Astell v ACT [2016] ACTSC 238 — Test To Be Applied — Barrister AI
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Astell v ACT
[2016] ACTSC 238
Supreme Court of the ACT
22 August 2016
Good law / bad law (Silk subscription)
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Interrogate
Catchwords
Damages
›
Test to be applied
›
Plaintiff to be put in the position she would have been but for the fraud
›
Value of property to be assessed according to current market value
›
Sale price does not reflect market value as fraudster cannot be considered a willing seller in an arms length transaction
›
Plaintiff entitled to market value of property, net loss of rent and transaction costs for purchase of equivalent house
Case Details
Citation
[2016] ACTSC 238
Court
ACTSC
Jurisdiction
Australian Capital Territory
Decision Date
22 August 2016
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[2016] ACTSC 238
6 authorities it relies on
1909
1930
1951
1972
1993
2016
Relies on
6
2015
Registrar of Titles v Mrsa
WASCA 204
2009
Perpetual Trustees Victoria Limited v Peter Van den Heuvel No 2
NSWSC 483
1993
Saade v Registrar-General (NSW)
HCA 73
1981
Registrar-General (NSW) v Behn
HCA 36
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