Orr v Ford
Jurisdiction | Australia Federal only |
Neutral Citation | 1989-0208 HCA A,[1989] HCA 4 |
Year | 1989 |
Date | 1989 |
Court | High Court |
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1 firm's commentaries
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Inside track: Property & Real Estate - In the media and recent cases
...the property, or is otherwise barred from relief - Limitations of Action Act 1958 (Vic) ss 5, 11 and 21 - Doctrine of laches - Orr v Ford [1989] HCA 4; (1989) 167 CLR 316 - CSR Ltd v Amaca Pty Ltd [2016] VSCA 320 - waiver of rights to bring claim - RW Health Partnership Pty Ltd v Lendlease ......
3 books & journal articles
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Equity, Trust and Restitution
...is an equitable doctrine and De Beers” claim was grounded in common law. As the High Court of Australia forcefully said in Orr v Ford(1989) 167 CLR 316 at 340: “Laches … is not available in answer to a legal claim” (see also McGhee, Snell”s Equity (30th Ed, 2000) at p 33). The orthodox posi......
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Equity and Trust
...affect an action at law when an equity is raised through estoppel, laches “is not available in answer to a legal claim” (see Orr v Ford(1989) 167 CLR 316 at 340). This is because, in the former instance, equity is being employed, through the doctrine of estoppel, to restrain the enforcement......
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Back to the future: retrogression and the High Court's decision in Byrnes v. Kendle.
...defining the terms, in an attempt to impose some degree of semantic precision and intelligibility upon the amorphous terminology. (65) (1989) 167 CLR 316. (66) (67) Ibid. (68) Ibid. (69) Ibid. LUDMILLA ROBINSON, BA (Hons), Dip Ed, Dip Law, PhD, SJD, Barrister and Lecturer in Equity and Trus......