General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Directors win defamation case over property sale lies
Discharge Application Denied in Defamation and False Imprisonment Case
Contract Not Frustrated Due to Temporary Inability
Statutory Demand Set Aside Due to Genuine Disputes in Plumbing Contract Case
Compensation Awarded for Paraplegia Caused by Workplace Accident
Increase in Legal Expenses Allowed, Specific Fund Access Denied
Security for Costs Ordered for Plaintiff Residing Outside State
In a defamation case, the NSW Supreme Court ordered the plaintiff to provide security for the defendant's costs in the amount of $40,000. The plaintiff resided outside the state, leading to the court's decision to require security for costs.
Legal Professional Privilege in Subpoena Cases
Federal Court Decision on Legal Professional Privilege
This case involves a dispute about whether certain documents are protected by legal professional privilege. The Federal Court of Australia ruled that the party seeking to maintain this privilege was entitled to do so if the communications were made for obtaining legal advice or preparing for legal proceedings.
Appeal Dismissed: Legal Representation Not Found Negligent
A self-represented litigant appealed a decision claiming negligence in legal representation. The NSW Court of Appeal dismissed the appeal, affirming the lower court's ruling that the solicitor's actions were not negligent.
NSW Court of Appeal Rejects Extension of Limitation Period for Hearing Loss Claim
Federal Court Orders Shareholder and Optionholder Meetings
The Federal Court ordered an online retailer to hold meetings for its shareholders and optionholders. These meetings are part of a plan to move the company's headquarters from Australia to the USA, affecting how shares and options are managed.
Federal Court Upholds Legal Professional Privilege Over Compelled Documents
In this case, the Federal Court ruled in favour of a company's claim to a person over certain documents it had been compelled by law to produce. This decision confirms that companies can maintain confidentiality for privileged communications even when forced to hand them over under statutory requirements.
NSW Court of Appeal Upholds Decision Against Road Authority Over Hazardous Barrier
The NSW Court of Appeal ruled that a local council was negligent for not removing a dangerous barrier on a public footpath. The barrier, a low crossbar, caused a pedestrian to fall and sustain injuries.
Notice of Rescission Must Be Clear and Timely
Appellant's Motion to Set Aside Order Dismissed
Federal Court Upholds Customer Authorisation for Casino to Appropriate Funds
The Federal Court of Australia decided that a customer's authorisation for a casino to appropriate funds towards reducing an outstanding credit facility is valid if given in accordance with the terms of the agreement. The court dismissed the claimant's arguments regarding the validity of the listing as a defaulter.
Costs of Appeal Ordered on Indemnity Basis Due to Offer of Compromise
The Court of Appeal ruled that the appellant must pay the costs of the appeal on an indemnity basis because the respondent's offer of compromise was significantly lower than the final verdict obtained at trial. The decision was influenced by the principles governing indemnity costs in appeals and the impact of offers of compromise made during the trial.
Appeal Allowed: Injury Not Caused By Vehicle Defect
Claimant Establishes Constructive Trust Over Matrimonial Home in Bankruptcy Case
In this case, the Federal Court of Australia ruled that a spouse can establish a constructive trust over their matrimonial home if they made substantial financial and non-financial contributions. This prevents the property from being divided among creditors in bankruptcy proceedings.