General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Nominal Damages Do Not Constitute Victory for Claimant in Costs Determination
Will Interpretation: Understanding the Gift Over Clause
Medical Negligence Case Partially Allowed by NSW Court of Appeal
Transfer of Poker Machine Entitlements Requires Lessor's Consent
Fourth Respondent's Application to Strike Out Rejected
In this case, the Federal Court rejected an attempt by the a person party involved in a dispute to have the legal claims against them dismissed. The court found that the claims presented enough evidence to proceed with a trial.
Appeal Dismissed: Unconscionable Dealings Requires Proving Special Disadvantage
The NSW Court of Appeal dismissed an appeal regarding unconscionable dealings, ruling that the claimant did not prove a special disadvantage affecting her ability to judge her best interests. The case highlights the importance of demonstrating a significant disadvantage in such claims.
Parking Easement Claim Rejected by NSW Supreme Court
Order for Specific Performance Granted in Land Sale Contract Case
Federal Court Sets Aside Multiple Bankruptcy Notices for Abuse of Process
In this case, a a person challenged a bankruptcy notice issued by a person, claiming it was unfair to issue multiple notices after setting aside an earlier one. The Federal Court agreed that such conduct is an abuse of process and ruled in favour of the a person.
Appeal Dismissed in Mortgage Dispute Involving Accessary Liability
Federal Court: Omission in Bankruptcy Notice Does Not Invalidate It
In this case, a person Federal Court ruled that a bankruptcy notice can still be valid even if it does not include all required notes as long as there is no significant harm to a person person who received a person notice. This decision clarifies a person requirements for issuing a bankruptcy notice in Australia.
Claimant Ordered to Pay Respondent's Appeal Costs, Excluding Senior Counsel
Provisional Liquidation Ordered Due to Management Breakdown
Accounting Issues Between Former Partners Referred to Liquidator
In a dispute between former partners, the NSW Supreme Court decided to refer all remaining issues to a chartered accountant/liquidator for resolution. This includes accounting issues and disputes over fiduciary duties.
Statement of Claim Struck Out for Inadequate Pleading, Leave Given to Amend
In this case, the Federal Court struck out a statement of claim because it was not properly prepared according to legal standards. The court allowed the claimant to file an amended version by December 23, 2004, and suggested mediation as part of resolving the dispute.
Insurer Allowed to Join Proceedings Against Plaintiff
In this case, the insurer was allowed to join legal proceedings to argue that it had no obligation to pay compensation to the plaintiff under a CTP insurance policy. Despite the plaintiff's efforts to keep his options open, the court ruled in favour of the insurer and granted it costs.
Leave to Appeal Refused in Defamation Case Involving Jury Selection
Without Prejudice Documents Cannot Be Used for Forensic Purposes
In a legal case, the court decided that documents marked 'without prejudice' cannot be used for forensic purposes during trials. This ruling is based on the Supreme Court Act 1970, which protects these types of communications.
Email Maintains Legal Professional Privilege in NSW Supreme Court Case
In this case, the court decided that an email is still protected by legal professional privilege and cannot be inspected. The email was sent to collect information for a lawsuit.