Parke v Rubenstein (No 2)

[2021] FCA 107

Federal Court of Australia15 February 2021

View on AustLII View on JADE Download

Judges

White J

Headnote

No headnote yet — we'll generate the full structured AI headnote for you.

Generate the headnote

Free trial · no card required

Case Details

Citation[2021] FCA 107

CourtFCA

JurisdictionCommonwealth

Decision Date15 February 2021

Built by Barristers,
For Australian Law.

Start free trial

No card · cancel anytime

Judgment

Judges

White J

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct

The Hindmarsh-Petrie test for vicarious sub-tortfeasor liability requires the principal to have had actual or constructive knowledge of the sub-tortfeasor's propensity to act unlawfully in the course of the engagement, and that the engagement created the occasion for the wrongful conduct.

Parke v Rubenstein (No 2) at [30]

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.

Parke v Rubenstein (No 2) at [37]

Judges

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.