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[2011] VSC 454
Supreme Court of Victoria
2011-09-19
MUKHTAR AsJ
Original judgment source is linked above.
[1] The schedule of parties says Ainsworth Melbourne Properties Pty Ltd but the pleadings say only Westerway.
[2] The Hospital Products case [1984] HCA 64; , and ; at 197.
[3] The Hospital Products case [1984] HCA 64; (1984) 156 CLR 41 at 97.
[4] Breen v Williams (1995) 186 CLR 71 at 113.
[6] [1977] Ch 106 at 250.
[12] Spry, Equitable Remedies at p 420
[13] See Meagher Gummow and Lehane's, Equity Doctrines and Remedies (4th ed) at [34-030].
[15] [1977] Ch 106 at 250.
[17] See Handford, Limitation of Actions at [5.10.730].
[22] [2002] UKHL 48; [2002] 3 WLR 1913 at [140] following.
[23] [2004] VSCA 109 at [61].
Feiglin & Anor
Ainsworth & Ors [2011] VSC 454