General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Settlement Approved for Traumatic Brain Injury Victim
Restraint of Trade and Misuse of Confidential Information in Mortgage Broking Industry
In this case, the court ruled that the defendant had breached the plaintiff's confidentiality by using their client list after leaving the company. The defendant was ordered to stop using the list and pay damages.
Supreme Court Orders Review of Administrators' Remuneration
The Supreme Court of NSW decided to review the administrators' pay but not the liquidator's pay. They found the liquidator's pay was fair and appropriate, but the administrators' pay seemed disproportionately high given the results achieved.
Supreme Court of NSW Rejects Transfer to Victoria
Damages for Motor Vehicle Accident Judged in NSW District Court
Claimant Granted Additional Provision From Parent's Estate Under Succession Act
Consent Judgment Set Aside in Dust Disease Case
Defamation Action Dismissed for Vexatious Litigant
Court of Appeal Rules on Charitable Trust Reviews
Federal Court Rejects Native Title Group's Joinder Application
The Federal Court dismissed an application to join a group as a respondent in native title proceedings. The court found that while the group had interests, it lacked legal personality and thus could not be joined under s 84(5) of the Native Title Act.
Statement of Claim Struck Out for Repeated Non-Compliance with Court Orders
The NSW Supreme Court struck out the claimant's statement of claim due to repeated non-compliance with court orders. The claimant failed to file and serve the statement of claim as directed, leading to the court granting leave to the defendant to file interlocutory processes seeking dismissal of the proceedings. The claimant was ordered to pay the defendant's costs thrown away by the defence of the statement of claim and any amendments of the originating process and statement of claim.
Sheriff authorised to seize goods under writ of execution in NSW Supreme Court
The NSW Supreme Court authorised the Sheriff to enter the premises of the judgment debtor to seize goods under a writ of execution after the Sheriff was previously refused entry. The Court ruled that the Sheriff's refusal to enter the premises provided a foundation for the Court to make the order if it was deemed appropriate.
Late Claim Allowed Due to Full Explanation for Delay
The District Court of New South Wales allowed a claimant to file a lawsuit more than three years after a car accident. The court found that the claimant gave a full and satisfactory explanation for the delay in making the claim.
Claimant Wins Relief From Deceased's Estate Based on Close Personal Relationship
Solicitor Granted Leave to Cease Acting Due to Client Failure
A solicitor was allowed to stop representing a client in court because the client did not provide the necessary funds or instructions. This decision was made by the Supreme Court of New South Wales.
Guarantee Valid Despite Alleged Misleading Representations
The court ruled that a guarantee remained valid despite claims that misleading representations were made about it. The guarantor did not prove that they relied on these representations when signing the guarantee.
Federal Court Allows Bankruptcy Appeal Over Procedural Mistakes
In this case, an appeal against a bankruptcy order was successful due to procedural errors in extending the life of a a person petition before it expired. The court found that the trial judge's failure to extend the petition retrospectively under the slip rule was not justified as there was no accidental omission at the time.
Motion for Legacy Payment Dismissed in Family Provision Proceedings
Legal Practitioner Removed From Roll for Misappropriation and Breach of Fiduciary Duties
Full Federal Court Upholds Misleading Conduct Ruling Against Financial Services Company
The Full Federal Court of Australia upheld a ruling that companies using similar names and activities to another company in the a company industry can be found guilty of misleading or deceptive conduct. The court dismissed an appeal brought by entities associated with a person, affirming that their use of business names and domain names was likely to mislead a person.