to be found in Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536 ; (1993) 46 FCR 225 at 233 234... |
6,648 | Case6713 | cited | Buckland v Buckland [1900] 2 Ch 534 | supports an argument that the agreement recorded in the recitals for CREC to build or "execute" the railway should be given effect and should be treated as an agreement between FMG and CREC even where the operative provisions of the framework agreement do not contain such a provision and there is nothing inconsistent w... |
16,321 | Case16451 | cited | Minister for Community Services and Health v Chi Keong Thoo (1988) 78 ALR 307 | similar view of the meaning of a term such as "special circumstances" is to be found in the judgment of the Full Court in Minister for Community Services and Health v Chi Keong Thoo (1988) 78 ALR 307 at 324. |
24,399 | Case24619 | referred to | Australian Securities Commission v McLeod (1994) 54 FCR 309 | It was not open to the court to make an order for default judgment except on the bringing of a motion supported by evidence as to the merits of the application: see Australian Securities Commission v McLeod (1994) 54 FCR 309 per Drummond J; see also for example Grey v Mango Prepaid Calling Cards Pty Limited [2004] FCA ... |
22,651 | Case22853 | cited | Australian Wool Innovation Ltd v Newkirk [2005] FCA 290 | The only other relevant authority appears to be Australian Wool Innovation Ltd v Newkirk (No 2) [2005] FCA 1307. That case involved an attempt to strike out a statement of claim in which reliance was placed on s 45DB(1) of the Trade Practices Act , among other causes of action. Hely J struck out those parts of the stat... |
13,195 | Case13315 | applied | Minister for Immigration v SZFML [2006] FCAFC 152 ; (2006) 154 FCR 572 | Neither counsel was able to refer to any decision directly on point. However, in Minister for Immigration v SZFML [2006] FCAFC 152 ; (2006) 154 FCR 572 at 585-587 [54] - [64] Spender, French and Cowdroy JJ considered the operation of Div 4 of Pt 7 of the Act in the context where an applicant for review had instructed h... |
8,450 | Case8524 | cited | ANZ Executors & Trustee Co Ltd v Qintex Australia Ltd (receiver and managers appointed) (1990) 8 ACLC 980 | Minister did not rely upon s 96.1 of the CATSI Act as providing the foundation for the Housing Associations incorporated under it to be enabled to enter into the proposed subleases. That may be simply because there are only three of them, and the condition precedent to the activation of each proposed sublease in clause... |
14,883 | Case15010 | applied | Alabama, New Orleans, Texas & Pacific Junction Railway Company, In re [1891] 1 Ch 213 | brief description of the two schemes for which approval is now sought is to be found in what I said when ordering the convening of the scheme meetings: see In the Application of United Medical Protection Limited [2007] FCA 631. The duty of the court when acting under s 411(6) of the Corporations Act 2001 (Cth) has been... |
12,709 | Case12827 | cited | Duus v Dalvella Pty Ltd [2007] FCA 1921 | The issues framed by the Statement of Claim prior to amendment are described comprehensively in Duus v Dalvella Pty Ltd [2007] FCA 1921 ( 'Duus v Dalvella' ). That decision determined, largely unfavourably to Dalvella and Donemate, their challenge to the adequacy of particulars given by the Trustees of the Statement of... |
3,699 | Case3737 | cited | Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6 ; (1996) 185 CLR 259 | The applicant concedes, "The Respondent's reasons cannot be construed as if they were as statute, or with an eye finely attuned for error." This statement adopts the thrust of the observations of the Full Court in Collector of Customs v Pozzolanic (1993) 43 FCR 280, including the mis-combination of visual and aural sen... |
23,366 | Case23579 | referred to | Perpetual Trustees (WA) Ltd v Equuscorp Pty Limited [1999] FCA 925 | AACo submits that the majority judgment in Telstra Corporation remains good law and relies upon Perpetual Trustees (WA) Ltd v Equuscorp Pty Limited [1999] FCA 925 at [16] and DSE Holdings Pty Limited v Intertan Inc & Anor [2003] FCA 384. |
