Unnamed: 0 int64 3 25k | case_outcome stringclasses 5
values | case_title stringlengths 21 277 | case_text stringlengths 29 120k |
|---|---|---|---|
16,277 | applied | Telstra Corporation Ltd v Seven Cable Television Pty Ltd [2000] FCA 1160 ; (2000) 102 FCR 517 | Telstra Corporation Ltd v Seven Cable Television Pty Ltd [2000] FCA 1160 ; (2000) 102 FCR 517 Where a statute confers a discretion which in its terms is unconfined, the factors that may be taken into account in the exercise of the discretion are similarly unconfined, except in so far as there may be found in the subjec... |
20,303 | referred to | Canadian Aero Service Ltd v O'Malley 40 DLR (3d) 371 | Canadian Aero Service Ltd v O'Malley 40 DLR (3d) 371 The principles upon which the applicants rely are not in dispute. They are established in two authorities of the High Court and by a Canadian authority. The High Court authorities are Pilmer v Duke Group Ltd (in liq) [2001] HCA 31 ; (2001) 207 CLR 165 at [78] and Con... |
1,395 | followed | In re Powell's Trade Mark [1893] 2 Ch 388 | In re Powell's Trade Mark [1893] 2 Ch 388 A " trade mark " is defined by s 17 of the Trade Marks Act 1995 (Cth) as being: ... a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other pers... |
15,830 | considered | Re Application in the name of Apple Computer Inc (2007) 74 IPR 164 | Re Application in the name of Apple Computer Inc (2007) 74 IPR 164 As noted in Redberry , the Australian Designs Office ("ADO") considered the informed user standard in Re Application in the name of Apple Computer Inc (2007) 74 IPR 164 (" Apple ") and Icon Plastics Pty Ltd [2007] ADO 2 (5 July 2007) (" Icon "): see Ico... |
1,808 | cited | Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 3) [2006] FCA 1498 | Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 3) [2006] FCA 1498 This application for security for costs comes in the context of a dispute which has been the subject of multiple applications during the course of 2006 including adjournment of the original date of the trial ( Citrus Queensland Pty Ltd v Sunst... |
10,239 | referred to | Irish Shipping Ltd v Commercial Union Assurance Co Plc [1991] 2 QB 206 | Irish Shipping Ltd v Commercial Union Assurance Co Plc [1991] 2 QB 206 example, the general rule (that separate defences defeat the same interest criterion) did not prevent insurers being sued via representative orders in Irish Shipping Ltd v Commercial Union Assurance Co Plc [1991] 2 QB 206 , where a shipowners' contr... |
16,367 | followed | VWFP and VWFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 231 | VWFP and VWFQ v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 231 The Respondent Minister opposes the grant of relief. He seeks to define, and confine, the " issues " to be addressed for the purposes of s 425(1) as those defined by the delegate's decision initially refusing to grant t... |
13,604 | referred to | Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 | Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 The Court has an absolute and unfettered discretion to award costs but that discretion must be exercised judicially: see Trade Practices Commission v Nicholas Enterprises Pty Ltd (1979) 42 FLR 213 at 219. Any departure from the ordinary rule that costs shoul... |
19,409 | cited | Envestra Limited (ACN 078 551 685) v Commissioner of Taxation [2008] FCA 249 | Envestra Limited (ACN 078 551 685) v Commissioner of Taxation [2008] FCA 249 Effective 1 July 2002, Australia introduced a consolidation regime to allow a wholly owned group of resident entities to consolidate their tax position rather than be treated as separate entities. The consolidation regime is principally contai... |
24,202 | considered | Attorney-General in and for the United Kingdom v Heinemann Publishers Australia Pty Ltd [1988] HCA 25 ; (1988) 165 CLR 30 | Attorney-General in and for the United Kingdom v Heinemann Publishers Australia Pty Ltd [1988] HCA 25 ; (1988) 165 CLR 30 The courts of one country will not sit in judgment on the acts of the government of another done within its own territory. This principle of non-adjudication is consistent with the international ru... |
18,521 | applied | Luu v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 1021 | Luu v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 1021 In the context of decisions under s 501 it was not open to the applicant to challenge his conviction or the essential facts giving rise thereto: Luu v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 1021... |
