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[2018] WASCA 38
Court of Appeal (WA)
2018-04-06
Buss P, Murphy JA, Mitchell JA, Miere J
Original judgment source is linked above.
Issue 1: jurisdiction of the City to determine the development applications Statutory context
(a) providing that, despite any other provision of this Act or a planning instrument, a development application of a class or kind prescribed for the purposes of this paragraph -
(i) must be determined by a DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and
(ii) cannot be determined by a local government or the Commission.
a development application that:
...
(c) in the case of an application for development in a district outside of the district of the City of Perth - is for the approval of development that has an estimated cost of $10 million or more,
is of a class prescribed under section 171A(2)(a) of the Act.
Despite any other provision of the Act or a planning instrument, any DAP application for approval of development within a district for which a DAP is established:
(a) must be determined by the DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and
(b) cannot be determined by the local government for the district or the Commission.
(1) The applicant must, when lodging a DAP application, give to the relevant local government a completed notice in the form of Form 1 in Sch 3 and pay the relevant fee in Sch 1 to the Regulations.[8] The form requires the applicant to state the '[e]stimated cost of development'. The fees are specified by reference to the 'estimated cost of the development'.[9]
(2) On receipt of a DAP application, the local government must consider the application and all accompanying material and may require further specified information or documents.[10]
(3) Within seven days after the date on which it receives a DAP application, the local government must give a copy of the application and certain other material to the administrative officer of the relevant DAP.[11]
(4) The local government must give a report on a DAP application to the presiding member of the relevant DAP within a defined period.[12]
(5) Subject to presently immaterial exceptions, the provisions of the Act and the planning instrument under which a DAP application is made apply to the making and notification of a determination by the relevant DAP as if it were the responsible authority in relation to the planning instrument.[13]
the development or use of any land, including:
(a) any demolition, erection, construction, alteration of or addition to any building or structure on the land;
(b) the carrying out on the land of any excavation or other works.
The phrase 'development application' is relevantly defined to mean an application under a planning scheme for approval of development.
(1) The City had no jurisdiction to determine the KMart Application because the estimated cost of the KMart development in truth included the estimated cost of the site works necessary for the development and was more than $10 million.
(2) In substance the Site Works Application, the KMart Application and the ALDI Application comprised applications for a single development with an estimated cost of $13.5 million plus GST and therefore met the $10 million threshold.[14]
that a development application will be prescribed if the estimated cost of the 'development' is $10 million or more, whether approval for the entire works comprising that development is sought in one or more development applications.
The object of the DAP provisions is to streamline the development process, not to constrain the applications for development which a developer may make. It is not contrary to the purpose or objects of the DAP model to permit a developer to apply to a local government for approval of a development on a site and then subsequently apply to the local government for a further development on the site where each development application considered separately is not a mandatory DAP application, that is a development application which must be determined by a DAP.
It would require the local government to assess whether all aspects of the 'development application' are included in each application that is lodged. What criteria are to be applied given that the legislation does not say what forms part of a single development and what may be separate developments? If it is to be determined objectively, such a requirement will in effect mean that landowners will be confined as to the development approvals that they can seek by some unguided assessment made by a local authority of what the application should be for. An incorrect assessment would mean that it is determined by a local authority without jurisdiction resulting in invalidity. What is to happen where applications in respect of the same land are lodged weeks or months later? Are they then to be evaluated to see whether they form part of the same development? What if approval has been given of the earlier application in the meantime?
[T]o identify the estimated cost of 'development' for which approval is sought necessarily requires the identification of the estimated cost to carry out all works which the developer intends to carry out in order to complete the proposed physical alterations to the land so as to be able to put the land to the proposed use for which development approval is sought.
Issue 2: permitted uses under cl 4.4.2 of LPS 21 Provisions of the Act
Approval, refusal or approval subject to conditions of any use or class or kind of development by a consideration of any matter to which the Act relates including the public interest.
A local planning scheme or amendment to a local planning scheme, when approved by the Minister and published in the Gazette, has full force and effect as if it were enacted by this Act.
(a) To provide for conveniently-located shopping and other service associated commercial activities to service each centre's catchment area, as determined by the relevant planning framework.