23,013 | Case23225 | cited | VAQ v Minister for Immigration & Multicultural Affairs [2002] FCA 170 | The " making of an application within the prescribed time is an essential preliminary to the exercise of the RRT's function ": Fernando v Minister for Immigration & Multicultural Affairs [2000] FCA 324 at [31] , [2000] FCA 324 ; 97 FCR 407 at 415 per Heerey J. Justice Finkelstein at [48] referred to the " need for ... |
15,314 | Case15442 | cited | Young v Commissioner of Taxation [2008] FCA 1908 | lack of compliance was not articulated with any great precision or clarity. It was said that the grounds in the amended draft notice of appeal 'are little more than a duplication of the alleged question of law'. Grounds 4(a) to 4(j) differ only from the corresponding alleged questions of law in two ways: first, the wor... |
14,725 | Case14852 | cited | Bellgrove v Eldridge [1954] HCA 36 ; (1954) 90 CLR 613 | The situation has some similarity to assessing damages where building work is defective. Recently, Finkelstein and Gordon JJ said that, speaking generally in cases of work done or not done, or damage caused to property in breach of contract, there are two bases for assessing damages: first, the cost of reinstatement, o... |
16,003 | Case16133 | distinguished | Griggs v Noris Group of Companies (Including SA Helicopters Pty Ltd and Captured Pty Ltd) (2006) 94 SASR 126 | The University further complained of Dr Wearne's failure to identify the basis upon which an implication of the kind which she alleges may be made. However, as I understand Dr Wearne's case, she will contend that the implied term presently pleaded in par 10 of the Statement of Claim is to be implied as a matter of law ... |
13,298 | Case13418 | referred to | Ricochet Pty Ltd and Others v Equity Trustees Executor and Agency Company Ltd [1993] FCA 99 ; (1993) 41 FCR 229 | Ricochet Pty Ltd and Others v Equity Trustees Executor and Agency Company Ltd [1993] FCA 99 ; (1993) 41 FCR 229 Lockhart, Gummow and French JJ rejected the submission that, in accordance with the observations of Wilson J in Gould v Vaggelas (1985) 157 CLR 215 at 236-238 the trial judge was bound to infer, in the absenc... |
17,739 | Case17891 | cited | Lenijamar Pty Ltd and Others v AGC (Advances) Limited (1990) 27 FCR 388 | J was the docket judge and had management of the proceeding from its inception. Tamberlin J reserved his decision, having had the benefit of argument from counsel for the respondents and counsel for the applicant, although the applicant had represented herself up to that time. His Honour referred to authority and recog... |
7,049 | Case7114 | cited | Ultramares Corporation v Touche (1931) 174 NE 441 | Therefore, I do not consider that KPMG's liability could be described as fitting within the concept of being "in an indeterminate amount for an indeterminate time to an indeterminate class": see Ultramares Corporation v Touche (1931) 174 NE 441 at 444 per Cardozo CJ. |
5,050 | Case5098 | considered | Tippett v Australian Postal Corporation (1998) 27 AAR 40 | Australia Post points out that the Tribunal was referred to Tippett v Australian Postal Corporation (1998) 27 AAR 40 , which inaccurately summarised the joint judgment of Evatt and Sheppard JJ in Beattie as stating that an injury will be aggravated if the experience of the injury is increased or intensified. In fact, t... |
4,059 | Case4100 | referred to | R v Burdett (1820) 4 B & Ald 95 | I can see no error of law (and a good deal of common sense) in the clear inference drawn by the tribunal that Mr Seymour had purported to act as a solicitor before Blanch J made his order. Mr Seymour had knowledge of the facts and he cannot complain that having failed fully and clearly to provide them to the tribunal, ... |
18,634 | Case18803 | cited | Gooley v Westpac Banking Corporation (1995) 129 ALR 628 | The respondent submits further that as s 32 DD Act provides that contravention of disability standards is unlawful , public rights are created. However the fact that legislation provides that conduct is "unlawful" does not of itself mean that exclusively public rights of enforcement exist in relation to that legislatio... |
3,448 | Case3486 | cited | Dey v Victorian Railways Commissioners [1949] HCA 1 ; (1949) 78 CLR 62 | While it is permissible for evidence to be adduced in proceedings such as these (see Re Elders Australia Ltd; Super John Pty Ltd v Futuris Rural Pty Ltd (No 2) (unreported, Foster J, 24 December 1997); Munnings v Australian Government Solicitor [1993] HCA 66 ; (1994) 118 ALR 385, at 389; Dey v Victorian Railways Commis... |