13,936 | referred to | Australian Heritage Commission v Mount Isa Mines Ltd (1995) 60 FCR 456 | Australian Heritage Commission v Mount Isa Mines Ltd (1995) 60 FCR 456 my opinion, the question of reasonable practicability is not a jurisdictional fact. The question is whether 'reasonable practicability' is to be finally determined by the officer or only provisionally determined by him or her and finally determined ... |
7,938 | cited | Soldatow v Australia Council [1991] FCA 160 ; (1991) 28 FCR 1 | Soldatow v Australia Council [1991] FCA 160 ; (1991) 28 FCR 1 introduction of the requirement that administrative decision-makers provide reasons for their decisions (or do so on request from persons affected by those decisions) was a fundamental development in Australia's system of administrative law. In his 1989 Blac... |
10,136 | followed | Power v Aboriginal Hostels Limited [2003] FCA 1475 ; (2003) 133 FCR 254 | Power v Aboriginal Hostels Limited [2003] FCA 1475 ; (2003) 133 FCR 254 In Power v Aboriginal Hostels Limited [2003] FCA 1475 ; (2003) 133 FCR 254 Selway J held that it is the imputed disability which is relevant. His Honour said at [15]-[18]: 15 The next question is whether the appellant is unable to perform those dut... |
8,534 | cited | Stack & Anor v Elster Metering Pty Ltd & Ors [2005] HCATrans 445 | Stack & Anor v Elster Metering Pty Ltd & Ors [2005] HCATrans 445 Stack and GST made a further application to the High Court for special leave to appeal from the judgment and order of the Full Court of the Federal Court of 4 May 2001, which application was refused on 23 June 2005. ([2005] HCATrans 445). 45 In ar... |
15,152 | followed | Al-Kateb v Godwin [2004] HCA 37 ; (2004) 219 CLR 562 | Al-Kateb v Godwin [2004] HCA 37 ; (2004) 219 CLR 562 The claim that there is a serious question to be tried as to the "sterilisation" of the applicant's common law rights to instruct legal advisers and obtain legal advice can be rejected on any one of a number of grounds. The respondent's submission was that, assuming ... |
16,203 | considered | Fyna Foods Australia Pty Ltd v Cobannah Holdings Pty Ltd (No 2) [2004] FCA 1212 | Fyna Foods Australia Pty Ltd v Cobannah Holdings Pty Ltd (No 2) [2004] FCA 1212 question gives rise to a threshold issue were the offers genuine offers of compromise? The plaintiff submitted that they were not genuine offers of compromise, but rather were "invitations to capitulate by discontinuing the proceedings on a... |
3,301 | cited | Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (1004) [2004] HCA 32 ; 207 ALR 12 | Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (1004) [2004] HCA 32 ; 207 ALR 12 The reliance by the appellant's Counsel's on Azzi v Minister for Immigration and Multicultural Affairs [2002] FCA 24 ; (2002) 120 FCR 48 to support this ground was, in the Federal Magistrate's opinion, inappropria... |
20,504 | referred to | Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 | Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Moreover, it is well established that it is no part of the decision maker's duty to make out an applicant's case for him or her; see Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 at 170. The procedure is inquisitorial. It is f... |
7,617 | cited | Textile Clothing & Footwear Union of Australia v Lotus Cove Pty Ltd [2004] FCA 43 | Textile Clothing & Footwear Union of Australia v Lotus Cove Pty Ltd [2004] FCA 43 Thirdly, in those circumstances, it is appropriate to determine the penalty by reference to the "totality principle" as described by Finkelstein J in CPSU, The Community and Public Sector Union v Telstra Corporation Limited (2001) 108... |
1,530 | referred to | Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 670 | Zahid v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 670 In order to succeed on this appeal, the appellant must succeed on both the grounds that she advanced. This is because the appellant must satisfy each requirement of the visa to be eligible: see, e.g, Zahid v Minister for Immigr... |
23,799 | cited | Australian Broadcasting Commission v Parish (1980) 29 ALR 228; (1980) 43 FLR 129 | Australian Broadcasting Commission v Parish (1980) 29 ALR 228; (1980) 43 FLR 129 The factual findings that I have made require further findings that: (1) Lane and Primmer, on 20 and 21 October 2003, engaged in conduct that hindered and prevented LGB from acquiring services from Silvestri P/L. Threats and verbal intimid... |
