Pinpoint · Judgment search

Babaniaris v Lutony Fashions Pty Ltd

[1987] HCA 19 ; (1987) 163 CLR 1

High Court of Australia · 1987 · Find the judgment

Cited by 38 indexed judgments

All Overruled or disapproved 4 Applied or followed 3 Cited 31

1996: 1 citing judgment, 1 negative 1997: 1 citing judgment, 1 negative 1999: 3 citing judgments 2000: 2 citing judgments 2001: 4 citing judgments 2003: 5 citing judgments 2005: 1 citing judgment 2006: 2 citing judgments 2007: 1 citing judgment 2008: 2 citing judgments 2011: 2 citing judgments 2012: 1 citing judgment 2015: 1 citing judgment 2016: 1 citing judgment 2018: 1 citing judgment 2020: 1 citing judgment 2021: 1 citing judgment 2022: 2 citing judgments 2023: 4 citing judgments, 2 negative 2024: 1 citing judgment 2025: 1 citing judgment 1987 1990 1995 2000 2005 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Wik Peoples v Queensland [1996] HCA 40 Overruled or disapproved High Court of Australia · cited 208× · judgment
  2. Attorney-General (Cth) v Breckler [1999] HCA 28 Cited High Court of Australia · cited 139× · judgment
  3. Thompson v Byrne [1999] HCA 16 Cited High Court of Australia · cited 21× · judgment
  4. Re Wakim; Ex parte McNally [1999] HCA 27 Cited High Court of Australia · cited 469× · judgment
  5. Torrens Aloha Pty Ltd v Citibank N A [1997] FCA 77 Overruled or disapproved Federal Court of Australia · cited 27× · judgment
  6. Telstra Corporation Ltd v Treloar [2000] FCA 1170 Cited Federal Court of Australia · cited 42× · judgment
  7. Wu v Minister for Immigration & Multicultural Affairs [2000] FCA 1817 Cited Federal Court of Australia · cited 32× · judgment
  8. Algama v Minister for Immigration & Multicultural Affairs [2001] FCA 1884 Cited Federal Court of Australia · cited 17× · judgment
  9. Aequitas v AEFC [2001] NSWSC 14 Cited Supreme Court of NSW · cited 33× · judgment
  10. Thayananthan v Minister for Immigration & Multicultural Affairs [2001] FCA 831 Cited Federal Court of Australia · cited 14× · judgment
  11. Repatriation Commission v Gorton [2001] FCA 1194 Cited Federal Court of Australia · cited 30× · judgment
  12. National Hire Pty Limited v Howard [2003] NSWIRComm 144 Cited Industrial Relations Commission of NSW · cited 4× · judgment
  13. New South Wales Lotteries Corporation and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2003] NSWIRComm 143 Cited Industrial Relations Commission of NSW · cited 6× · judgment
  14. Prebble v Commissioner of Taxation [2003] FCAFC 165 Cited Federal Court of Australia (Full Court) · cited 3× · judgment
  15. Hewlett Packard Australia Pty Ltd v GE Capital Finance Pty Ltd [2003] FCAFC 256 Cited Federal Court of Australia (Full Court) · cited 26× · judgment
  16. Commissioner of Taxation v Energy Resources of Australia Limited [2003] FCAFC 314 Applied or followed Federal Court of Australia (Full Court) · cited 11× · judgment
  17. Sok v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 56 Cited Federal Court of Australia (Full Court) · cited 10× · judgment
  18. Australian Broadcasting Corporation v O'Neill [2006] HCA 46 Cited High Court of Australia · cited 822× · judgment
  19. Pfizer Products Inc v Karam [2006] FCA 1663 Applied or followed Federal Court of Australia · cited 29× · judgment
  20. R v McNeill (Ruling No 1) [2007] NFSC 2 Cited Supreme Court of Norfolk Island · cited 6× · judgment
  21. Attorney-General (Cth) v Alinta Limited [2008] HCA 2 Cited High Court of Australia · cited 42× · judgment
  22. SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138 Cited Federal Court of Australia (Full Court) · cited 34× · judgment
  23. Commissioner of Police v Lawrance [2011] NSWIRComm 109 Cited Industrial Relations Commission of NSW · cited 8× · judgment
  24. Allergan, Inc v Di Giacomo [2011] FCA 1540 Cited Federal Court of Australia · cited 5× · judgment
  25. Tricarico v Dunn Bay Holdings Pty Ltd [2012] FCA 271 Cited Federal Court of Australia · cited 2× · judgment
  26. BSU v Workers Compensation Commission [2015] NSWCATAD 125 Cited NCAT Administrative and Equal Opportunity · cited 3× · judgment
  27. Lam v Steve Jarvin Motors Pty Ltd [2016] NSWCATAP 186 Cited NCAT Appeal Panel · cited 61× · judgment
  28. Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Cited NSW Court of Appeal · cited 72× · judgment
  29. Jackmain (a pseudonym) v R [2020] NSWCCA 150 Applied or followed NSW Court of Criminal Appeal · cited 28× · judgment
  30. Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26 Cited High Court of Australia · cited 9× · judgment
  31. Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 Cited High Court of Australia · cited 72× · judgment
  32. Dean v Pope [2022] NSWCA 260 Cited NSW Court of Appeal · cited 5× · judgment
  33. The Owners - Strata Plan No. 91016 v Upright Builders Pty Ltd (No 2) [2023] NSWSC 867 Cited Supreme Court of NSW · judgment
  34. Kanajenahalli v State of New South Wales (Western New South Wales Local Health District) [2023] NSWCA 202 Overruled or disapproved NSW Court of Appeal · cited 2× · judgment
  35. Kazal v Thunder Studios Inc (California) [2023] FCAFC 174 Overruled or disapproved Federal Court of Australia (Full Court) · cited 9× · judgment
  36. Department of Education v Trad [2023] NSWCCA 329 Cited NSW Court of Criminal Appeal · cited 1× · judgment
  37. Agrinova Pty Ltd v Chief Commissioner of State Revenue [2024] NSWCATAD 170 Cited NCAT Administrative and Equal Opportunity · judgment
  38. Lendlease Corporation Limited v Pallas [2025] HCA 19 Cited High Court of Australia · judgment

Tree of authority

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

This judgment is not in the index, so the authorities it cites are not known here. It is shown because indexed judgments cite it.

How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.