General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Unreasonable Rejection of Offer Leads to Indemnity Costs Award
Plaintiff Ordered to Pay Costs in Gross Sums to Defendant and Medical Council
Full Federal Court Grants Leave, Allows Appeal in Franchising Case
In a franchising dispute case, the Full Federal Court granted permission to appeal and allowed the appeal against orders dismissing an application for leave to file an amended cross-claim. The court found that the primary judge's decision was unreasonable due to lack of procedural fairness and disregard for timely resolution.
Each Party Bears Own Costs After Prompt Settlement
Validity of Notice to Produce Documents After Discovery
Federal Court Refuses Claimant’s Request to Stay Sequestration Order
In this case, the claimant asked for an order to stop a bankruptcy decision from taking effect while she appealed it. However, the Federal Court decided against her request because there was no strong argument in her favour and the other party would suffer more if the order was granted.
Stay Application for Judgment Enforcement Dismissed
Federal Court: An ASX-listed company fails continuous disclosure obligations
The Federal Court ruled that an a person-listed company failed to comply with continuous disclosure obligations under securities law when it did not disclose material information about its Mozambique coal projects. The court found in favour of the a person Commission, ordering the company to pay a $750,000 penalty.
Supreme Court Removes Tutor Lacking Evidence of Incapacity
Supreme Court Rejects Claimant's Bid to Enforce Land Sale Contract
Federal Court Rejects Appeal on Business Interruption Insurance Coverage for COVID-19
In this case, an a person entity appealed a decision denying insurance coverage for business interruptions due to government restrictions imposed during the COVID-19 pandemic. The Federal Court dismissed the appeal, confirming that such policies typically do not cover losses from non-physical damage or events like pandemics.
Lessee Required to Pay Outstanding Amounts Under Leasing Agreement
The claimant sued to recover money owed under a leasing agreement after the lessee failed to make payments. The court ruled in favour of the claimant, ordering the lessee to pay the outstanding amounts.
Uncontested Case Results in $40,000 Gross Sum Costs Order
Personal Injury Claim Rejected Due to Pre-Existing Conditions
In a personal injury case, the court ruled against the claimant's request for compensation for past and future economic losses. The court determined that the claimant's existing health issues and unrelated factors, rather than the accident, were responsible for the loss of earning capacity.
Expert Report Admitted Despite Lack of Personal Examination
Federal Court Approves Changes for Scheme of Arrangement Meeting
The Federal Court approved changes for a scheme of arrangement meeting. The main changes include allowing shareholders who vote directly before the meeting to be counted as present and permitting shareholders to participate virtually during the meeting.
Construction of Will and Family Provision Relief in NSW Supreme Court
Costs Not Automatically Follow Event in Mixed Success Cases
Contract Dispute Over Cybercrime Loss Decided in favour of Claimant
In a Local Court of NSW case, the court ruled in favour of the claimant, finding that the defendant had not fulfilled its contractual obligations despite making payments into an incorrect account due to cybercrime. The court determined that the defendant could not avoid paying the claimant under the contract by arguing that it paid the claimant through a fraudulent transaction.