4,674 | considered | SZBEL v Minister for Immigration & Multicultural & Indigenous Affairs [2006] HCA 63 ; (2006) 231 ALR 592 | SZBEL v Minister for Immigration & Multicultural & Indigenous Affairs [2006] HCA 63 ; (2006) 231 ALR 592 Mr Jordan of counsel, who appeared for the first respondent, brought to my attention the High Court of Australia decision in SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] H... |
14,031 | applied | Meehan v Jones [1982] HCA 52 ; (1982) 149 CLR 571 | Meehan v Jones [1982] HCA 52 ; (1982) 149 CLR 571 Meehan v Jones [1982] HCA 52 ; (1982) 149 CLR 571 concerned a special condition in a contract for the sale of land on which an oil refinery had been built as follows: 'This contract is executed by the parties subject to the following:- (a) the purchaser or his nominee ... |
15,165 | followed | Australian Securities and Investments Commission v Wiggins (1998) 90 FCR 314 | Australian Securities and Investments Commission v Wiggins (1998) 90 FCR 314 a reading of s 1323 demonstrates, it does not provide for a general freezing order of the kind sought by ASIC as its primary relief. Even the interim orders for which s 1323(3) provides are limited to orders of the kind applied for under subs ... |
8,052 | applied | Cohen & Co v Ockerby & Co Ltd [1917] HCA 58 ; (1917) 24 CLR 288 | Cohen & Co v Ockerby & Co Ltd [1917] HCA 58 ; (1917) 24 CLR 288 AMC was in breach of its obligation under cl 6.2. This disentitled it from recovering damages from Hamilton for breach of cl 6.2. The reason for this, it is said, is that being ready, willing and able to perform at the appropriate time is a conditi... |
20,108 | considered | M Dalley & Co Pty Ltd v Sims [1968] HCA 82 ; (1968) 120 CLR 603 | M Dalley & Co Pty Ltd v Sims [1968] HCA 82 ; (1968) 120 CLR 603 question of whether the directors of LND put the plaintiffs in a position where the only possible remedy was litigation, to use the arguendo comments of Kitto J in M Dalley & Co Pty Ltd v Sims [1968] HCA 82 ; (1968) 120 CLR 603 at 606, will depend ... |
24,364 | referred to | Telstra Corporation Ltd v First Netcom Pty Ltd [1998] FCA 656 | Telstra Corporation Ltd v First Netcom Pty Ltd [1998] FCA 656 Independent of its specific rebuttals of the second respondent's contentions, the applicant claims that the second respondent's conduct during the proceeding in relation to discovery should disentitle it to any award of indemnity costs. It relies upon the co... |
3,833 | considered | Gangemi v Australian Securities and Investments Commission [2003] FCA 494 ; (2003) 129 FCR 284 | Gangemi v Australian Securities and Investments Commission [2003] FCA 494 ; (2003) 129 FCR 284 In Stockbridge v Ogilvie (1993) 43 FCR 244 examinees sought judicial review of a direction given by an inspector appointed by the Australian Securities Commission to exclude their lawyer. French J appeared to assume (at 254),... |
6,278 | cited | Barren v Potter [1914] 1 Ch 895 | Barren v Potter [1914] 1 Ch 895 June 2006, Vogrig had joined the firm of WVL. I infer that Vogrig advised the Porchs in relation to the meeting of the board of directors of GSS that was notified for 16 June 2006. WVL forwarded the notice of meeting which allowed only one week's notice for the convening of the meeting. ... |
2,468 | referred to | Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd [2007] FCA 1868 ; (2007) 164 FCR 487 | Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd [2007] FCA 1868 ; (2007) 164 FCR 487 J in ASIC v West (2008) 100 SASR 496 at [203] adopted the same approach to the grant of declaratory relief in favour of ASIC. More recently a bare declaration was granted by Finkelstein J in Aus... |
24,766 | referred to | R v War Pensions Entitlement Appeals Tribunal; Ex parte Bott [1933] HCA 30 ; (1933) 50 CLR 228 | R v War Pensions Entitlement Appeals Tribunal; Ex parte Bott [1933] HCA 30 ; (1933) 50 CLR 228 was made to what Evatt J said in R v War Pensions Entitlement Appeals Tribunal; Ex parte Bott [1933] HCA 30 ; (1933) 50 CLR 228 at 256, when referring to a provision that the Tribunal was not bound by the rules of evidence: '... |
18,292 | applied | Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 | Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 It is plain that the examinable affairs of a company (as defined in s 53 of the Act) may include information as to the capacity of a person who is or may be liable to the company in the event of successful proceedings against that person: see Grosvenor Hill (Qld) ... |
