Bp Refinery (Westernport) Pty Ltd v Hastings Shire Council
| Jurisdiction | Australia Federal only |
| Judgment Date | 1977 |
| Neutral Citation | 1977-0727 HCA A,[1977] HCA 40 |
| Year | 1977 |
| Date | 1977 |
| Court | High Court |
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...purposes do not need to refer further to them. Lord Neuberger's propositions are: “[18] In the Privy Council case BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266, 283, Lord Simon of Glaisdale (speaking for the majority, which included Viscount Dilhorne and Lord Keit......
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14 firm's commentaries
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Inside track: Property & Real Estate - in the media and cases
...entitling the Purchaser to relief against forfeiture of his interest in the land - BP Refinery (Westernport) Pty Ltd v Hastings SC (1977) 180 CLR 266; Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd [1979] HCA 51; (1979) 144 CLR 596; Simcevski v Dixon [2017] VSC ......
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Construction & Infrastructure - What's News - 19 August 2014
...surveyor under an obligation to inform owner that planning permit has expired – BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266. LIMITATION OF ACTIONS – Building Act 1993 (Vic) – Interpretation of legislation - Building actions – Limitation of actions – Whether 'lon......
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Construction & Infrastructure - What's News - 3 February 2015
...repudiation - termination - damages. Bellgrove v Eldridge (1954) 90 CLR 613 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 R......
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The standard of proof in workplace investigations
...that for a term to be implied, it must satisfy the tests set out in BP Refinery (Westernport) Pty Limited v Hastings Shire Council (1977) 180 CLR 266 at 282 to 283; Codelfa Construction Pty Limited v State Rail Authority of NSW [1982] HCA 24; 149 CLR 337 at 347 as It must reasonable and equ......
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5 books & journal articles
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RE-EXAMINING THE RELATIONSHIP BETWEEN MUTUAL PROMISES IN CONTRACT LAW.
...Pty Ltd v State Rail Authority of NS W (1982) 149 CLR 337 (' Codelfa); BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 ('BP (82) The test for implication of a term in fact in Australia requires satisfaction of five cumulative conditions, of which one is business eff......
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GOOD FAITH IN THE PERFORMANCE OF COMMERCIAL CONTRACTS REVISITED
...155 observed that the New South Wales Court of Appeal decisions (up to 2001) preferred good faith to be implied as a term by law. 68 (1977) 180 CLR 266 at 282–283. 69 [2013] 4 SLR 193. 70 See para 48 below. 71 See paras 39–50 below. 72 See, eg, Renard Constructions (ME) Pty v Minister for P......
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Implied Terms in Undisclosed Agency
...construction of the contract as a whole.25 Marks and Spencer ibid at [21].26 BP Renery (Westernport) Pty Ltd vShire of Hastings [(1977) 180 CLR 266, 283.27 Geys vSociete Generale [2012] UKSC 63; [2013] 1 AC 523 (Geys) at [55]; Lister vRomford Iceand Cold Storage Co Ltd [1957] AC 555 (Liste......
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Australian Broadcasting Corporation v Lenah Game Meats: privacy, injunctions and possums: an analysis of the high court's decision.
...(58) This is, for example, the first part of the first of the five-part test in BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266, 283 (Lord Simon, Viscount Dilhome and Lord (59) Lenah (2001) 185 ALR 1, 84-5, 86, 89. Gleeson CJ mentions English law briefly (at 11) but......
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