General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant denied indemnity costs after rejecting settlement offers
The court decided not to grant indemnity costs to the claimant who had previously rejected settlement offers. The court ruled that the claimant had achieved some success in the proceedings and acted reasonably.
Manager Reinstated After Code of Conduct Breach
Claimant Wins Increased Damages for Dog Attack Injuries
Default Judgment Set Aside for Corrective Amendment in NSW Supreme Court
The NSW Supreme Court set aside a default judgment and allowed the claimant to amend their statement of claim due to errors in the original judgment. The case involved a mortgage and the claimant sought possession of the mortgaged property.
Indemnity Costs Awarded After Rejection of Offer of Compromise
Federal Court Dismisses Application for Relief from Discovery Orders
In this case, the Federal Court rejected an attempt by one party (the respondent) to avoid complying with court orders for document disclosure in a class action lawsuit. The judge ruled there was no evidence that continuing with these orders would cause significant harm or unfairness.
Restitution Claim Dismissed Due to Limitation Period
The claimant asked the NSW Supreme Court for restitutionary relief after paying money to the defendants in connection with a proposed land purchase. However, the court dismissed the claim, stating that it was statute barred because the limitation period had expired.
Supreme Court Rejects Injunction Request Over Domain Names
Federal Court Denies Late Appeal in Bankruptcy Case
In this case, the Federal Court of Australia denied the claimant's request to extend the time for filing an appeal against a bankruptcy decision. The court ruled that the proposed grounds were not valid and there was too much delay since the original order was made.
Liquidator Entitled to Remuneration and Interim Payment in Corporate Insolvency Case
A liquidator asked the court to assess his pay for his work in a company going through liquidation. The court agreed to send the claim to a registrar for assessment and allowed him to receive an interim payment while waiting for the final decision.
Appeal Dismissed: Court Upholds Discharge of Time Extension Orders
Federal Court Rejects Claimant's Request to Halt Property Sales by Receivers
Ordering Costs Paid Forthwith in Interlocutory Proceedings
The court decided to order costs to be paid immediately in a case involving interlocutory proceedings, rather than waiting until the end of the main proceedings. This decision was made due to specific circumstances, such as the conduct of the solicitors involved.
Supreme Court Grants Leave to Amend Statement of Claim
The Supreme Court of NSW granted the claimant permission to amend their statement of claim. The court dismissed motions by the defendants and directed the matter to be listed separately for the constitutional breach and defamation aspects.
Supreme Court Rejects Claimant's Bid to Be Recognised as Trustee of Charitable Trust
Federal Court Grants Extension for Second Creditor Meeting
Administrators of a company requested an extension from the Federal Court to hold a second meeting with a person. This was granted to allow more time to investigate and potentially sell the company's business as a whole rather than its assets separately, which could benefit secured a person and employees.
Company Wound Up Due to Insolvency and Mismanagement
Claimant Ordered to Pay Indemnity Costs for Rejecting Offer
In this case, the Federal Court ruled that the claimant must pay costs to the respondent on an indemnity basis because they unreasonably rejected a reasonable offer of compromise. This means higher legal fees for the claimant due to their decision not to accept the settlement offer.
Federal Court Refuses Leave to Amend and Substitute Documents
In this case, the court denied the claimant's request to amend legal documents and substitute new ones. Additionally, the application for an order allowing alternative service methods was also dismissed. The decision highlights the strict adherence to procedural requirements in Australian courts.