12,412 | Case12527 | cited | Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 ; (2001) 206 CLR 323 | The appellant contended that, by virtue of the way it dealt with the behaviour modification claim, the Tribunal's decision is marred by jurisdictional error: the Tribunal asked itself the wrong question, and as a result it failed to consider the appellant's claim properly: see generally Craig v South Australia [1995] H... |
19,095 | Case19267 | referred to | Khan v Minister for Immigration and Multicultural Affairs [2000] FCA 1478 | when faced with a claim such as the present, which centres upon an allegation of long standing and insidious anti-Semitism, and which the husband contended was still prevalent in Latvia, the Tribunal was bound to consider that claim. It had to consider each incident of alleged discrimination, not merely in isolation, b... |
22,707 | Case22911 | cited | Hepples v Commissioner of Taxation [1992] HCA 3 ; (1991-1992) 173 CLR 492 | These are not the only principles of statutory construction which are at large in this case. The GST Act is a taxing statute. Giving full measure to the reminders offered in Project Blue Sky v ABA , it remains the case, in my opinion, that the subjection of a person to tax by Parliament requires clarity of language, no... |
10,993 | Case11102 | referred to | Re Minister for Immigration and Multicultural Affairs; Ex Parte Miah [2001] HCA 22 ; (2001) 206 CLR 57 | In VXDC, Heerey J was of the view that an examination of the explanatory statement of the Migration Legislation Amendment (Procedural Fairness) Act 2002 (Cth) and the second reading speech made it plain that the intention of the 2002 amendment was to reverse the effect of the decision of the High Court in Re Minister f... |
5,658 | Case5717 | discussed | McCarthy v McIntyre [2000] FCA 1250 | The matter was then remitted to the primary judge to make factual findings. The remittal judgment was also appealed. In that appeal ( McCarthy v McIntyre [2000] FCA 1250) , Whitlam, Emmett and Hely JJ found, at [53]: "there is no basis for concluding that, if the valuation of the Tropicana Hotel had been in the order o... |
3,410 | Case3447 | cited | SZCIA v MIMA [2006] FCA 238 | In summary those submissions were that the reason for the Tribunal's decision was that the Tribunal, having read all the material and having evaluated its content and weight was unable to reach the specified mental state; that is the Tribunal was not satisfied that the appellant had a well founded fear of persecution b... |
12,285 | Case12400 | followed | Walton v Gardiner [1992] HCA 12 ; (1993) 177 CLR 378 | The leading High Court authority in respect of abuse of process is the decision in Walton v Gardiner [1992] HCA 12 ; (1993) 177 CLR 378. In that decision Mason CJ, Deane and Dawson JJ said at 392-3: 'Gleeson CJ and Kirby P considered that the Court of Appeal has power to make an order staying proceedings if it is satis... |
15,999 | Case16129 | cited | Burazin v Blacktown City Guardian Pty Ltd (1996) 142 ALR 144 | The University submitted that while an implied term of mutual trust and confidence is part of the law of the United Kingdom, there remains a question whether such a term may be implied by law in an Australian contract of employment. I accept that the law is not certain in this respect ( Heptonstall v Gaskin (No 2) (200... |
3,165 | Case3191 | distinguished | SZDMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1034 | In SZDMJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1034 Gyles J held that there was a clear republication of original claims made in a declaration by the applicant for review as part of his application for review. That declaration critically examined the reasons given by the delegat... |
21,406 | Case21593 | cited | Wilhelm v McKay [2005] FCA 792 | On 22 November 2004, the applicants sought leave to amend the primary application in accordance with a formulation of the decisions and conduct sought to be reviewed, reflected in a document described as Exhibit 'SWS2' to an affidavit of Mr Sharry. The applicants also sought discovery of particular documents. Those app... |
