General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Costs Order Against Bankrupt Debtor in NSW
The court decided that a debtor who filed for bankruptcy must pay the costs of the proceedings against him in a gross sum of $140,000. This decision was made under the Civil Procedure Act 2005 (NSW).
Injunction Granted Against Assessment Conference in Motor Vehicle Accident Case
Supreme Court Orders Specific Repairs to Property Amid Financial Constraints
Supreme Court Dismisses Interest and Costs Claims After Settlement
Federal Court Rejects Claimant’s Application for Preliminary Discovery
A real estate company's request for early access to documents from other companies was denied by the Federal Court because it failed to meet legal requirements under the a person Act and the Federal Court Rules.
Estate Administrator Entitled to Specific Indemnity Costs
In this case, the court decided on the interest rates for various payments made in an estate dispute. The administrator was entitled to indemnity for certain costs but not others, depending on their duties and any breaches of those duties.
Debt Recovery Case: Appeal and Cross-Appeal Dismissed
The Court of Appeal dismissed both the appeal and cross-appeal, confirming that the appellant authorised her estranged husband to jointly borrow from the respondents and that the interest rate of 48% per annum was not a normal incident of borrowing.
Supreme Court Decision on Costs and Indemnity
In this case, the Supreme Court of New South Wales dismissed the claimant's claim but ordered the defendant to pay the second claimant $913,439 and pre-judgment interest. The court also decided that the costs of preparing unused evidence should not be granted to the claimant.
Federal Court Rules on Costs of Patent Amendment Applications
In this case, the Federal Court decided that each party should pay their own legal costs associated with interlocutory applications made to amend a patent application. This decision reflects the court's discretion in managing procedural aspects of intellectual property cases.
NSW Court of Appeal Upholds Unjust Contract Ruling
The NSW Court of Appeal upheld a lower court's decision that a settlement and release deed was unjust. The Court found that the deed placed an unreasonable burden on the employee without being necessary to protect the employer's interests.
NSW Supreme Court Approves Settlement for Minor with Cerebral Palsy
Court Allows Defendants to Amend Defences at Final Hearing
Grant of Leave for Derivative Proceedings Under Corporations Act
Claimant Granted Judgment for Loan Default in NSW Supreme Court
Federal Court Allows Virtual Meetings and Software Use in Virgin Australia's Administration Process
The Federal Court allowed administrators to hold virtual meetings with a person and use specific software called a person for managing a person information during the administration process of multiple companies under Virgin Australia. This decision was made based on provisions in the Corporations Act and Insolvency Practice Rules.