Furniss v Blue Sky Alternative Investments Limited (Administrators Appointed) (Receivers and Managers Appointed) (in liq)

[2022] FCA 1546

Federal Court of Australia18 December 2022

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Case Details

Citation[2022] FCA 1546

CourtFCA

JurisdictionCommonwealth

Decision Date18 December 2022

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For Australian Law.

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Judgment

Subsequent Judicial Consideration1›

Cases that have considered Furniss v Blue Sky Alternative Investments Limited (Administrators Appointed) (Receivers and Managers Appointed) (in liq)

Referred to (1)

Kajula Pty Ltd v Downer EDI Ltd [2024] VSCA 236

Judicial Consideration (Chronological)

Kajula Pty Ltd v Downer EDI Ltd [2024] VSCA 236Referred to

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.

Furniss v Blue Sky Alternative Investments Limited (Administrators Appointed) (Receivers and Managers Appointed) (in liq) at [30]

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Furniss v Blue Sky Alternative Investments Limited (Administrators Appointed) (Receivers and Managers Appointed) (in liq) at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.