(b) To maintain and reinforce the viability of existing commercial centres, including those supporting adjoining agricultural areas.
Objective
To make adequate provision for other commercial needs and opportunities not ideally located in the town centres of Busselton and Dunsborough whilst having regard to the strategic importance and need to maintain the commercial primacy of the town centres.
Policies
(a) To provide for development having relatively low traffic-generating characteristics, but not high turnover shops and offices that might more properly be located in the Business zone.
(b) To provide for relatively low intensity commercial and retail uses with extensive floor space requirements which, by the nature of the activity conducted, require relatively direct and easy access to motor vehicle parking areas for loading purposes.
(c) To provide for development which will not result in a detrimental impact on surrounding commercial centres or an overall adverse impact on commercial centres.
(d) To restrict development which is likely to contribute to ribbon development, the spread of town centres, or otherwise detrimentally impact the efficiency of main or arterial roads.
4.4.1. Where a specific use is mentioned in the Zoning Table, it is deemed to be excluded from the general terms used to describe any other use.
4.4.2. If a person proposes to carry out on land any use that is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use category the local government may:
(a) determine that the use is consistent with the objectives of the particular zone and is therefore permitted; or
(b) determine that the use may be consistent with the objectives and policies of the particular zone and thereafter follow the advertising procedures of clause 10.4 in considering an application for planning approval; or
(c) determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.
Notwithstanding anything contained in the Zoning Table, the land specified in Schedule 2 may be used for the specific use or uses that are listed in addition to any uses permissible in the zone in which land is situated subject to the conditions set out in Schedule 2 with respect to that land.
The additional use specified shall comprise a single discount department store with a gross leasable floor area of not less than 5,000m² and not more than 8,000m².
Under cl 4.3.2, a 'D' use is a use that is not permitted unless the City has exercised its discretion by granting planning approval.
In respect of a special control area shown on a Scheme map, or otherwise set out in the Scheme, the provisions applying to the special control area apply in addition to the provisions applying to any underlying zone or reserve and any general provisions of the Scheme.
Notwithstanding any other provisions of the Scheme, use and development of land identified on the Scheme map within a Special Provision area and specified in Schedule 3, shall be subject to those provisions listed within Schedule 3 specific to the land in addition to any provisions which are generally more applicable to such land under the Scheme.
[A]ll development on land zoned and reserved under the Scheme requires the prior approval of the local government. A person must not commence or carry out any development without first having applied for and obtained the planning approval of the local government under Part 10.
Clause 9.2 identifies 'permitted development' which, except as otherwise provided in the Scheme, does not require the planning approval of the City. Clearly, none of the development that is proposed on Lot 17 is identified as permitted development by cl 9.2 of LPS 21.
Planning approval may be granted:
(a) for the use or development for which the approval is sought;
(b) for that use or development, except for a specified part or aspect of that use or development; or
(c) for a specified part or aspect of that use or development.
"Discount Department Store" means a premises wherein a substantial range of consumer goods are kept in a substantial number of different departments and offered for sale by a single retailer but does not include a supermarket nor a supermarket component.
"Shop" means any building wherein goods are kept, exposed or offered for sale by retail, or within which services of a personal nature are provided (including a hairdresser, beauty therapist or manicurist) but does not include a showroom, fast food outlet or any other premises specifically defined elsewhere in this part.
"Showroom" means any building or part of a building used or intended for use for the purpose of displaying or offering for sale by wholesale or retail, automotive spare parts, carpets, large electrical appliances, furniture, hardware or bulky goods but does not include the sale by retail of foodstuffs, liquor or beverages, items of clothing or apparel, magazines, newspapers, books or paper products, china, glassware or domestic hardware, or items of personal adornment.
"Supermarket" means premises used to sell a range of food and household convenience goods by retail but does not include a discount department store, showroom or takeaway food outlet.
(1) The construction of 'Shop' as including a 'Discount Department Store' and a 'Supermarket' was not reasonably open on the text of cl 4.4.2, the Zoning Table and the definition of 'Shop' in pt 13 of LPS 21. The meaning that a 'Shop' includes a 'Discount Department Store' and a 'Supermarket' can only be achieved by rewriting cl 4.4.2, the relevant definitions or the relevant entries in the Zoning Table or some combination of those provisions.
