BP Refinery (Westernport) Pty Ltd v Shire of Hastings
| Jurisdiction | England & Wales |
| Date | 1978 |
| Year | 1978 |
| Court | Unspecified Court |
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158 cases
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Ennia General Insurance Company Ltd Appellant v J. Astaphan & Company (1970) Ltd Respondent [ECSC]
...the trial Judge that such an implication as was pleaded arose inevitably. Nor find — borrowing the expressions in B.P. REFINERY (WESTERNPORT) PTY. LTD. v. HASTING SHIRE COUNCIL (1977) 52 ALJR 20, used by Mason J. in CODELFA'S case (above) — that it was "necessary to give business efficacy t......
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[1] John Paul Dejoria [2] The Island Company Ltd Appellants v [1] Gigi Osco-bingeman [2] Vadim Fridma (Executors of the Estate of Martin Crowley, Deceased) [3] Pendragon International Ltd Respondents [ECSC]
...satisfy all the requirements for the implication of a term that were stated inBP Refinery (Westernport) Pty Ltd v Shire of Hastings (1978) 52 ALJR 2030, namely: a. It must be reasonable and equitable; b. It must be necessary to give business efficacy to the contract so that no term will be ......
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Paymaster Jamaica Ltd v Grace Kennedy Remittance Services Ltd and Another
...of the Privy Council in BP Refinery (Westernport) Pty Ltd v. The President, Councillors and Ratepayers of the Shire of Hastings (1978) 52 ALJR 20 at 26: “Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the par......
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1 books & journal articles
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Fixed Term Employment Contracts: The Permanence of the Temporary
...right as per expressed 56 Per Stuart- Smith LJ 340.57 343.58 BP Refinery ( West ern port ) (Pty) Ltd v Hastings Shire Council (1977) 52 ALJR 20. 59 Although t he Moorcock doctrine is now generall y taken to ap ply to terms implied in fac t, it was held in some of the older cases that the ci......