Royal Botanic Gardens and Domain Trust v South Sydney City Council
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,Gaudron,McHugh,Gummow,Hayne JJ,Kirby J,Callinan J |
| Judgment Date | 14 February 2002 |
| Neutral Citation | 2002-0214 HCA C,[2002] HCA 5 |
| Court | High Court |
| Docket Number | S263/2000 |
| Date | 14 February 2002 |
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197 cases
8 firm's commentaries
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Property & Projects - What's News - 10 July 2012
...Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337; Royal Botanic Gardens and Domain Trust v South Sydney City Council [2002] HCA 5; (2002) 240 CLR 45; Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 164 and Western Export Services Inc & Ors v Jireh Internati......
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Implied Duty of Good Faith in Commercial Contracts
...their rights. Footnotes 1 The High Court declined an opportunity in Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 240 CLR 45 to consider the existence of an implied duty of good faith and dealt with the dispute without needing to consider the issue. 2 (1992) 26 N......
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Implied terms in contracts of employment Good Faith, Reasonableness
...of whether such a term may be implied, and if so, its contents – see Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 76 ALJR 436; [2002] HCA 5, at [40], and Barker. Against that background, it is interesting to examine two decision of the NSW Supreme Court dealing ......
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Implied terms in employment contracts - Good Faith and Fair Dealing, son of Trust and Confidence - the jury and judges are still out...
...of whether such a term may be implied, and if so, its contents - see Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 76 ALJR 436; [2002] HCA 5, at [40], and Barker. Against that background, it is interesting to examine two decision of the NSW Supreme Court dealing ......
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1 books & journal articles
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GOOD FAITH IN THE PERFORMANCE OF COMMERCIAL CONTRACTS REVISITED
...187. 25[2004] NSWCA 15. 26(1992) 26 NSWLR 234. 27 The Hon Marilyn Warren AC, “Good Faith: Where Are We at?”[2010] 34(1) MULR 344. 28 (2002) 186 ALR 289. 29 Robert McDougall, “The Implied Duty of Good Faith in Australian Contract Law”(2006) 108 Australian Construction Law Newsletter 28, avai......