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Australia compensatory damages

Zheng v Cai

(2009) 239 CLR 446
JurisdictionAustralia
CourtHigh Court of Australia
Year2009
StatusBinding authority

Summary

In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Key Principle

Joint tenancy; severance by unilateral action; presumption of resulting trust; contribution to purchase price; family property disputes

Area of Law

property

Related Cases

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

Western Australia v Ward (2002) 213 CLR 1

Native title is extinguished by grants of inconsistent rights such as freehold; partial extinguishment occurs where granted rights are inconsistent with only some aspects of native title.

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