199 | applied | The Lardil Peoples v Queensland [2001] FCA 414 ; (2001) 108 FCR 453 | The Lardil Peoples v Queensland [2001] FCA 414 ; (2001) 108 FCR 453 submission of Santos, Delhi Petroleum and the State that the application has no reasonable prospects of success is, in summary: (a) the Applicants do not seek a determination of native title in the present proceeding; (b) the definition of "future act"... |
18,169 | applied | Harrison v Schipp [2002] NSWCA 213 ; (2002) 54 NSWLR 738 | Harrison v Schipp [2002] NSWCA 213 ; (2002) 54 NSWLR 738 62 rule 4 confers what has been called an unlimited discretion, which of course must be exercised in a judicial manner. How the powers are to be used varies widely from case to case and each case must be decided on its own merits: Leary v Leary [1987] 1 WLR 72 at... |
19,500 | applied | Cooper Engineering Co Pty Ltd v Sigmund Pumps Ltd [1952] HCA 15 ; (1952) 86 CLR 536 | Cooper Engineering Co Pty Ltd v Sigmund Pumps Ltd [1952] HCA 15 ; (1952) 86 CLR 536 the respondent submitted that any emphasis solely on the similarities would be misconceived. In considering marks as a whole where they contain common words, one should look primarily to those aspects of the marks that are not common: C... |
5,014 | referred to | Aged Care Standards and Accreditation Agency Ltd v Kenna Investments Pty Ltd [2004] FCA 843 ; (2004) 138 FCR 428 | Aged Care Standards and Accreditation Agency Ltd v Kenna Investments Pty Ltd [2004] FCA 843 ; (2004) 138 FCR 428 The Senior Member then stated at [6]: In approaching the decision under the review as has been made clear by cases such as Aged Care Standards and Accreditation Agency Ltd v Kenna Investments Pty Ltd and Ano... |
17,112 | applied | Australian Competition and Consumer Commission v Chats House Investments Pty Ltd (1996) 71 FCR 250 | Australian Competition and Consumer Commission v Chats House Investments Pty Ltd (1996) 71 FCR 250 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 li... |
19,775 | referred to | Ramsden v Dyson [1866] 1 LRHL 129 | Ramsden v Dyson [1866] 1 LRHL 129 The last mentioned words appear to be a reference to the form of estoppel stated in Ramsden v Dyson [1866] 1 LRHL 129 (" Ramsden v Dyson ") at 170. That is to say, it refers to an equitable estoppel arising from an expectation created or encouraged by the words or conduct of the party ... |
23,726 | applied | Coulton v Holcombe [1986] HCA 33 ; (1986) 162 CLR 1 | Coulton v Holcombe [1986] HCA 33 ; (1986) 162 CLR 1 for the Appellant accepts what must inevitably be common ground as between the parties. It is thus accepted that a party is normally bound by the manner in which it has previously conducted its case: Metwally v University of Wollongong [1985] HCA 28 ; (1985) 60 ALR 68... |
20,126 | cited | Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 1253 ; (1994) 52 FCR 437 | Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 1253 ; (1994) 52 FCR 437 in safely relocating, the applicant is not expected to modify his or her behaviour in order to avoid persecution ( SZATV [2007] HCA 40 ; 233 CLR 18 ; Randhawa v Minister for Immigration, Local Government and Eth... |
22,089 | referred to | TGI Friday's Australia Pty Ltd v TGI Friday's Inc (1999) 45 IPR 43 | TGI Friday's Australia Pty Ltd v TGI Friday's Inc (1999) 45 IPR 43 elements of a cause of action in passing-off were identified by Lord Oliver in Reckitt and Colman Products Ltd v Borden Inc (1990) 17 IPR 1 at 7. In Vieright Pty Ltd v Myer Stores Ltd (1995) 31 IPR 361 at 369, the Full Court approved and summarised the ... |
1,481 | applied | SZEGT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1514 | SZEGT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1514 The appellant also complained that he was not given an opportunity to respond to the Tribunal's concerns about the Dum Dum Trinamool Yuba Congress letter which he tendered; however, as Barnes FM observed, s 422B of the Act , SZBDF... |
2,440 | referred to | McAuliffe v Secretary, Department of Social Security [1992] FCA 483 ; (1992) 28 ALD 609 | McAuliffe v Secretary, Department of Social Security [1992] FCA 483 ; (1992) 28 ALD 609 Tribunal set out the legal principles relevant to a determination of whether the applicant was "unemployed" within the meaning of that term in s 593(1) of the Act. He referred to the decision of Graham J in Secretary, Department of ... |
