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| Sender: |
James Edelman |
| Date: |
Tue, 23 Nov 1999 10:08:29 |
| Re: |
A related point to Professor Birks' comments |
Professor
Birks refers us to the decision of Cth v McCormack where a judgment was
set aside and money paid under the original judgment was sought to be
recovered. Of course, these proceedings require no allegation of fraud,
like the re-opening of an original judgment. However the basis or reason
for such decisions becomes even more important when, as a friend mentioned
this morning, one considers the recent Australian decision of Abadee J
in a case called GH Varley v Thompson where a defence of change of position
was allowed to the Cth v McCormack type claim.
Jamie Edelman
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