Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview effective transaction. Prior to rescission, the transaction is voidable rather than void à valid and effective, albeit subject to avoidance at the election of the […]
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Rescission Nature of the Remedy (general) Rescission is the reversal of a transaction so that each party is restored to its original position. Rescission is a remedy of both the common law and equity. Common law rescission is confined to contracts, but rescission in equity extends to gifts and other transactions. Rescission and termination (void
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Nature One of laws most potent and used remedies Purpose: It orders a person to do an act or not to do an act Typical injunctions is prohibitory or negative injunction- retrains or forbids D from engaging in wrongful act such as breaching a trust, trespassing on land, etc. Less common is mandatory or positive
Part 1 Key Cases: Baltic Shipping Co v Dillon (1993) 176 CLR 344 Koufos v C Czarnikow Ltd [1969] 1 AC 350 ####Alexander v Cambridge Credit Corp Ltd (1987) 9 NSWLR 310 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 – damages Howe v Teefy (1927) 27 SR (NSW) 301 – race horse
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Civil Procedures and Arbitration Topic 1: The Adversarial System Chapter one Introduction Procedural law is the law which governs the conduct of proceedings before the court –“the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or defines the right – Poyser v Minors (1881) Civil Procedures
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Successful Outcome for Stalk and Intimidate and Assault Occasioning Actual Bodily Harm Our solicitor, Nicholas Hardy-Clements, represented a 37-year-old male at Hornsby Local Court in relation to the following charges: 1. Stalk and intimidate intending to cause fear of physical or mental harm (domestic violence related) section 13(1) of Crimes (Domestic & Personal) Violence Act
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Successful Outcome for Driving Whilst Suspended Our solicitor, Stephanie McClelland, represented a 20-year-old male at Fairfield Local Court on 21 June 2021, in relation to the following charge: Drive Motor Vehicle Whilst Disqualified- Second or Subsequent Offence pursuant to section 54 (1)(a) of the Roads Transport Act 2013. Our client was driving whilst disqualified at
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Successful Outcome for Supply Prohibited Drug Our solicitor, Nicholas Hardy, represented a 25-year-old male at Windsor Local Court on 20 May 2021 in relation to the following charges: Supply of prohibited drugs pursuant to Section 25 (1) of the Drug Misuse and Trafficking Act 1985. Possess or use a prohibited weapon without a permit pursuant
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Successful Case Dismissal for Speeding Offence Our solicitor Nicholas Hardy-Clements represented a 27-year-old woman at Burwood Local Court on 22 June 2021 for driving a motor vehicle exceeding the speed limit- over 30km/hr. On the day of the offence, our client was returning home after a wedding event and had been served a meal which
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Note: The content below discusses NSW COVID-19 public health orders as at 30 March 2020. For current requirements, always check NSW Health and NSW Legislation. For legal advice, contact our traffic law team. Motorbike riding restrictions in place The question that appears to be on everyone’s mind at the moment is whether to ride or
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