General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Supreme Court Offers Guidance on Trust Distribution
Federal Court Rules on Oppressive Conduct in Shareholder Disputes
Conversion of Notes Follows Terms of Issue: NSW Court of Appeal
The Court of Appeal allowed the appeal, dismissing the cross-appeal. It ruled that the conversion of the Tranche B notes should follow the formula in the Terms of Issue and that the borrowing was organic debt. The Court held that evidence of prior negotiations was inadmissible to demonstrate the manner of calculation of the exercise price in a put option agreement.
Federal Court Injunction Against Misleading Vaccine Claims
A company was ordered by the Federal Court to stop publishing false claims that certain a person practices are ineffective and that alternative therapies are safe alternatives. The court also imposed financial penalties on both the company and its director for misleading consumers about a person science.
Assessment of Damages for Motor Vehicle Accident Under MACA
The court assessed damages for a motor vehicle accident under the Motor Accidents Compensation Act 1999, considering past and future economic losses, medical expenses, and domestic assistance.
Federal Court Rejects Leave to Appeal Applications Due to Procedural Failures
In this case, the Federal Court dismissed applications by the claimants seeking permission to appeal against earlier decisions. The dismissal was based on the claimants' failure to attend the scheduled hearing and their inability to provide adequate evidence that they were unfit to appear in court.
Claim for Interest in Parents' Property Dismissed
Supreme Court Provides Guidance on Managing Lost Trusts
Federal Court Allows Trustee to Wind Up Bankrupt Shareholder’s Company
In this case, a trustee sought to become officially recognised as the holder of shares in a company after those shares were transferred due to bankruptcy proceedings. The court agreed that the trustee should be registered as the shareholder and granted permission for the company to be wound up on just and equitable grounds.
Federal Court Denies Injunction Against Property Sale
A person who owns part of a a company through a managed investment scheme sought an order to stop another party from selling the a company's management lot. The Federal Court denied this request, ruling that the claimant did not show enough evidence or reason why money could not compensate for any loss.
Claimant's Costs Capped in NSW Local Court Case
Plaintiff's Request for Declaratory Relief on Tax Status Dismissed
The Court dismissed the plaintiff's request for a declaration about the tax status of a settlement payment. The Court found that there was a genuine dispute over whether the payment was taxable.
Real Property Possession Claim Struck Out for Non-Compliant Defences
Supreme Court Rejects Security for Costs Against Corporate Plaintiff
Defamation Case: Publication Particulars and Imputations
In a defamation case, the Court decided that the plaintiff must provide specific details about where and how the defamatory material was published. The Court also ruled that some vague statements made by the plaintiff were too unclear and needed to be removed from the case.
Injunction Restraining Sale of Property Due to Share Ownership Dispute
Indemnity Costs Awarded After Rejected Offer of Compromise
Contractor Entitled to Damages for Variations and Delay
Rights of Parties Regarding 'Give and Take Fence'
The court decided on the rights of parties regarding a 'give and take fence' and the use of water from a creek. The ruling emphasises the exclusive use of land on either side of the fence, subject to certain reservations.
Costs Awarded for Non-Compliance with Court Orders
The Supreme Court of New South Wales awarded costs to the defendant because the claimant did not follow court orders and caused significant delays in the proceedings.