R v Garratt

[2002] VSCA 160

Victorian Court of Appeal26 September 2002

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Case Details

Citation[2002] VSCA 160

CourtVSCA

JurisdictionVic

Decision Date26 September 2002

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Judgment

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

R v Garratt 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.

R v Garratt at [37]

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Case Details

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Built by Barristers,
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