(2) The construction advanced by the respondents is not absurd or unreasonable. A 'Discount Department Store' and a 'Supermarket' are 'D' uses in both the 'Business' and 'Restricted Business' zones. In each case the City can make a determination in accordance with cl 4.4.2 as to whether the use is permitted.
(3) The appellants did not state how the City and the Minister would have changed the text of cl 4.4.2, the Zoning Table and the definitions in pt 13 so as to give effect to the intention which the applicants attribute to the City and the Minister. Even if the court considers that the natural and ordinary meaning of the relevant statutory provisions produces a result that is unintended or the result of a drafting mistake or oversight, the court may only overcome the error or oversight if it is possible to state with certainty what words would have been adopted by the City and approved by the Minister had their attention been drawn to the problem. This principle constitutes an insurmountable hurdle for the appellants.
Where a specific use is mentioned in the Zoning Table, it is deemed to be excluded from the general terms used to describe any other use.
"Shop" means any building wherein goods are kept ... but does not include a showroom, fast food outlet or any other premises specifically defined elsewhere in this part.
(1) Lots 16 and 17 were rezoned 'Restricted Business' and 'Recreation', as depicted on the Scheme amendment map;
(2) There was a realignment of the boundary of a wetland on Lots 16 and 17 and nearby land, as depicted on the Scheme amendment map;
(3) Lots 16 and 17 were included in the 'Special Provision Area' under the equivalent to cl 6.3.1 of LPS 21 in terms reflecting those noted at [57] above;
(4) 'Additional Use' provisions were added allowing the use of the A64 Area as a 'Discount Department Store' subject to conditions;
(5) Definitions of 'Discount Department Store' and 'Supermarket', reflecting the current definitions in LPS 21, were added into Sch 1.
'Shop' means any building wherein goods are kept, exposed or offered for sale by retail ... but does not include a showroom, fast food outlet or any other premises specifically defined elsewhere in this part other than a 'Discount Department Store' or 'Supermarket'.
Another mechanism raised during the course of oral argument would be to read the following underlined words into the definition:[50]
'Shop' means any building including a 'Discount Department Store' or 'Supermarket' wherein goods are kept, exposed or offered for sale by retail ... but does not include a showroom, fast food outlet or any other premises specifically defined elsewhere in this part.
It has been said that to attribute an intention to the legislature is to apply something of a fiction. However, what is involved here is not the attribution of a collective mental state to legislators. That would be a misleading use of metaphor. Rather, judicial findings as to legislative intention are an expression of the constitutional relationship between the arms of government with respect to the making, interpretation and application of laws ... the preferred construction by the court of the statute in question is reached by the application of rules of interpretation accepted by all arms of government in the system of representative democracy. (citations omitted)
This Court has stated on many occasions that the task of statutory construction must begin with a consideration of the text itself. Historical considerations and extrinsic materials cannot be relied on to displace the clear meaning of the text. The language which has actually been employed in the text of legislation is the surest guide to legislative intention. The meaning of the text may require consideration of the context, which includes the general purpose and policy of a provision, in particular the mischief it is seeking to remedy. (citations omitted)
The danger that lies in departing from the ordinary meaning of unambiguous provisions is that 'it may degrade into mere judicial criticism of the propriety of the acts of the Legislature' ... it may lead judges to put their own ideas of justice or social policy in place of the words of the statute.