7,185 | Case7252 | cited | Cavoli v Etl [2007] FCA 1191 | was no dissent from the proposition that the Court has an implied jurisdiction to set aside a bankruptcy notice as an abuse of process: Re Sterling; Ex parte Esanda Ltd [1980] FCA 61 ; (1980) 44 FLR 125. And an abuse of process may be made out if the purpose in issuing the bankruptcy notice is to put pressure on a debt... |
19,241 | Case19413 | cited | McDermott v Richmond Sales (in liq) [2006] FCA 248 | Although references occur in the Authorities to the 'inherent jurisdiction' of the Court ( McDermott v Richmond Sales (in liq) [2006] FCA 248 , per Kenny J; Plantagenet Wines v Lyon Nathan Wine Group Australia Ltd [2006] FCA 247 , per Sciopis J) the term is an inaccurate description of the 'incidental and necessary pow... |
3,834 | Case3873 | cited | Hussain v Minister for Foreign Affairs [2008] FCAFC 128 ; (2008) 169 FCR 241 | Where confidential but prejudicial information is taken into account by a decision-maker, the Court may fashion its own procedures to determine whether the nature of the information is such as to reduce the obligation of procedural fairness to nothing: Nicopoulos v Commissioner for Corrective Services [2004] NSWSC 562 ... |
12,296 | Case12411 | followed | Colbeam Palmer Limited v Stock Affiliates Pty Ltd [1968] HCA 50 ; (1968) 122 CLR 25 | evidence before me proves, in my opinion, that the registered mark, GHD, has become well-known, and associated with hairstyling products of a particular good repute and quality. That being so, remarks made by Windeyer J in Colbeam Palmer Limited v Stock Affiliates Pty Ltd [1968] HCA 50 ; (1968) 122 CLR 25 are pertinent... |
8,039 | Case8113 | applied | GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2003] FCA 50 ; (2003) 128 FCR 1 | although the present state of the law in this country is not yet settled on whether it is possible to use post-contractual conduct as an aid to construction of a written contract, the more favoured view is that it is not: see Masterton Homes, at [114]; FAI Traders Insurance Co Pty Ltd v Savoy Plaza Pty Ltd [1993] 2 VR ... |
15,959 | Case16089 | applied | Thomas v New South Wales [2006] NSWSC 380 | Thomas v New South Wales [2006] NSWSC 380 (' Thomas' ), McClellan CJ at Common Law applied these principles to the documents which underpinned or supported the advice of counsel. His Honour stated at [17]: in the present case the primary document for which privilege was expressly waived was the advice of counsel, I can... |
2,074 | Case2096 | considered | Duncan v Chief Executive Officer, Centrelink (No 2) [2008] FCA 667 | Even in federal judicial review proceedings unconcerned with the Native Title Act , costs do not invariably follow the event. Duncan v Chief Executive Officer, Centrelink (No 2) [2008] FCA 667 (Finn J) offers a recent example. In that case, (at para 4) his Honour observed: Notwithstanding the ordinary principle of cost... |
14,040 | Case14164 | applied | Walton v Gardiner [1992] HCA 12 ; (1983) 177 CLR 378 at 393 | The Federal magistrate was satisfied that the present application fell within the principles addressed by Mason CJ, Deane and Dawson JJ in Walton v Gardiner [1992] HCA 12 ; (1983) 177 CLR 378 at 393, and concluded as follows in her reasons for judgment of 17 January 2006: 'I consider that the bringing of the current ap... |
11,388 | Case11500 | followed | Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others [1986] HCA 40 ; (1986) 162 CLR 24 | In these circumstances, the Court cannot substitute its own decision for that of the Tribunal: see Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others [1986] HCA 40 ; (1986) 162 CLR 24 per Mason J at 40-41. 31 Although it is inappropriate for the Court to trespass into the merits, the Court n... |
16,308 | Case16438 | cited | SZILQ v Minister for Immigration and Citizenship [2007] FCA 942 | If, in the circumstances, the Tribunal was under an obligation to put the inconsistent statements to the appellant for comment, that obligation could only have arisen if, and to the extent that, s 425 of the Act so dictated in the circumstances. It prescribed the opportunity that was to be given in circumstances such a... |