9,484 | cited | Briglia v Commissioner of Taxation [2000] ATC 4,247 | Briglia v Commissioner of Taxation [2000] ATC 4,247 It is also important to remember that the fact that an assessment may be incorrect or based upon insufficient facts does not demonstrate a lack of bona fides. In the decision of Briglia v Commissioner of Taxation [2000] ATC 4,247 the court held that two assessments wh... |
15,735 | cited | Attorney-General (NSW) v Quin (1990) 170 CLR 1 | Attorney-General (NSW) v Quin (1990) 170 CLR 1 identifying whether the administrative decision-maker (in this case the Tribunal) has engaged in an error of law giving rise to a question of law , it is necessary to precisely identify the "nature and quality" of the error and the legal principle that attracts a particula... |
16,403 | followed | Perpetual Trustee Co Ltd v Khoshaba [2006] NSWCA 41 | Perpetual Trustee Co Ltd v Khoshaba [2006] NSWCA 41 It is not alleged that Ms Nader acted as an agent for the Bank, so the question will be, after a finding is made about what explanation, if any, was given, how that affects the Bank's entitlement in all the circumstances to enforce the guarantees and mortgages against... |
279 | considered | Australian Broadcasting Tribunal v Bond [1990] HCA 33 ; (1990) 170 CLR 321 | Australian Broadcasting Tribunal v Bond [1990] HCA 33 ; (1990) 170 CLR 321 I do not think the orders made by the Tribunal which are under challenge constitute a decision under s 44(1) of the AAT Act. The substantive application before the Tribunal was an application for review of the delegate's decision under s 13 of t... |
24,300 | referred to | SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 | SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 The notice of appeal contains two grounds. The first is that the Tribunal breached its duty under s 424A of the Act . Although there was no argument put to me to support this allegation, I have had regard to the decisions and reasons of the Federal Magistra... |
11,328 | applied | Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 ; (1998) 194 CLR 355 | Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 ; (1998) 194 CLR 355 The argument before me has tended to centre on the provisions of section 39A subsections (8) and (9), particularly because it is in those provisions that some exception to the blanket effect of a certificate can be made if the A... |
7,529 | considered | Said v Butt [1920] 3 KB 497 | Said v Butt [1920] 3 KB 497 His Honour applied the principles expressed by McCardie J in Said v Butt [1920] 3 KB 497 at 505-506, where his Lordship said: 'But the servant who causes a breach of his master's contract with a third person seems to stand in a wholly different position. He is not a stranger. He is the alter... |
3,376 | considered | Peabody v Commissioner of Taxation (1993) 40 FCR 531 | Peabody v Commissioner of Taxation (1993) 40 FCR 531 Section 177D(b) requires the decision-maker to consider the eight matters referred to in the paragraph, and those matters alone, and to decide on the balance of probabilities if a certain conclusion would be drawn: Peabody v Commissioner of Taxation (1993) 40 FCR 531... |
5,768 | applied | Khatri v Price [1999] FCA 1289 ; (1999) 95 FCR 287 | Khatri v Price [1999] FCA 1289 ; (1999) 95 FCR 287 Once the documents were filed in the FMC, that Court had, at the very least, a limited jurisdiction to consider whether it had jurisdiction to deal with the application for an extension of time and with the substantive issues raised by the application. This proposition... |
5,836 | considered | Sinclair, Scott & Co Ltd v Naughton [1929] HCA 34 ; (1929) 43 CLR 310 at 327 | Sinclair, Scott & Co Ltd v Naughton [1929] HCA 34 ; (1929) 43 CLR 310 at 327 Finally, the Commissioner's reference to and reliance upon the parties' prior and subsequent conduct is misplaced. Where, as here, the language in context is not ambiguous, the Court may not look at the prior and subsequent conduct of the ... |
20,717 | applied | Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 | Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 As I am in entire agreement with the conclusions reached by her Honour on the proper approach to be taken to the question in a case such as the present particularly in light of observations made by the Full Court of this Court in Liberty Funding Pty Ltd v... |
