General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Trust Claims Rejected in Family Property Dispute
Proceedings Transferred to Supreme Court and Cross-Claim Allowed
In this case, the Supreme Court of New South Wales decided to move a legal case from the District Court to the Supreme Court. They also allowed a cross-claim to be filed, finding that it was necessary for a fair and efficient resolution of the issues involved.
Supreme Court Denies Vexatious Litigant Leave to Appeal
The Supreme Court of New South Wales denied a litigant's request for permission to appeal, ruling that the litigant's actions were considered vexatious and did not meet the criteria for a valid appeal.
Claimant Granted Preliminary Discovery to Assess Potential Claims
Equitable Lien Imposed to Recover Unpaid Loans in NSW Supreme Court Case
District Court Rejects Motion to Strike Out Worker Status Allegations
Validity of AGM and Election in NSW Supreme Court
Successful Litigation Costs Determination - Supreme Court NSW
In a successful lawsuit, the court decided that the losing party must cover the winning party's legal costs up to a certain date on an ordinary basis and thereafter on a more stringent basis if the losing party's defense was deemed unsuccessful.
Guidance on Using Charitable Funds for Volunteer Firefighters
The Court provided guidance on how charitable funds raised for volunteer firefighters affected by bushfires can be used. The funds can be used to support firefighters and their families, provide mental and physical health training, and cover course fees for skill improvement.
Costs Awarded on Indemnity Basis After Rejected Calderbank Offer
The court decided to award the claimant's legal costs on an indemnity basis after the defendant's Calderbank offer was rejected. The claimant achieved a better result than the offer suggested, leading to the costs being awarded on an indemnity basis.
Supreme Court Grants Preliminary Discovery for Alienation of Property Claim
District Court Rejects Claimant's Request to Continue Motor Accident Compensation Proceedings
Claimant Seeks Judicial Advice on Settling a Claim for $90,000
Court Rejects Suit Against Liquidator Over Trade Mark Dispute
In this case, the Supreme Court of New South Wales refused to allow a company's directors to sue the appointed a person for selling trade a person during the winding-up process. The court ruled that because the directors did not cooperate with the a person and waited years before raising their concerns, they could not now bring legal action against a person.
Insured Party Granted Leave to File Cross-Claim Against Insurer
The court allowed a defendant to file a cross-claim against their insurer for indemnity, despite the plaintiff's objections. The defendant argued that they were entitled to coverage under an insurance policy, and the court agreed that they could pursue this claim.
Federal Court Extends Creditor Meeting Adjournment Period
In this case, the Federal Court allowed an extension of the adjournment period for a second a person' meeting beyond what was originally permitted by law. This decision aims to give administrators more time to explore options that could benefit a person, such as selling the company's remaining business or negotiating a deed of company arrangement.
Federal Court Grants Extension for Second Creditors Meeting
The Federal Court allowed administrators more time to investigate insolvent companies before holding a a person meeting with a person. This decision helps ensure that all assets are properly assessed for maximum benefit.
Rescission of Apartment Sale Contract Due to Internal Area Discrepancy
The claimant successfully rescinded a contract for the sale of a residential apartment because the actual internal area of the apartment was more than 5% less than the expected area. The court ruled in favour of the claimant, returning the deposit.