Friend v Brooker
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Hayne,Bell JJ,Heydon J. |
| Judgment Date | 28 May 2009 |
| Neutral Citation | [2009] HCA 21,2009-0528 HCA A |
| Court | High Court |
| Docket Number | S475/2008 |
| Date | 28 May 2009 |
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83 cases
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HIH Claims Support Ltd v Insurance Australia Ltd
...contribute applies where obligors are under a common burden or common obligation was restated by this Court in the plurality judgment in Friend v Brooker70: "With a claim to contribution, as is the position generally with the intervention of equity to apply its doctrines or to afford its re......
- SHC Capital Ltd v NTUC Income Insurance Cooperative Ltd
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Marlborough District Council v Altimarloch Joint Venture Ltd
...the High Court of Australia agreed that a “common design” is not required before an equity for contribution can arise in Friend v Brooker [2009] HCA 21, (2009) 255 ALR 601 at [42] per French CJ, Gummow, Hayne and Bell 244 At [16]. This formulation was accepted by the High Court of Australia......
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Michael Wilson & Partners Ltd v Nicholls
...J; [2002] HCA 17; Friend v Brooker (2009) 239 CLR 129 at 148–149 [38]–[43] per French CJ, Gummow, Hayne and Bell JJ (Heydon J agreeing); [2009] HCA 21. 72 [2009] NSWSC 1033 at [284]–[290], 73 [2009] NSWSC 1033 at [582]; [2009] NSWSC 1377 at [49], [64]–[65]. 74 Consul Development Pty Ltd v D......
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1 firm's commentaries
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The final(?) chapter in the HIH Claims Support saga - HIH Claims Support v Insurance Australia Ltd [2011] HCA 31
...Kiefel JJ (Heydon J delivered a separate judgment also dismissing the appeal) applied the earlier High Court decision of Friend v Brooker [2009] HCA 21 and held that a duty to contribute applies where obligors are under a common burden or common obligation. It was held that the assignment o......
1 books & journal articles
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UNJUST ENRICHMENT IN AUSTRALIA: WHAT IS(N'T) IT? IMPLICATIONS FOR LEGAL REASONING AND PRACTICE.
...J), 56 [199] (Nettle, Gordon and Edelman JJ). (35) Bofinger (n 5). (36) Ibid 299 [88], (37) Ibid 300 [89]. See also Friend v Brooker (2009) 239 CLR 129, 141 [7] (French CJ, Gummow, Hayne and Bell JJ) ('Friend'); Lumbers (n 34) 665 [85] (Gummow, Hayne, Crennan and Kiefel JJ); Hitts (n 7) 618......