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Clambake Pty Ltd v Tipperary Projects Pty Ltd (No 3)
Judgment date: 9/03/2009
Court: WASC
Judge: EM Heenan J
Citation:
(2009) 77 ATR 242;
[2009] WASC 52;
BC200901327;
Catchwords: Practice and procedure; Set off; Equitable set off; Counterclaim for damages;
Leases and tenancies; Rent; Arrears of rent; Holding-over period;
Bailment; Bailee; Existence of bailment relationship; Control of bailee;
Negligence; Duty of care; Damage from fire; Inspection of premises;
Trade and commerce; Deceptive practices; Misleading and deceptive conduct; Silence as misleading and deceptive conduct;
Guarantees and indemnities; Indemnities; Contractual indemnity; Exclusion from liability;