Farah ConstructIons Pty Ltd v Say-Dee Pty Ltd
Jurisdiction | Australia Federal only |
Judge | Gleeson CJ,Gummow,Callinan,Heydon,Crennan JJ |
Judgment Date | 24 May 2007 |
Neutral Citation | 2007-0524 HCA B,[2007] HCA 22 |
Court | High Court |
Docket Number | S347/2006 |
Date | 24 May 2007 |
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713 cases
3 firm's commentaries
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The brewing controversy in Australia surrounding the application of the s 553C set-off defence to unfair preference claims
...the liquidator's argument, it would necessarily be departing from Re Parker. Citing Farah Constructions Pty Ltd v. Say-Dee Pty Ltd (2007) 230 CLR 89 at 151[135]), the Court considered it could only take this step if Re Parker was 'plainly wrong'. (As to whether this is the correct approach,......
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High Court to review availability of judicial review of adjudication determinations
...right to review for error of law on the face of the record 5 the approach required under Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 Robert RiddellDaniel Fitzpatrick func...
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High Court To Review Availability Of Judicial Review Of Adjudication Determination
...right to review for error of law on the face of the record 5 the approach required under Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22 Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to......
34 books & journal articles
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Mandatory sentencing for people smuggling: issues of law and policy.
...Ex parte DPP (Cth) [2012] QCA 345 (7 December 2012) [41]-[42] (Fraser JA). (362) See Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89, 151-2 [135] (Gleeson CJ, Gummow, Callinan, Heydon and Crennan (363) Bahar (2011) 255 FLR 80, 93 [55] (McLure P). (364) Ibid 91 [43] (McLure P......
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Restitution
...is based on the law of unjust enrichment. The Australian court has resisted this approach (Say-Dee Pty Ltd v Farah Construction Pty Ltd[2007] HCA 22), although there is some obiter support from English cases (Dubai Aluminium Co Ltd v Salaam[2002] 3 WLR 1913; [2002] UKHL 48 at [87]; Twinsect......
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UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...Randall, The Tort of Conversion (Hart Publishing, 2009) at pp 141–142. 138 However, in Farah Constructions Pty Ltd v Say-Dee Pty Ltd(2007) 230 CLR 89, the High Court of Australia held that information was not property for the purposes of a knowing receipt claim. 139 See, eg, Keech v Sandfor......
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SELF-DEALING AND NO-PROFIT RULES: COMPANIES ACT 2016
...much higher prices. See also Maguire & Tansey v Makaronis (1997) 188 CLR 449 at [466]. 54 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 236 ALR 209 at [107]. 55 A manifestation of this is the principle of unanimous consent. See Re Duomatic Ltd [1969] 2 Ch 365; EIC Services Ltd v Phip......
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