Fiona Helen Mary Thomson & Ors v The Queen & Ors [1998] WASCA 199 — BarristerAI

Fiona Helen Mary Thomson & Ors v The Queen & Ors

[1998] WASCA 199

Western Australia Court of Appeal2 August 1998

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Judges

Malcolm CJ, Wallwork J, Murray J

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Case Details

Citation[1998] WASCA 199

CourtWASCA

JurisdictionWa

Decision Date2 August 1998

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Judgment

Judges

Malcolm CJ · Wallwork J · Murray J

Subsequent Judicial Consideration2›

Cases that have considered Fiona Helen Mary Thomson & Ors v The Queen & Ors

Referred to (2)

DPP v JCS Fabrications Pty Ltd and Anor [2019] VSCA 50 Baiada Poultry v VWA [2015] VSCA 344

Judicial Consideration (Chronological)

DPP v JCS Fabrications Pty Ltd and Anor [2019] VSCA 50Referred to

Baiada Poultry v VWA [2015] VSCA 344Referred to

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Fiona Helen Mary Thomson & Ors v The Queen & Ors at [30]

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead.

Fiona Helen Mary Thomson & Ors v The Queen & Ors at [37]

Judges

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Case Details

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Judgment

Subsequent Judicial Consideration2›

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For Australian Law.