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] [...]
Comprehensive analysis of nature of goodwill: Commissioner of Taxation v Murry [1998] HCA 42 Distinctions between “site goodwill”, “personal goodwill”, “name goodwill” and “monopoly goodwill”: [...]
The test for whether an object has become affixed to land: PriceWaterhouseCoopers Legal v Perpetual Trustees Victoria Limited & Ors [2007] NSWCA 271 at [57]ff A prefabricated office building, [...]
Planetary science reveals that life on Earth is already middle aged. It arose around 3 billion years ago and has roughly the same stretch ahead of it. Over that time the sun will slowly, almost [...]
Here are some interesting statistics and observations regarding one of the 21st century’s most valuable resources: sand. Its from the New York Times article “The World’s Disappearing Sand” on 24 [...]
Relevant principles for distinguishing between equitable compensation and common law damages: Parker, In the matter of Purcom No 34 Pty Ltd (In Liq) (No 2) [2010] FCA 624 per Gordon J at [23]; [...]
Has the Government identified precisely where in Australia the critical points of vulnerability of our long-haul Internet infrastructure are? In the United States, it took four years of [...]
Easement of necessity The test is strict – mere inconvenience is insufficient: North Sydney Printing Pty Ltd v Sabemo Investment Corp Pty Ltd [1971] 2 NSWLR 150 Easement by prescription Use [...]