12,188 | referred to | Boston Commercial Services Pty Ltd (ACN 114 658 070) v GE Capital Finance Australasia Pty Ltd (ACN 070 396 020) [2006] FCA 1352 ; (2006) 236 ALR 720 | Boston Commercial Services Pty Ltd (ACN 114 658 070) v GE Capital Finance Australasia Pty Ltd (ACN 070 396 020) [2006] FCA 1352 ; (2006) 236 ALR 720 Section 31A of the FCA Act empowers the Court to give judgment for a respondent if an applicant or appellant "has no reasonable prospect of successfully prosecuting [a] pr... |
1,901 | applied | Re Refugee Tribunal ex parte Aala [2000] HCA 57 ; (2000) 204 CLR 82 | Re Refugee Tribunal ex parte Aala [2000] HCA 57 ; (2000) 204 CLR 82 As Gaudron and Gummow JJ noted in Re Refugee Tribunal ex parte Aala [2000] HCA 57 ; (2000) 204 CLR 82 at 116-117 [80] - [81] it is sufficient that a denial of natural justice deprives the appellant of the possibility of a successful outcome (applying S... |
20,152 | followed | Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655 ; (1991) 33 FCR 397 | Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655 ; (1991) 33 FCR 397 No point has been taken by the appellant as to the late filing of this Notice and, in light of the first respondent's attitude to the procedural defect identified in the Notice, no point of substance arises from the late filing of that N... |
19,323 | cited | Hosokawa Micron International Inc v Fortune (1990) 26 FCR 393 | Hosokawa Micron International Inc v Fortune (1990) 26 FCR 393 Consistent with long established principle, some aspect of visual appeal to the eye has been critical to a design. Although AMP Incorporated v Utilux Pty Limited (1971) FSR 572 suggested a shape 'chosen' solely to perform functional requirements of an articl... |
9,117 | considered | Woodside Energy Ltd v Commissioner of Taxation for the Commonwealth of Australia [2006] FCA 1303 | Woodside Energy Ltd v Commissioner of Taxation for the Commonwealth of Australia [2006] FCA 1303 A similar approach, with which I agree was taken at an interlocutory level in Woodside Energy Ltd v Commissioner of Taxation for the Commonwealth of Australia [2006] FCA 1303 at [52] - [55] per French J (affirmed in [2006] ... |
19,764 | applied | Melway Publishing Pty Limited v Robert Hicks Pty Limited [2001] HCA 13 ; (2001) 205 CLR 1 | Melway Publishing Pty Limited v Robert Hicks Pty Limited [2001] HCA 13 ; (2001) 205 CLR 1 In Melway Publishing Pty Limited v Robert Hicks Pty Limited [2001] HCA 13 ; (2001) 205 CLR 1 (" Melway ") at [43] the majority justices observed that the notion of market power as the capacity to act in a manner unconstrained by t... |
10,742 | cited | Kallinicos v Hunt [2005] NSWSC 1181 ; (2005) 64 NSWLR 561 | Kallinicos v Hunt [2005] NSWSC 1181 ; (2005) 64 NSWLR 561 The Court's jurisdiction to restrain a legal practitioner from acting in proceedings is an exceptional one and discretionary. It must be exercised with appropriate caution and due weight must be given to the public interest in a litigant not being deprived of th... |
7,465 | applied | WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2 | WALT v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCAFC 2 Before proceeding to consider the Statement of Decision and Reasons in detail it is appropriate to have regard to the observations of Mansfield, Jacobson and Siopis JJ in WALT v Minister for Immigration and Multicultural and Indigen... |
1,122 | followed | Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 ; (2001) 208 CLR 199 | Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 ; (2001) 208 CLR 199 In Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 ; (2001) 208 CLR 199 , a majority of the High Court held that, where an interlocutory injunction is sought (inter alia) in respect of private ... |
13,236 | cited | Re Refugee Review Tribunal; ex parte Aala [2000] HCA 57 ; (2006) 204 CLR 82 | Re Refugee Review Tribunal; ex parte Aala [2000] HCA 57 ; (2006) 204 CLR 82 These conclusions can be fortified by the recognition, so often stated, that the Tribunal is engaged in an inquisitorial process: Re Ruddock; Ex parte S154 201 ALR at 450-451 [57]-[58], 455-6 [81], 457 [86] and [88]; Miah [2001] HCA 22 ; 206 CL... |
18,179 | referred to | Jelin Pty Ltd v Johnson (1987) 5 ACLC 463 | Jelin Pty Ltd v Johnson (1987) 5 ACLC 463 The Capital companies contend that the payments in this case did not give rise to a preference because there was never any debtor-creditor relationship between LSE and Capital Finance. It is submitted that that when the dealings between the Capital companies, LSE and the NAB ar... |
End of preview. Expand in Data Studio
README.md exists but content is empty.
- Downloads last month
- 7