Demagogue Pty Ltd v Ramensky
Jurisdiction | Australia Federal only |
Neutral Citation | 1992-1120 FCA A |
Date | 1992 |
Year | 1992 |
Court | Federal Court |
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1 firm's commentaries
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Misleading silence and s52 Trade Practices Act 1974
...expressly cited with approval the comments of Justice Gummow in the earlier Federal Court decision of Demagogue Pty Limited v Ramensky (1992) 39 FCR 31 that 'unless the circumstances are such as to give rise to the reasonable expectation that if some relevant fact exists it would be disclos......
5 books & journal articles
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Dead loss: damages for posthumous breach of the moral right of integrity.
...et al (eds), Macquarie Dictionary (4th ed, 2005) 846. A similar definition was adopted by Cooper J in Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31, (74) Perez (2012) 260 FLR 1, 18 [102] (Driver FM). (75) Damages may also clearly assuage the plaintiff's injured feelings: see ibid 18-19 [104......
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A critical examination of how contract law is used by financial institutions operating in multiple jurisdictions.
...v Jam Factory Pry Ltd (1981) 35 ALR 79, 86 (Fox J). (135) Henjo (1988) 39 FCR 546, 555, 557 (Lockhart J); Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31, 32 (Black C J); Kimberley NZI Finance Ltd v Torero Pty Ltd [1989] ATPR (Digest) [paragraph]46054, 53 195 (French (136) See Leanne Trouton,......
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The truth about honesty and candour in mediation: what the tribunal left unsaid in Mullins' case.
...or representation, and that silence can be considered misleading or deceptive in certain circumstances: Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31, approved by the High Court in Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357, 369 [17]-[18......
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Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions
...137 The genesis of the ‘reasonable expectation’ approach is to be found in the judgment of Gummow J in Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31,41. 138 See ACCC v Excite Mobile Pty Ltd (2013) ATPR 42–437 (Mansfield J); ACCC v Harvey Norman Holdings Limited (2011) ATPR 42–384 (Collier J......
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