General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant Denied Leave to Appeal Disqualification Costs Decision
In this case, the claimant tried to get permission to appeal a decision about costs related to a disqualification application in another court. However, Justice a person refused the leave to appeal, upholding the original decision.
Subpoenas Seeking Sibling's Medical Records Rejected
Claimant discontinues proceedings, ordered to pay respondent's costs
The claimant in this case decided to stop the legal proceedings after realising their initial claims did not cover all the allegations they wanted to make against the defendant's directors. As a result, the court ordered the claimant to pay the defendant's legal costs on an indemnity basis from a specific date.
Federal Court: Unliquidated Damages Not Provable in Bankruptcy
The Federal Court ruled that when someone makes false or misleading statements that cause another person to enter into a contract with a third party, any damages claimed for this conduct are not considered 'provable' in the context of the a person's debts. This means such claims cannot be settled as part of the bankruptcy process.
Beneficiary's Contractual Right Overrides Debt Repayment in Deceased Estate
Federal Court Decision on Document Disclosure in Class Action Lawsuit
Medical Negligence Case: Claimant Must File Expert Evidence
Misleading Conduct Prohibited: Injunction and Damages Awarded
The NSW Supreme Court granted an injunction and awarded damages for passing off and misleading conduct under the Fair Trading Act. The defendant registered and advertised a name similar to the plaintiff's well-known business, leading to confusion among potential customers.
Personal Injury Claim Against Employer Successful
Federal Court Rejects Interlocutory Injunction in Trade Practices Dispute
In this case, a company (the claimant) asked for an emergency court order to stop a person company (the respondent) from selling snorkels that look very similar to their own. The Federal Court refused the request because they believed there was no strong evidence of wrongdoing by the other company.
NSW Supreme Court Grants Extension of Time for Service Due to Litigation Funding Negotiations
Successful Pedestrian Compensation Claim Under MAC Act
A pedestrian was hit by a car and successfully claimed compensation under the Motor Accidents Compensation Act 1999. The court ruled that the pedestrian was not at fault.