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Justice Heydon aptly held that the law could not distinguish his signing of the forms as "an otherwise undifferentiated course of conducts and statements " Furthermore, the wife made no explicit representation nor needed to for children "of the marriage" and Mr Magill did not rely on those representations for he had "no reason not to believe" they were his children...
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The presentation of the forms by the Respondent did not significantly change the circumstances on the Appellant's part .
Therefore two of the five of the requirements for Tort of Deceit outlined by Lord Herschell were not satisfied, and "nothing short of that will suffice ".
Finally the Joint Judgment rejects the Appellant's claim for personal injury and loss payments for child support or maintenance are not "conterminous" with the damages awarded by trial judge...
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