Review of expert calculation – Error of objective fact – Appeal against decision regarding finality of calculations under contract – Expert calculation based on erroneous data: [...]
GUARANTEE AND INDEMNITY Alteration Alteration of obligation: Corumo Hldgs v C Itoh [1991] 24 NSWLR 370; Pritchard v Djz Constructions Pty Ltd and Ors; Gilles and Anor v Djz Constructions Pty Ltd [...]
Absolute v Subject to Interest Unit trust — Whether beneficiary of unit trust has proprietary interest and therefore a caveatable interest — Absolute caveat — Whether justified — Whether [...]
Courts and Judges Access to Court File Application for access to statement of claim — Applicant journalist sought access to court file: Llewellyn v Nine Network Australia Pty Ltd [2006] FCA 836 [...]
Conversion and Detinue Conversion Right to possession — Claim for return of property: Brambles Australia Ltd (t/as CHEP Australia) v Tatale Pty Ltd [2004] NSWCA 232 Goods not property of [...]
ADMISSIBILITY ISSUES Whether ‘post-agreement’ admissions are admissible as to contractual intent: Factory 5 Pty Ltd v State of Victoria [2010] FCA 1229 Admissibility of parol evidence: FWS Joint [...]
The requirements of natural justice include: the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting and the subject matter that is being dealt [...]
Loss of the use of money is a head of damages – plaintiffs had suffered an economic loss by being deprived of the use of the money paid in unnecessary tax and had been deprived of the [...]
Agents & Brokers Whether agents knowledge of true facts imputable to insurer: Farrell v National Mutual Life Association of Australasia Ltd (1991) 2 Qd R 624 Brokers placed insurance with [...]
Principles applicable in determining whether contracts are unenforceable for statutory illegality discussed in Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75 at [36] and [37] as follows: [36] [...]
