General & Other

Supreme Court Grants Discovery Orders in Corporate Dispute

Federal Court Grants Leave for Amended Defence and Cross-Claim Against New Parties

The Federal Court allowed the respondents to file an amended defence and a cross-claim against new parties, recognising the significance of these amendments to the case. The decision was made despite the risk of losing scheduled hearing dates.

Claimant Loses Fraud Case Against Defendant's Agent

NSW Supreme Court Rejects Motion to Set Aside Foreign Judgment

Supreme Court Grants Extension in Liquidation Proceeding

A court allowed a a person more time to sue specific individuals involved in transactions that may have harmed the company's financial health during its winding up process. This decision was based on the fairness of extending the deadline considering all relevant factors.

Supreme Court Rejects Request to Extend Caveat Over Property

The Supreme Court of New South Wales rejected a request to extend a caveat over a property. The court found that the plaintiff did not provide sufficient evidence to prove a serious case for maintaining the caveat.

Summons Dismissed for Lack of Reasonable Cause of Action

The Supreme Court of New South Wales dismissed the plaintiff's summons because it did not show a reasonable cause of action. This decision was based on the Uniform Civil Procedure Rules.

Claimant Ordered to Pay Respondent’s Costs Over Verification Concerns

The NSW Supreme Court decided that the claimant must pay the respondent's costs related to a motion seeking the striking out of an amended statement of claim. The decision was based on the claimant's failure to address a concern about the verification of the pleading.

Court Rejects Late Application for Expert Report Drafts

In this case, the Federal Court of Australia dismissed an attempt by one party to obtain draft a person reports and communications between the a person and their lawyers. The court ruled that the request came too late in the trial process and did not meet the necessary criteria for waiving legal privilege.

NSW Supreme Court Overturns Costs Assessor's Decision

NSW Supreme Court Awards Indemnity Costs After Rejected Offer

In this Supreme Court case, the plaintiffs were trying to reclaim their parents' accommodation bonds as a matter of principle but lost the case. After rejecting a settlement offer (Calderbank letter), they had to pay the a person' legal costs on an indemnity basis from the date the offer expired.

Occupier Held Liable for Visitor’s Slip and Fall Injury

Defamation Imputations: Form and Capacity Ruling

Supreme Court Rejects Late Expert Report Submission

Claimant's Stay Application for Property Vacation Denied

NSW Supreme Court Rejects Claimant's Request to Call Defendant's Solicitor as Witness

Federal Court Orders Shareholders' Meeting for Scheme of Arrangement

Application to Set Aside Statutory Demand Dismissed Due to Ineffective Service

Federal Court Rejects Claimant’s Appeal Extension Request

In this case, the Federal Court denied the claimant's request for an extension to file a notice of appeal after they lost important court documents. The judge ruled that the claimant did not comply with earlier orders and had enough time to prepare the necessary documentation.

Appeal Dismissed: Borrower Cannot Avoid Lender's Right to Possession

The Court of Appeal dismissed an appeal brought by borrowers who claimed their signatures on loan documents were forged and that they were misled by a broker. The Court upheld the primary judge's decision to grant possession of the property to the lender, ruling that the borrowers' allegations of fraud and misrepresentation were not sufficient to overturn the lender's right to possession.