The starting point in consideration of the first question is the ordinary and grammatical sense of the statutory words to be interpreted having regard to their context and the legislative purpose. That proposition accords with the approach to construction characterised by Gaudron J in Corporate Affairs Commission (NSW) v Yuill [(1991) [1991] HCA 28; 172 CLR 319 at [340] as: 'dictated by elementary considerations of fairness, for, after all, those who are subject to the law's commands are entitled to conduct themselves on the basis that those commands have meaning and effect according to ordinary grammar and usage.' In so saying, it must be accepted that context and legislative purpose will cast light upon the sense in which the words of the statute are to be read. Context is here used in a wide sense referable, inter alia, to the existing state of the law and the mischief which the statute was intended to remedy. (some citations omitted)
The question whether the court is justified in reading a statutory provision as if it contained additional words or omitted words involves a judgment of matters of degree. That judgment is readily answered in favour of addition or omission in the case of simple, grammatical, drafting errors which if uncorrected would defeat the object of the provision. It is answered against a construction that fills 'gaps disclosed in legislation' or makes an insertion which is 'too big, or too much at variance with the language in fact used by the legislature'.(citations omitted)
Three matters of which the court must be sure before interpreting a statute in this way were the intended purpose of the statute, the failure of the draftsman and parliament by inadvertence to give effect to that purpose, and the substance of the provision parliament would have made. The third of these conditions was described as being of "crucial importance". Otherwise any attempt to determine the meaning of the enactment would cross the boundary between construction and legislation.
However, it is unnecessary to decide whether Lord Diplock's three conditions are always, or even usually, necessary and sufficient. This is because the task remains the construction of the words the legislature has enacted. In this respect it may not be sufficient that 'the modified construction is reasonably open having regard to the statutory scheme' because any modified meaning must be consistent with the language in fact used by the legislature. Lord Diplock never suggested otherwise. Sometimes, as McHugh J observed in Newcastle City Council v GIO General Ltd [(1997) [1997] HCA 53; 191 CLR 85 at 113], the language of a provision will not admit of a remedial construction. Relevant for present purposes was his Honour's further observation, '[i]f the legislature uses language which covers only one state of affairs, a court cannot legitimately construe the words of the section in a tortured and unrealistic manner to cover another set of circumstances'.
Lord Diplock's speech in Wentworth Securities laid emphasis on the task as construction and not judicial legislation. In Inco Europe Lord Nicholls of Birkenhead observed that even when Lord Diplock's conditions are met, the court may be inhibited from interpreting a provision in accordance with what it is satisfied was the underlying intention of Parliament: the alteration to the language of the provision in such a case may be 'too far-reaching'. In Australian law the inhibition on the adoption of a purposive construction that departs too far from the statutory text has an added dimension because too great a departure may violate the separation of powers in the Constitution. (some citations omitted)
Statutory construction involves attribution of legal meaning to statutory text, read in context. 'Ordinarily, that meaning (the legal meaning) will correspond with the grammatical meaning ... But not always'. Context sometimes favours an ungrammatical legal meaning. Ungrammatical legal meaning sometimes involves reading statutory text as containing implicit words. Implicit words are sometimes words of limitation. They are sometimes words of extension. But they are always words of explanation. The constructional task remains throughout to expound the meaning of the statutory text, not to divine unexpressed legislative intention or to remedy perceived legislative inattention. Construction is not speculation, and it is not repair. (citations omitted)
While their Honours were in dissent in Taylor, nothing in the majority judgment was inconsistent with the above statement of principle.
(1) The Agenda is not capable of assisting in ascertaining the meaning of Amendment 72. The Agenda is not one of the kinds of material identified in s 19(2) of the Interpretation Act. Further, at the time that Amendment 72 was made, the Act did not require the Agenda to be provided to the Minister when the amendment was forwarded to her for approval.[80] There is no evidence that the Agenda was in fact placed before the Minister. As noted above, the legislative effect of Amendment 72 required action by both the Minister and the City. In our view, a document which has not been proven to be before one of the officers exercising delegated legislative power does not assist in ascertaining the meaning of Amendment 72. Nor does it assist in ascertaining the meaning of LPS 21, which was made 7 years later.
(2) The proposed use of the Agenda is not one of the uses provided for by s 19(1) of the Interpretation Act, which enables consideration to be given to material:
(a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law; or
(b) to determine the meaning of the provision when:
(i) the provision is ambiguous or obscure; or
(ii) the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law leads to a result that is manifestly absurd or is unreasonable.
As explained above, the provisions of LPS 21 and Amendment 72 are not ambiguous or obscure, and the ordinary meaning conveyed by the relevant text does not lead to a result that is manifestly absurd or unreasonable. The Agenda is, in substance, sought to be used to reverse the ordinary meaning conveyed by the text of LPS 21 and Amendment 72, rather than to confirm that meaning.
