General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Vendor Must Transfer Land Free of Encumbrances Under Open Contract
Admissibility of Expert Evidence in Complex Litigation
In this complex litigation, the court reviewed the admissibility of various items of expert evidence, applying the Evidence Act 1995 (NSW) criteria. The judgment provides guidance on the admissibility of expert evidence in legal proceedings.
Fraudulent Purchase of Car: Appeal Dismissed by NSW Court of Appeal
The NSW Court of Appeal dismissed the appeal, confirming the existence of a contract between the parties despite the fraudulent actions of one party. The contract was evidenced by an invoice and payment, and the court ruled that the exclusion clause did not exclude warranty as to title.
Federal Court Adjourns Winding-Up Application to Allow Company Administration
The Federal Court decided to delay a decision to wind up a company, allowing the company to continue operating under administration if it benefits the creditors. This decision was made based on the Corporations Act 2001 (Cth) s440A(2).
Admissibility of Expert Financial Reports in Complex Case
Federal Court Rejects Unconscionable Conduct Claims Against Retailers
Appeal Dismissed Due to Insufficient Evidence
Defamation Case: Claimant Awarded $100,000 for Damages
Supplier Held Liable for Damages Caused by Contaminated Chaff
The Court of Appeal decided that a supplier can be held responsible for damages caused by contaminated goods if they breach an implied warranty of merchantable quality. In this case, the supplier was found liable for the poisoning of the claimant's horses due to contaminated chaff.
Appeal Dismissed: Plaintiff Liable for Fees
Appeal Dismissed: Lump Sum Agreement Upheld in Production Shoot Dispute
Supreme Court Rules in favour of Driver in Pedestrian Accident Case
In this case, a pedestrian was hit by a vehicle while crossing an intersection in a wheelchair. The Supreme Court of New South Wales ruled in favour of the driver, stating that the driver had exercised reasonable care despite the presence of a stationary vehicle in the right turn lane and the pedestrian crossing against a red light.
Supreme Court Rules Arbitrator Lacked Jurisdiction in Fraud Case
The Supreme Court of NSW decided that an arbitrator did not have the authority to hear a case involving allegations of fraud and misrepresentation. The court found that the arbitrator's ruling was invalid and set it aside.
Federal Court Orders Claimant to Pay Costs Except Argument Costs
Subpoena Upheld: Legitimate Forensic Purpose Established
Stay of Order Pending Setting Aside of Judgment Under Security of Payment Act
NSW Supreme Court Denies Summary Dismissal of Share Payment Dispute
Costs of Appeal Partially Allowed in NSW Court of Appeal Case
The NSW Court of Appeal allowed the appeal in part, increasing the awards for past and future economic loss and superannuation. The respondent must pay 80% of the appellant's costs of the appeal, assessed on a party/party basis.