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Q: case law judgments Australia ( No Answer,   1 Comment )
Question  
Subject: case law judgments Australia
Category: Miscellaneous
Asked by: wal-ga
List Price: $50.00
Posted: 14 Jul 2002 18:31 PDT
Expires: 21 Jul 2002 02:10 PDT
Question ID: 39605
Find if Bob Broadley and Associates Pty Ltd ( life insurance agents)
of Doncaster Victoria Australia or Bob Broadley or Mike Gaut of the
same firm have had any judgments against them or had to defend
themselves in any court in Australia

Clarification of Question by wal-ga on 15 Jul 2002 07:40 PDT
There could have been a person by the name Peter Shepperd that sued
Bob Broadley and Associattes and national mutual in the supreme court
of victoria
Regards wal

Clarification of Question by wal-ga on 18 Jul 2002 03:32 PDT
HI spcbbas-ga,Your the DUDE!! Right on! My spelling was wrong, thanks
to your smarts and UNREAL research abilities you have answered my
Question (5) FIVE STAR and MORE.THANK YOU!!!! Cannot tell how you have
HELPED and assisted me in  my endeaver.
wal-ga
Answer  
There is no answer at this time.

Comments  
Subject: Re: case law judgments Australia
From: spcbbas-ga on 17 Jul 2002 18:34 PDT
 
Hello there! I may be of some assistance.

Perhaps your spelling of 'Shepperd' is incorrect? I could only find
reference to the following case in the supreme court of Victoria:

Shepherd v. National Mutual Life Association of Australasia v.
Broadley & Associates (unreported, 15/11/94).  Obviously, I don't know
what decision was made so I cannot say whether they had any judgements
against them, but I assume defence had to take place!


Judge J. Hedigan ruled in this case, and although I cannot get the
report of the case you are after, the same judge, in the following
case, made a reference to the report you may be interested in:

JUDGE: HEDIGAN, J. 
WHERE HELD: Melbourne 
DATE OF HEARING: 8 December 2000 
DATE OF RULING:  8 December 2000 
CASE MAY BE CITED AS: MacLaw No. 469 P/L & Anor v. Ilana Accessories
P/L & Ors

The search was performed on the Australian Legal  Information
Institute Site (AustLII Databases: http://www.austlii.edu.au ),
searching only Victorian cases for "Broadley"; the URL to the result
page is:
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VSC/2000/563.html?query=%22broadley%22

The portion of this report you may find useful is that His Honour
reported (point 14) the following:

"Both plaintiffs and the first defendant, I think, accept the
pronouncement of principle that has been made in a number of cases.
---[abridged by spcbbas-ga]--- . I have considered those principles in
two decisions of my own, one of which has been referred to by the
plaintiffs in their submissions, that is, Shepherd v. National Mutual
Life Association of Australasia v. Broadley & Associates (unreported,
15/11/94) and a later decision of my own in Bendigo Bank Ltd v. Russo
and Reichman (unreported, 27 October 1997) in which I acknowledged the
general principles as outlined by Sheppard J. in Colgate Palmolive."
(MacLaw No. 469 P/L & Anor v. Ilana Accessories P/L & Ors).

His honour reports here that one of the submissions of the plaintiffs
referred to the case you are interested in. The 1st & 2nd Plaintiffs
were represented by Mr J. Bolton (Counsel) and Frederick Owen
(Solicitor). These may be your next points of contact for further
assistance, or direction to finding reports of this case.

Hope this helps! Good luck.

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