Aktas v Westpac Banking Corporation Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Hayne JJ.,Heydon J.,Kiefel J. |
| Judgment Date | 04 August 2010 |
| Neutral Citation | [2010] HCA 25,2010-0804 HCA A |
| Docket Number | S3/2010 |
| Court | High Court |
| Date | 04 August 2010 |
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28 cases
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Papaconstuntinos v Holmes a Court
...privilege, by way of conclusion and confirmation that those purposes have been met in a particular case. As was explained in Aktas v Westpac Banking Corporation82 and in Cush v Dillon83, notions of public policy are the foundation of the privilege. The policy of the law is that freedom of c......
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Harbour Radio Pty Ltd v Trad
...577 [ 150 ER 244 at 246]. 109 (2011) 243 CLR 298 at 305 [12] per French CJ, Crennan and Kiefel JJ; [2011] HCA 30; see also Aktas v Westpac Banking Corporation (2010) 241 CLR 79 at 89 [22], 108–109 [89]–[91]; [2010] HCA 25. 110 Toogood v Spyring (1834) 1 Cr M & R 181 at 193 [ 149 ER 10......
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Momcilovic v The Queen
... ... development, the following remarks by Dixon J in Melbourne Corporation v The Commonwealth 341 are pertinent here: ‘The ... Palme (2003) 216 CLR 212 at 224 [40]–[41]; [2003] HCA 56 ; Aktas v Westpac Banking Corporation (2010) 241 CLR 79 at 101 [68], 105 [78]; ... ...
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Cush v Dillon
...Court considered the requirement of reciprocity of duty or interest necessary to attract the defence, and it did so again in Aktas v Westpac Banking Corporation 46. Also in Bashford the Court rejected a submission that on the facts of that case inaccuracies in the report of court proceeding......
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2 firm's commentaries
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High Court holds dishonouring cheques was defamatory and awards damages
...for defamation if it cannot establish a defence of qualified privilege. The High Court in Aktas v Westpac Banking Corporation Limited [2010] HCA 25 held that a notice of dishonour of a cheque due to a bank's error was not protected by the common law defence of qualified privilege. The manag......
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Your Bank Wrongly Bounces Your Cheque. Can You Sue?
...Counsel analyses the Australian decision and its potential impact on New Zealand law. The facts Aktas v Westpac Banking Corporation Ltd [2010] HCA 25 (4 August 2010) concerned the sole shareholder of a real estate agency business ("Homewise") under a franchising agreement with Century 21 Au......