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Catchwords: CONTACT – share sale agreement – business affected by fire before agreement – business made claims on insurance policies – whether amount received after agreement from insurer for uninsured losses caught by contractual clause – use of evidence of parties’ subjective intentions – primary judge erred in relying on evidence of intentions but construction nevertheless correct – appeal dismissed ...

Catchwords: MIGRATION — appeal from decision of the Federal Circuit Court to dismiss an application for judicial review of a decision to refuse to grant a Safe Haven Enterprise visa — where Minister not satisfied that the grant of the visa was in the national interest under cl 790.227 of the Migration Regulations 1994 (Cth) — where appellant convicted of, and sentenced for, a people smuggling offence but recognised as a refugee at risk of serious harm in his country of nationality and where appellant satisfied all other visa criteria and there was no evidence that he was entitled to enter and reside in a country other than his country of nationality, whether Minister did not consider the prospect of refoulement and the potential breach by Australia of its non-refoulement treaty obligations — whether, if so, the Minister was bound to do so — whether primary judge erred by making a finding of fact in the absence of evidence — whether Minister’s decision legally unreasonable because appellant not found to be a person whom the Minister considered a danger to Australia’s security within s 36(1C) of the Migration Act 1958 (Cth) or because it was made for the purpose of further punishing the appellant ...

Catchwords: TORTS – tort of deceit – alleged representations about filing proposed proceeding – representations not made or, if made, not knowingly false – inferences – reliance not established – causation not established – tort of deceit not committed – loss/damage not established –– loss of opportunity – aggravated and exemplary damages –– appeal dismissed and cross-appeal allowed TORTS – tort of collateral abuse of process – whether proceeding brought for an improper purpose and to achieve object outside scope of legal remedy – no improper purpose – no object outside scope of legal remedy – difference between an abuse of process and tort of collateral abuse of process – tort of collateral abuse of process not committed – appeal dismissed and cross-appeal allowed ...

Catchwords: TORTS – tort of deceit – alleged representations about filing proposed proceeding – representations not made or, if made, not knowingly false – inferences – reliance not established – causation not established – tort of deceit not committed – loss/damage not established –– loss of opportunity – aggravated and exemplary damages –– appeal dismissed and cross-appeal allowed TORTS – tort of collateral abuse of process – whether proceeding brought for an improper purpose and to achieve object outside scope of legal remedy – no improper purpose – no object outside scope of legal remedy – difference between an abuse of process and tort of collateral abuse of process – tort of collateral abuse of process not committed – appeal dismissed and cross-appeal allowed ...

Catchwords: EXTRADITION – appeal against decision of the Federal Court of Australia dismissing application under s 21 of the Extradition Act 1988 (Cth) (Act) challenging the orders of a magistrate that the appellant was eligible for surrender to the Republic of Chile under s 19(9) of the Act – whether the primary judge mischaracterised the extradition offences contained in the extradition request – whether the primary judge failed to recognise the violation of a “principle of legality” under s 19(2) of Act – whether the primary judge erred in concluding that a dual criminality requirement under s 19(2)(c) of the Act could not have been made out – whether the primary judge erred in concluding that the prosecution was not a result of political pressure under s 7(b) and 7(c) of the Act –where the appellant challenges that dual criminality is satisfied – whether the primary judge erred in failing to find that the effect of the Amnesty Law is such that the appellant has been ‘pardoned’ within the meaning of s 7(e) of the Act – where the appellant has not established any of the grounds of appeal – appeal dismissed ...

Catchwords: CORPORATIONS – directors and officers – fiduciary duties – duty to act in good faith in the best interests of company – duty not to use position as director or officer improperly – duty to ensure proper financial records kept – acting as director for two related entities – conflict of duty and interest EQUITY – fiduciary duties – conflict of interest and duty – acting as director for two related companies – involvement in transactions between companies –director holding 25% shares of one company – where one company holds a financial interest in the other and consequently shares in any benefits received by the director – when director inherits and continues an existing and accepted practice as between the companies ...

Catchwords: CONTRACTS — termination — repudiation of contract — implied refusal to perform — where purchasers raised requisitions on title — whether requisitions properly made — whether vendors adequately answered requisitions — whether vendors evinced intention no longer to be bound by contract CONTRACTS — termination — repudiation of contract — erroneous construction of contract — where vendors insisted on payment of default interest — whether repudiation by insisting on erroneous construction of contract ENVIRONMENT AND PLANNING — heritage conservation — protection of Aboriginal heritage — National Parks and Wildlife Act 1974 (NSW) — meaning of “Aboriginal object” LAND LAW — conveyancing — contract for sale — defect in title — whether presence of Aboriginal objects on land constitutes defect in title — whether Aboriginal objects on land — whether presence of Aboriginal objects constituted defect in title where land already subject to development constraints LAND LAW — conveyancing — contract for sale — termination in accordance with rule in Flight v Booth — whether presence of Aboriginal objects materially or substantially affected contract — no Aboriginal objects on land — no material or substantial effect LAND LAW — conveyancing — contract for sale — requisitions — where requisitions based on plausible contention of presence of Aboriginal objects — whether purchasers’ objections and requisitions on title properly made — whether vendors’ responses sufficient ...

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