(2) The history of amendments to the legislation under consideration in Cooper Brookes enabled an identification of the process by which one provision had become an 'anachronism'.[84] In the present case, the amendment on which the appellants rely was not made to the legislation being construed, but rather to its predecessor, and does not definitively reveal any obvious drafting error even at the point in time when the amendment was made.
(3) In Cooper Brookes, there was no rewriting of the unambiguous meaning of the text of the provisions. Rather a deeming provision was held not to apply to one part of the Act.
I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.
[3] References to the Regulations are to the Regulations as at the date of the approval of the development applications. The Regulations have been subsequently amended.
[5] Section 171A(1)(ba) makes similar provision for regulations allowing an applicant for development approval to elect to have a development of prescribed classes determined by a DAP.
[6] Reg 6 of the Regulations prescribes development applications for approval of developments outside the district of the City of Perth that have an estimated cost of $2 million or more and less than $10 million under s 171A(2)(ba) of the Act.
[14] Australian Unity Property Ltd as Responsible Entity for the Australian Unity Diversified Property Fund v City of Busselton [2017] WASC 236 (primary decision) [6].
[33] Appellants' submissions pars 42 - 43.
[37] See Green AB 276. The subsequently approved subdivision plan is at Green AB 486.
[42] Primary decision [22] - [32], summarised above.
[45] Planning and Development Act s 87(2).
[46] Planning and Development Act s 75, s 87.
[48] Government Gazette 22 June 2007 p 2896 - 97 (Green AB 576 - 577).
[51] Zheng v Cai [2009] HCA 52; (2009) 239 CLR 446 [28], in an observation adopted and applied in Lacey v Attorney General (Qld) [2011] HCA 10; (2011) 242 CLR 573 [43]; Queensland v Congoo [2015] HCA 17; (2015) 256 CLR 239; Alphapharm Pty Ltd v H Lundbeck A/S [2014] HCA 42; (2014) 254 CLR 247.
[52] Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 [47]. To similar effect, see Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 664 [22] - [23]; SZTAL v Minister for Immigration [2017] HCA 34; (2017) 91 ALJR 936 [14], [38].
[53] Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297, 305. See also, Corporate Affairs Commission of NSW v Yuill [1991] HCA 28; (1991) 172 CLR 319, 340.
[57] Re Shire of Mundaring; ex parte Solomon [2007] WASCA 132 [25].
[58] Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 [26].
[59] Certain Lloyd's Underwriters v Cross [25].
[60] Australian Education Union v Department of Education [2012] HCA 3; (2012) 248 CLR 1 [26] - [28].
[61] Taylor v The Owners - Strata Plan 11564 [2014] HCA 9; (2014) 253 CLR 531.
[63] Wentworth Securities v Jones [1980] AC 74, 105.
[64] Inco Europe Ltd v First Choice Distribution [2000] UKHL 15; [2000] 1 WLR 586, 592; [2000] UKHL 15; [2000] 2 All ER 109, 115.
[65] Minister for Immigration v SZJGV [2009] HCA 40; (2009) 238 CLR 642 [9].
[68] The term is only used in item A64 of Sch 2 and special conditions 8(b) and 15 in item SP39 of Sch 3 to LPS 21. In the latter case "Discount Department Store' is given its own specific definition.
[69] 'Amusement Machine' (used in the definition of 'Amusement Parlour'), 'Bulky Goods' (used in the definition of 'Showroom'), 'Dwelling' (which is used in a variety of definitions and elsewhere in LPS 21), 'Health Care Professional' (used in the definition of 'Professional Consulting Rooms'), 'Net Lettable Area' (used in the definition of 'Convenience Store', 'Rural Tourist Accommodation' (used in various definitions).
[70] 'The Act', 'Advertisement', 'Applicant', 'Building', 'Canal Frontage', 'Commission', 'Council', 'Dam', 'Floodway', 'Gazettal Date', 'Incidental Development', 'Mean High Water Mark', 'Natural Ground Level', 'Owner', 'Place', 'Stabilised Canal Edge', 'Waterway Frontage', 'Vegetation'.