13,559 | Case13680 | cited | Australian Competition and Consumer Commission v Leelee Pty Ltd [1999] FCA 1121 | In Australian Competition and Consumer Commission v Leelee Pty Ltd [1999] FCA 1121 , Mansfield J said (at [61]): 'The principle recognised in Dietrich ... is a feature of the entitlement to procedural fairness, but it is confined to serious criminal proceedings. That decision was not intended to apply in respect of civ... |
5,662 | Case5721 | cited | National Australia Bank Ltd v Nobile (1988) 100 ALR 227 | Amendments to pleadings should be allowed if it would not be unjust to do so: see National Australia Bank Ltd v Nobile (1988) 100 ALR 227 at 235-6 per Davies J. In my view, that test cannot be satisfied in the present case. The fact is that the respondents have been denied the opportunity to put on further evidence as ... |
4,044 | Case4085 | referred to | Lane v Registrar of Supreme Court of NSW [1981] HCA 35 ; (1981) 148 CLR 245 | For my part, were I free to do so, I would regard all contempts which interfere with the course of justice or the due administration of the law ( Lane v Registrar of Supreme Court of NSW [1981] HCA 35 ; (1981) 148 CLR 245 at 257-258; Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd [1986] HCA 4... |
6,536 | Case6601 | related | Davis v Insolvency and Trustee Service Australia (No 1) [2009] FCA 562 | basis of the disqualification application is that, in light of a judgment which I delivered at 9.45 am this morning ( Davis v Insolvency and Trustee Service Australia (No 1) [2009] FCA 562), I should not proceed to hear the Motion because I had come to final views in respect of matters which inevitably arise for decisi... |
13,412 | Case13533 | cited | Al Raied v Minister for Immigration and Multicultural Affairs [2000] FCA 1357 | In Al Raied v Minister for Immigration and Multicultural Affairs [2000] FCA 1357 at [6] I deprecated the artificiality of a statement such as that purportedly made by SZJXW in this matter. I endorse the observation subsequently made by Madgwick J in SBAH of 2001 v Minister for Immigration and Multicultural and Indigeno... |
20,522 | Case20708 | considered | Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 ; Applicant S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30 ; (2003) 77 ALJR 1165 | Bond's Case , Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002; Applicant S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30 ; (2003) 77 ALJR 1165 has, materially, been decided. The implications of the judgments delivered in that case in relation to the judici... |
19,060 | Case19232 | cited | Corney v Brien [1951] HCA 31 ; (1951) 84 CLR 343 | Where a petitioning creditor relies on a judgment debt the Court must be satisfied as to the validity of the debt and, to that extent, it may be said that the judgment 'is never conclusive in bankruptcy'; Wren v Mahony [1972] HCA 5 ; (1972) 126 CLR 212 at 224. It is accepted however, that the Court will not investigate... |
17,699 | Case17851 | cited | Australian Competition and Consumer Commission v Ferndale Recyclers Pty Ltd [2004] FCA 1597 | The French factors and the Heerey factors have been applied in numerous subsequent Federal Court decisions: see, for recent examples, Australian Competition and Consumer Commission v D M Faulkner Pty Ltd [2004] FCA 1666 at [53] ; Australian Competition and Consumer Commission v Ferndale Recyclers Pty Ltd [2004] FCA 159... |
2,221 | Case2244 | cited | Brown v The Repatriation Commission [1985] FCA 194 ; (1985) 7 FCR 302 | Section 44 of the Tribunal Act provides that a party may appeal to the Federal Court, on a question of law, from any decision of the Tribunal. The existence of a question of law is not merely a qualifying condition to ground an appeal from a decision of the Tribunal. Rather, it and it alone, is the subject matter of th... |
3,658 | Case3696 | considered | Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72 ; (2005) 225 CLR 88 | fact that a decision-maker may later have chosen not to apply adverse information does not bear upon whether an affected person should be afforded an opportunity to deal with adverse information that is credible, relevant and significant to the determination to be made. A decision-maker can only dismiss information fro... |
