Facts The Plaintiff was the liquidator of, and the Defendants were at directors of, The Dominion Insurance Company of Australia Ltd (“Dominion“). The Plaintiff sued on behalf of Dominion for the repayment of two sums of $380,000 and $450,000, with […]
Category: Civil Procedure
Clayton v Bant [2020] HCA 44
Facts The wife and husband married in Dubai in 2007 where they had a child and lived partly in the United Arab Emirates (“UAE“) and partly in Australia. The couple separated in 2013. The wife and child remained in Australia. […]
Alstom Power Ltd v Yokogawa Australia Pty Ltd (No2) [2006] SASC 87
Facts This decision concerned whether the applicant was entitled to have their costs paid on a forthwith basis for a failed application by the respondent to transfer the proceedings, rather than at the conclusion of the principle proceedings. The general rule […]
Colgate-Palmolive Company v Cussons Pty Limited (1993) 118 ALR 248
Facts Judgment was ordered in the underlying proceedings on 11 May 1993. The orders included orders that the applicants’ application be dismissed. Paragraph 5 of the orders required the applicants to pay the respondent its costs of the application and […]
Contract Mining Services Pty Ltd v Adelaide Brighton Cement Limited [2020] SASC 69
Facts Contract Mining Services Pty Ltd (“CMS“) filed an application for an order that a Judge of the Supreme Court disqualify himself from hearing the trial. CMS contended that a lay observer might reasonably believe that the Judge would not […]
Blair v Curran (1939) 62 CLR 464
Quotes “A judicial determination directly involving an issue of fact or of law disposes once [and] for all of the issue, so that it cannot afterwards be raised between the same parties or their privies. The estoppel covers only those matters which […]
Hardel Pty Ltd v Burrell & Family Pty Ltd [2009] SASC 77
Facts The Corporations Act 2001 (Cth) provides that a person may serve a statutory demand on a company where either a single debt, or the sum of two or more debts, owed by the company to that person equals or exceeds the […]
Flaherty v Girgis (1997) 126 CLR 574
Facts In Queensland on 19 November 1981, the Respondent suffered severe injuries after being hit by a motor vehicle driven by the Appellant. The Respondent normally lived in NSW but at the time of the accident she was on holiday […]
Briginshaw v Briginshaw (1938) 60 CLR 336
Facts In the course of divorce proceedings, Mr Briginshaw accused Mrs Briginshaw of adultery after they separated and she began “going to dances” and “living like a single woman“. Mrs Briginshaw and the co-respondent (the alleged partner in the affair) […]
Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57
Facts This case concerned an injunction on broadcasting by the Australian Broadcasting Corporation (“ABC“) of a documentary about the respondent, Mr O’Neill, entitled “The Fisherman”. In 1966, three children of the Beaumont family in South Australia disappeared. In November 1975, Mr […]