[71] 'Entry Statement' is used in cl 5.35.5. 'Prime Agricultural Land' is used in Policy (a) of cl 4.2.6.
[72] 'Dry Industry', 'Generating Works', 'Jetty and Mooring Envelope', 'Major Road Frontage', 'Retirement Village', 'Stabilised Surface of a Lot'. The term 'Communal and Cluster Farming' is also defined in Sch 1 without being used elsewhere, although Objective (i) of cl 4.2.6 identifies encouraging 'the development of cluster or communal farming' as an Objective of the Agriculture Zone.
[73] Items A31, A39, A46 A60, A73. The term is also used in items A2 A14, and A21, but in a context that clearly excludes a 'Discount Department Store' or 'Supermarket'.
[74] Item SP39 in Sch 3 (conditions 8, 14 and 15) and item 15 in Sch 14.
[75] 'Club', 'Community Centre', 'Recreation Establishment' and 'Tourist Accommodation' have definitions with exclusionary components similar to the definition of 'Shop'.
[76] Clause 23 of, and item 64 of Sch 4 to, TPS 20.
[77] Clause 22 of TPS 20 read with the definitions of 'Shop' and 'Discount Department Store' in Sch 1 to TPS 20.
[80] The material to be forwarded to the Minister was identified by regs 13, 18 and 19 of the Town Planning Regulations 1967 (WA), which were in force when Amendment 72 was made.
[81] Cooper Brookes (305) per Gibbs CJ.
[82] Cooper Brookes (310) per Stephen J.
[83] Cooper Brookes (321) per Mason and Wilson JJ. At 318 - 319, their Honours also referred to judges in the Federal Court referring to the result as 'capricious and unjust'.
[84] Cooper Brookes (306 - 307), (311 - 312). For Stephen J this was critical: see (310).
[85] Epic Energy (Pilbara Pipeline) Pty Ltd v Commissioner of State Revenue [2011] WASCA 228; (2011) 43 WAR 186 [42], [150], [218] and cases there cited.
Citation : AUSTRALIAN UNITY PROPERTY LTD As Responsible Entity for the Australian Unity Diversified Property Fund -v- CITY OF BUSSELTON [2017] WASC 236
Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27
Alphapharm Pty Ltd v H Lundbeck A/S [2014] HCA 42; (2014) 254 CLR 247
Australian Education Union v Department of Education [2012] HCA 3; (2012) 248 CLR 1
Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297
Corporate Affairs Commission of NSW v Yuill [1991] HCA 28; (1991) 172 CLR 319
Epic Energy (Pilbara Pipeline) Pty Ltd v Commissioner of State Revenue [2011] WASCA 228; (2011) 43 WAR 186
Inco Europe Ltd v First Choice Distribution [2000] UKHL 15; [2000] 1 WLR 586, 592; [2000] UKHL 15; [2000] 2 All ER 109
Lacey v Attorney General (Qld) [2011] HCA 10; (2011) 242 CLR 573
Minister for Immigration v SZJGV [2009] HCA 40; (2009) 238 CLR 642
Queensland v Congoo [2015] HCA 17; (2015) 256 CLR 239
Re Shire of Mundaring; ex parte Solomon [2007] WASCA 132
SZTAL v Minister for Immigration [2017] HCA 34; (2017) 91 ALJR 936
Taylor v The Owners - Strata Plan 11564 [2014] HCA 9; (2014) 253 CLR 531
Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 664
Wentworth Securities v Jones [1980] AC 74
Zheng v Cai [2009] HCA 52; (2009) 239 CLR 446
(2012) 248 CLR 378
(1981) 147 CLR 297
(2011) 43 WAR 186
(2011) 242 CLR 573
(2009) 239 CLR 27
(2014) 254 CLR 247
(2012) 248 CLR 1
(1991) 172 CLR 319
(2009) 238 CLR 642
(2015) 256 CLR 239
(2017) 91 ALJR 936
(2014) 253 CLR 531
(2014) 250 CLR 664
(2009) 239 CLR 446