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May 30, 2013
Virginia Nemeth (by her tutor) v Australian Litigation Funders Pty Ltd and Ors [2013] NSWSC 529   Judge Sackar J Decision See paragraph [328]. Catchwords CONTRACTS – heads of agreement – whether binding arrangement – use of extrinsic evidence in determining formation of contract – construction of contracts – use of extrinsic evidence in construction...
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Mokrzecki v Popham & Ors [2013] QSC 123     JUDGE: Philip McMurdo J ORDER: 1.  Paragraphs 35, 36, 38(b), 39, 54, 55, 57(b) and 58 of the third further amended statement of claim filed on 5 November 2012 take effect on and from 22 May 2012.2.  The application is otherwise refused. CATCHWORDS: PROCEDURE –...
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Oyston v St Patrick’s College [2013] NSWCA 135   Before Macfarlan JA at [1]; Barrett JA at [2]; Tobias AJA at [3] Decision Direct that the appeal be referred to the Registrar for the purpose of fixing a date for hearing of the outstanding issues of causation, damages and costs. Catchwords TORTS – negligence –...
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Baden Cranes Pty Ltd v Smith; Brambles Australia Ltd v Smith [2013] NSWCA 136   Before Basten JA at [1]; Ward JA at [87]; Tobias AJA at [88] Decision The Court directs that: (1) each party file and serve on each other party within three weeks of the date of this judgment a copy of...
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