257 | Case262 | cited | State of Western Australia v Wardley Australia Ltd (1991) 30 FCR 245 | Competition and Consumer Commission v Global Prepaid Communications Pty Ltd (ACN 095 154 108) (inliquidation) (No 2) [2006] FCA 157 (27 February 2006) [ Home ] [ Databases ] [ WorldLII ] [ Search ] [ Feedback ] Federal Court of Australia You are here: AustLII >> Databases >> Federal Court of Australi... |
12,465 | Case12582 | cited | Hudson v The Official Trustee & Ors [2007] FMCA 1357 | After the application was filed, a number of adjournments were occasioned by an application made by Mr Hudson in the Federal Magistrates Court ('the FMC application'). The FMC application, broadly, concerned the question of whether Mr Pascoe was validly appointed as Trustee of the Estate and whether the procedures subs... |
3,394 | Case3431 | followed | Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 | The applicant submitted that in fixing civil penalties, the Court should take account of the views of any relevant regulator as a specialist body, but that such views should not be treated as determinative. As much appears to be established by the decision of the Full Court in Minister for Industry, Tourism and Resourc... |
10,977 | Case11086 | referred to | Repatriation Commission v Bey (1997) 79 FCR 364 | As the language of s 120(3) makes clear, and as the High Court emphasised in Repatriation Commission v Owens (1996) 70 ALJR 904 at 904, the question whether a reasonable hypothesis is raised is to be determined on a consideration of the whole of the material before the decision-maker: see also Repatriation Commission v... |
2,202 | Case2224 | cited | Makhoul v Barnes (1995) 60 FCR 572 | In any event, the issue identified above is a question of law capable of being addressed on the evidence that was adduced before the Federal Magistrate. It does not appear that it was argued before his Honour that the dismissal by a Registrar of Mr Murdaca's application to have the bankruptcy notice set aside placed an... |
5,384 | Case5439 | referred to | Re ACM Gold Ltd (1992) 34 FCR 530 | By making the order that a meeting of members be convened to consider the proposed arrangement, the Court did no more than indicate that it was satisfied that the proposed arrangement outlined in the explanatory statement warranted consideration by members and the exercise of their commercial judgment, and that if the ... |
6,876 | Case6941 | cited | Burgess v Burgess (1853) 22 LJ Ch 675 | For over 150 years it has been the law that "nobody has any right to represent his goods as the goods of somebody else" per Turner LJ in Burgess v Burgess (1853) 22 LJ Ch 675 ; 3 De GM&G 896 at 904; [43] ER 351 at 354: AG Spalding & Bros v AW Gamage Ltd (1915) 84 LJ Ch 449 per Lord Parker of Waddington (with wh... |
13,160 | Case13280 | considered | Riddle v Riddle [1952] HCA 12 ; (1952) 85 CLR 202 | The genesis of this provision was s 57 of the Trustee Act 1925 (UK) which is in substantially the same terms. In Riddle v Riddle [1952] HCA 12 ; (1952) 85 CLR 202 the High Court considered the scope of the power of s 81 of the Trustee Act 1925 (NSW) which is in similar terms to the Victorian Act. The majority of the Hi... |
16,705 | Case16838 | applied | VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 | argument not raised at first instance may be raised on appeal where " it is expedient in the interests of justice to do so ": VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158. Kiefel, Weinberg and Stone JJ there concluded: [46] In our view, the application for leave to rely upon... |
21,823 | Case22020 | cited | Chacmol Holdings Pty Ltd v Handberg [2005] FCAFC 40 ; (2005) 215 ALR 748 | It is well established that what was said and done by parties to an agreement is part of the relevant context in which an agreement is construed: Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24 ; (1982) 149 CLR 337 , 348-53 (per Mason J) and Royal Botanic Gardens and Domain Trust v South Sydney ... |
20,468 | Case20654 | cited | Abebe v The Commonwealth (1999) 197 CLR 510 | in relation to this ground of appeal I note that it is for the appellant to make his case to the Tribunal, and not the reverse: Abebe v The Commonwealth (1999) 197 CLR 510 at 576. The third ground of appeal appears to be, to some extent, a variation of the first ground of appeal. In any event, however, it is clear that... |
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