General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Partial Disclosure Does Not Waive Client Legal Privilege
The court looked at whether partial disclosure of private legal discussions waives the right to keep those discussions confidential. The court ruled that just disclosing that legal advice was given, without revealing the advice itself, does not waive the right to confidentiality.
NSW Court of Appeal dismisses appeal over s 170 Police Act interpretation
The NSW Court of Appeal dismissed an appeal that sought to reinterpret section 170 of the Police Act 1990. The court ruled that interpreting this section was irrelevant to the core issue of whether the claimant had suffered a compensable psychological injury.
Claimant Partially Successful in NSW Supreme Court Case
In this case, the claimant sought damages for breach of a lease covenant and entitlement to machinery. The court found the claimant partially successful and ordered them to pay 60% of the respondent's costs.
Appeal for Lease Rectification Due to Suspected Mistake Dismissed
The claimant tried to get a lease changed because they thought there was a mistake regarding GST inclusion. However, the court decided that just suspecting a mistake wasn't enough; there needed to be clear proof of an error. Therefore, the appeal was dismissed.
NSW Supreme Court Orders 50% Costs for Discovery and Production Mistakes
In this case, the court ruled that the plaintiff must pay 50% of the costs associated with discovery and document production issues because of mistakes made during the discovery process.
Amendment to Statement of Claim Allowed with Adjournment in NSW Supreme Court Case
How to Avoid Relitigating General Issues in Dust Diseases Cases
Victim Awarded Damages for Closed Head Injury Caused by Police Officer
NSW Supreme Court Grants Leave to Appeal but Dismisses Appeal
The plaintiff asked the court to overturn a decision on costs made by a local court magistrate and to get costs from the defendants. The court allowed the appeal to proceed but ultimately rejected it, upholding the lower court's decision on costs orders.
Claimant Fails to Mitigate Losses After Terminating Contract
The claimant sued for damages after terminating a contract but failed to show that they took reasonable steps to reduce their losses. The court decided that the claimant was not entitled to any damages because they did not properly mitigate their losses.
Valuation Report Use Limited Due to Valuer’s Unavailability
The NSW Supreme Court decided to limit the use of a valuation report because the valuer who prepared it was unavailable for cross-examination. This decision was made to adhere to the Evidence Act 1995 (NSW).
Relationship Breakdown Leads to Winding Up Orders in NSW Supreme Court Case
The NSW Supreme Court ordered the winding up of solvent companies after finding that there was a breakdown in relations between the parties and it was just and equitable to do so, according to the Corporations Act 2001.
Unconscionable Loan Agreements Ruled Unjust in NSW Supreme Court
Appeal Dismissed: Doctor's Failure to Advise on HIV Test Results
Court of Appeal Grants Leave to Appeal Limitation Period Case
the address of Appeal granted leave to appeal, set aside a lower court decision and remitted the matter for trial due to issues with the respondent's awareness of personal injury and its connection to the claimant's acts or omissions. The case involved an application under s 60G of the Limitation Act 1969.
Compensation for Mesothelioma Due to Asbestos Exposure
Requirements for Defending Against a Default Judgment in NSW
In this case, the Court of Appeal dismissed an appeal regarding a default judgment. The court emphasised the importance of providing a defense on the merits, meaning the defendant must show that there is a genuine defense to the claims made against them. The case involved allegations of misappropriation of funds and false documentation.