General & Other

Federal Judge Refers Case Due to Potential Bias Concerns

In this case, a Federal Court judge decided to refer an application made by the Commonwealth of Australia for amendments and access requests under national security legislation to another judge. This decision was based on concerns about potential bias due to previous findings against one of the parties involved.

Claimant Wins Indemnity Costs in Dust Diseases Case

Supreme Court Grants Leave to Incarcerated Plaintiff Against NSW State

Respondents' Attempt to Vary Caravan Manufacturing Order Rejected

Costs Denied Due to Unreasonable Conduct in Enforcing Mortgage

In this case, the court denied the mortgagee's request for indemnity costs because the mortgagee acted unreasonably in enforcing the mortgage. The decision was based on the Uniform Civil Procedure Rules 2005 (NSW) r 42.1 and r 42.25. The court ruled that the mortgagee's failure to provide a valid certificate was unreasonable, resulting in the denial of indemnity costs.

Freezing Order Issued Amid Asset Dissipation Concerns

NSW Supreme Court Orders Consolidation of Four Separate Proceedings

The NSW Supreme Court ordered the consolidation of four separate proceedings into one, finding that it would advance the just, quick, and cheap resolution of the real issues in the proceedings, consistent with the requirements of fairness.

Appeal Dismissed: Procedural Fairness Upheld

Supreme Court Rejects Appeal Application Due to Late Filing

Procedure for Damages Assessment in Class Action

Corporate Receivership Remuneration Approved in NSW Supreme Court

The NSW Supreme Court approved the payment of reasonable remuneration to liquidators and receivers involved in the winding up of a corporation. This ensures fair compensation for their services in managing the receivership and liquidation process.

Statement of Claim Dismissed: Bankrupt Lacks Standing

Federal Court Distributes Property Sale Proceeds After Joint Owner's Death

In this case, the Federal Court ordered the distribution of money from a property sale after one owner's death. The court made orders for the a person and a person to be joined as respondents in accordance with bankruptcy and probate laws.

Unrepresented Litigants' Appeal Dismissed by NSW Court of Appeal

Federal Court Rules on Patent Infringement for Vehicle Overstay Detection

In this case, the Federal Court determined that one party's technology used to detect overstayed vehicles in a person spaces violated another party's a person rights. The court also addressed issues related to the validity of these a person and awarded additional damages for specific instances of infringement.

Settlement Approved for Claimant Under Legal Incapacity Due to Birth Injuries

The NSW Supreme Court approved a settlement in a case where a person under legal incapacity claimed damages due to birth-related injuries. The Court ensured the settlement was in the best interest of the claimant.

Unconscionable Conduct Renders Deed Void, Compensation Awarded

Interim Injunction Prevents Registration of Legal Fees Until Client Funds Solicitor

In a legal fee dispute, the Supreme Court of NSW granted an interim injunction preventing the respondent from registering certain certificates as a judgment of the court until the claimant is put in funds by his client. The claimant argued that he was not obligated to pay legal fees until the client placed him in funds, and the court agreed that the claimant had an arguable case.

Restitution Ordered for Unauthorised Withdrawals from Company Bank Account

The court ruled that a shareholder and director must return money taken without permission from a company's bank account, finding the actions amounted to unjust enrichment.

Land Law: Caveat Extensions in NSW Supreme Court

In a land law dispute, the NSW Supreme Court extended two caveats and allowed a fresh caveat to be filed. The court found that there was a serious question to be tried and the balance of convenience favoured the claimant.