General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant Wins Damages for Breach of Statutory Warranty
The District Court awarded damages to the claimant for breaches of statutory warranties on common property. The total damages, including interest, amounted to $549,869.08. The court ruled that the claimant was entitled to interest and costs.
Supreme Court Disallows Legal Practitioner's Costs Application
Summary Judgment Denied in Loan Account Dispute
Discovery and Partial Allowance of Interrogatories in Defamation Case
Co-owner Wins Right to Sell Jointly Owned Property
The Supreme Court of New South Wales ruled in favour of the co-owner, allowing them to sell jointly owned property and discharge a mortgage. The decision was based on the principle that it would be unconscionable not to grant such an order given the circumstances where one party has made significant financial contributions without receiving any benefit.
Interim Order Restraining Disposal of Disputed Jewellery
Tribunal Orders Compensation for Unlicensed Use of Song by Commonwealth
A a person sued the Commonwealth for using their a person in a person without proper licences. The a person Tribunal ruled that the Commonwealth must pay compensation based on reasonable terms agreed upon or fixed by the tribunal.
Homeowner Wins Damages for Termite Ingress and Breach of Contract
Subpoena Application to Health Department Rejected
The NSW Supreme Court denied a request to issue a further subpoena to the Director General of the Department of Health of New South Wales. The court found that issuing another subpoena was not necessary under the Health Services Act 1997 (NSW).
Claimant Granted Permission to File Garnishee Order Against Trustee
Supreme Court Rules on Defamation Imputations from Facebook Posts
In a defamation case, the Supreme Court of New South Wales reviewed objections to the form of imputations made in a statement of claim. The court determined that some imputations were too vague and should be removed, while others were found to be clear enough to proceed.
Tenant's Urgency Claim for Mandatory Injunction Rejected by Supreme Court
Supreme Court Orders Costs Against Plaintiff
The Supreme Court of NSW ruled that the plaintiff must pay the defendants' costs of the proceedings, including the Notice of Motion, on the ordinary basis. The plaintiff had tried to appeal decisions regarding his eviction from rented retail space.
Client Legal Privilege Not Waived in Professional Negligence Case
Court of Appeal revokes declarations and orders on lease and licence agreement
Cost Allocation in Probate and Family Provision Cases
The court ruled on how to allocate costs among family members involved in probate and family provision proceedings. The decision was based on the specific circumstances of each case, determining whether costs should be paid out of the estate on an indemnity or ordinary basis.
Supreme Court Confirms Estate Management for Injured Person
Software Licensing and Copyright Infringement Case
Full Federal Court Upholds Patent Infringement Finding
In this case, the Full Federal Court dismissed an appeal brought by suppliers of pool finishing materials who were found to have infringed on a patent. The court upheld the lower court's decision that their products violated the patent holder's rights.