KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1069 — BarristerAI

KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2020] FCA 1069

Federal Court of Australia27 July 2020

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Judges

Mortimer J

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Case Details

Citation[2020] FCA 1069

CourtFCA

JurisdictionCommonwealth

Decision Date27 July 2020

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Judgment

Judges

Mortimer J

Subsequent Judicial Consideration1›

Cases that have considered KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Referred to (1)

Buntin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1055

Judicial Consideration (Chronological)

Buntin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1055Referred 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.

KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [30]

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

KYMM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [37]

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Subsequent Judicial Consideration1›

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