General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Dismissed in Loan Assignment Case
Application to Transfer Personal Injury Case to District Court Rejected
The Supreme Court of New South Wales rejected the claimant's request to move their personal injury case to the District Court. The court decided to keep the case in the Supreme Court because the potential compensation might exceed the District Court's limits. The claimant had to pay the defendant's costs for defending the application.
Rejection of Reasonable 'Walk-Away' Offers of Compromise Unreasonable
Validity of Property Acquisition Notice Judged
Supreme Court Authorises Posthumous Sperm Retrieval for Widow
Owners of Parking Lots Entitled to Use Them Regardless of Residence
In this case, the Supreme Court of New South Wales ruled that a person of parking lots in a strata scheme have the right to park their vehicles in these lots even if they do not live in the building. The decision was made based on the original development consent and relevant laws.
Creditors' Schemes Approved Under Corporations Act
Supreme Court NSW Orders Costs on Indemnity Basis Post-Offer Date
Supreme Court Dismisses Claim for Family Provision
Supreme Court Orders Insolvency Winding Up Without Director
Supreme Court Rejects Claimant’s Request to Amend Statement of Claim
Third Party Application to Intervene in Estate Proceedings Dismissed
In this case, a third party tried to join estate proceedings as a friend of the court. The court rejected this request because the administrator of the estate was willing and able to represent the interests of the beneficiaries properly.
Federal Court Grants Leave for Joinder of New Parties
In this Federal Court case, the claimant requested permission to add more defendants to a lawsuit involving allegations of improper access to confidential information. The judge allowed some changes and added new parties, but not all that were asked for.
Federal Court Rejects Debtor's Application to Stay Sequestration Orders Pending Appeal
The Federal Court of Australia rejected the claimant's request to pause the sequestration orders while appealing, as the court found no reasonable basis for the appeal and considered the impact on the respondent.
Federal Court Rejects Stay Application in Bankruptcy Case
The claimant's request to delay bankruptcy proceedings while appealing a tax judgment was denied by the Federal Court. The court found no reasonable chance of success in the appeal and decided it was not fair to delay the process further.
Lawyer Found Guilty of Professional Misconduct in NSW Tribunal
Federal Court Grants Interim Injunction for Patent Protection
A company sought an order from the Federal Court to stop another company from selling products that might violate its patent rights before a full trial could take place. The judge agreed, finding it was likely the first company would win if they had a full hearing and that not granting the injunction would cause more harm than good.
Occupier's Liability Case Dismissed: Personal Injury Claim Rejected
A visitor at an aged care facility claimed negligence for personal injuries sustained due to an uneven surface. The court dismissed the claim, ruling the facility did not breach its duty of care to the visitor.
Self-represented Plaintiff Awarded Damages for Motor Vehicle Accident Injuries
In a recent case, a self-represented plaintiff successfully claimed damages for injuries sustained in a motor vehicle accident. The District Court of NSW awarded the plaintiff damages for past and future economic losses, among other awards, under the Motor Accidents Compensation Act 1999.