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 […]
Category: Civil Procedure
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 […]
BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall [2019] HCA 45
Facts In the Westpac matter, Lenthall commenced representative class action proceedings in the Federal Court. Lenthall alleged that Westpac’s financial advisers breached their obligations in relation to advice given regarding life insurance policies. In the BMW proceedings, Brewster commenced representative […]
Aon Risk Services Pty Ltd v Australian National University (2009) 239 CLR 175
Facts On 18 January 2003, the Canberra bushfires destroyed Australian National University’s (“ANU“) Mt Stromlo Observatory . ANU’s insurance policy distributed the risk between three insurers. ANU commenced proceedings in December 2004 in the ACT Supreme Court against the insurers.The insurers […]
Mareva Compania Naviera SA v International Bulkcarriers SA The Mareva [1980] 1 All ER 213
Facts The plaintiffs, Mareva Compania Naviera SA (“the Shipowners”) owned the vessel, “the Mareva”. The Shipowners issued a writ on 25 June 1975 claiming against the defendants, International Bulkcarriers SA (“the Charterers”), unpaid hire and damages for repudiation of a […]
Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers & Managers Appointed) [2018] HCA 12
Facts Clone Pty Ltd (lessor) entered into a lease agreement with Players Pty Ltd (lessee) for a premises on Pirie Street in Adelaide. The proposal was that this premises would become the “Planet Hotel” – a licensed hotel with gaming […]
