Popular Terms
Fallon v Johnson [2018] VSC 273 at [19] - where a plaintiff suffers loss due to their motor vehicle being written off in a collision due to the negligence of the defendant, the ordinary principle that damages are compensatory applies, as...
Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564, cited - held that it is not in doubt that, where a decision-making process involves different steps or stages before a final decision is made, the requirements of...
Attorney-General (NSW) v Quin (1990) 170 CLR 1 - held that the judicial review of an administrative decision is not a procedure in the nature of an appeal which permits a general review of the decision or a substitution of the decision...
NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228, 123 FCR 298 - provides that in determining whether a decision made in purported exercise of a statutory power is invalid for exceeding that...
General Steel Industries Inc v Commissioner for Railways (NSW) (‘General Steel’) [1964] HCA 69; (1964) 112 CLR 125 - provides that the test of whether the respondent to the application for summary judgment has a ‘real’ as opposed to a...
KS v Veitch (No 2) [2012] NSWCCA 266; (2012) 84 NSWLR 172 - provides that at a later stage of the hearing of the application, the applicant may seek leave to use the protected counselling communication for some purpose, such as to...
Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd [1997] FCA 450; (1997) 145 ALR 36 - provides that application of the totality principle should ensure that, overall, a sentence or penalty is appropriate...
BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 - provides the principle that a term implied into a contract is one which it is presumed the parties would have agreed upon had they turned their minds to it.
Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd [2010] HCA 31; (2010) 241 CLR 357 - held that statutory claims for misleading or deceptive conduct require clear identification of the conduct said to be...
Bell v The Queen [2018] VSCA 281 - where an offence of dangerous driving causing death (constituted by a car turning at an intersection and striking a pedestrian) that involved inattention by the driver for perhaps four seconds was found...
Bellino v Australian Broadcasting Corporation [1996] HCA 47; (1996) 185 CLR 183 - Dawson, McHugh and Gummow JJ said that in this context “a subject of public interest mean[s] the actions or omissions of a person or institution engaged in...
Carson v John Fairfax & Sons Ltd [1993] HCA 31; (1993) 178 CLR 44 - provides that the award of damages for a defamation serves three purposes: consolation for personal distress and hurt; reparation for damage to the applicant’s...