General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Judgment Amount Varied and Interest Awarded in NSW Supreme Court Case
In this case, the Court adjusted the judgment amount and awarded interest after determining that the initial judgment was based on a misunderstanding of the facts. The adjustment was made according to the Uniform Civil Procedure Rules 2005 (NSW).
Federal Court Dismisses Defamation Claim Against Third Respondent
In this case, the Federal Court dismissed the claimant's defamation claims against a a person respondent. The court ruled that the concerns notices provided by the claimant were valid and that serious harm was established. This decision means that the claimant can proceed to trial with their defamation claims.
High Court Decision on Vicarious Liability Delays Execution of Orders
Claimant Allowed to Amend Summons in Commercial Litigation
In a recent commercial litigation case, the Supreme Court of New South Wales allowed the claimant to amend its summons and list statement. However, the court imposed restrictions, preventing the claimant from introducing further evidence without obtaining permission from the court.
Supreme Court Rejects Application for Estate Accounts but Orders Inspection Copies
Application for Security for Costs Dismissed in NSWSC Case
Electronic Will Validated Despite Lack of Formal Execution
Proceedings Dismissed for Reflective Losses and Abuse of Process
Federal Court Declares Online Payment Provider Term Unfair for Small Businesses
In this case, the Federal Court ruled that a specific term in an online payment provider's contracts with a person was unfair. This term required a person to notify the provider of any fee errors within 60 days or lose their right to dispute those fees. The court found this term to be against fair business practices and declared it void.
Estate Debt Owed Based on Loan Agreement
Supreme Court Awards Costs on Ordinary Basis
The Supreme Court of NSW ruled that the defendants must pay the costs of the proceedings on an ordinary basis. This decision came after the court considered the plaintiffs' success in their claims and the reasonableness of the defendants' refusal to accept Calderbank offers.
Provisional Liquidators Appointed in Promotional Scheme Case
Real Property Rights and Corporate Oppression Upheld in NSW Court of Appeal
NSW Supreme Court Denies Security for Costs Over Litigation Funding Agreement
Federal Court Rejects Internet Provider's Appeal Over Cyber Attack Report Privilege
In this case, the Federal Court denied an appeal by an internet provider seeking to protect a forensic report related to a major cyber attack from being disclosed in litigation. The court ruled that the internet provider did not prove the a person reason for commissioning the report was to obtain or provide legal advice.
Court Rejects Third Attempt to Halt Evictions
Probate Granted for First Will Despite Lack of Testamentary Capacity for Second Will
Appeal Dismissed: Business Termination Case
Specific Performance Ordered Against Purchaser and Guarantor in Real Property Case
Unfair Contract Terms Case Transferred to District Court
In a case involving unfair contract terms and claims under the Australian Consumer Law, the Supreme Court of New South Wales decided to transfer the proceedings to the District Court due to jurisdictional limits.