Higher Courts
Higher Courts judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
NSW Court of Appeal Upholds Broader Interpretation of Payment Claims Under Security of Payment Act
In a recent case, the NSW Court of Appeal decided that a payment claim under the Security of Payment Act can include claims for amounts obtained through security measures, not just for construction work. This broader interpretation allows for more flexibility in how payment claims are structured.
Capital Gains Tax Appeal Dismissed: Vendor Shareholders Dealt at Arm's Length
Owners Corporation Secures Damages for Defective Building Works
Federal Court Decision on Resource Rent Tax Assessable Receipts
Application for Order Compelling Execution of Security Deed Dismissed
In a recent commercial case, the Supreme Court of New South Wales dismissed an application by a claimant for an order compelling a respondent to execute a General Security Deed. The court found that the obligation to provide 'any adequate' security under the credit agreement was too uncertain to be enforceable.
Lender Can Enforce Loan Against Borrower and Guarantor Despite Oral Agreement Claims
In a commercial case, the Supreme Court of New South Wales ruled that a lender could enforce a loan agreement against a borrower and guarantor, despite the borrower's claims of an oral agreement preventing enforcement. The court found no evidence of such an agreement and dismissed the borrower's arguments.
Land Used for Breeding and Racing Horses Not Eligible for Primary Production Tax Exemption
Insurer Must Provide Indemnity if Fraud Exclusion Does Not Apply
Insurer Entitled to Reimbursement Under Deed of Indemnity
Scheme of Arrangement Approved in NSWSC
Valuation and Buy-Out Orders Vacated Due to Non-Compliance
Proceeding Reassigned Due to Potential Bias in Related Patent Case
The Federal Court of Australia decided to reassign a case to a different judge because of concerns that the original judge might not be impartial in resolving certain issues involving related patents.
Supreme Court Rejects Application to Set Aside Examination Order Due to Non-Disclosure
Supreme Court Denies Registrar-General's Request to Dismiss Compensation Claim for Error in Deposited Plan
Federal Court Rejects Unconscionable Conduct Claim
The Federal Court dismissed a claim alleging unconscionable conduct and unjust enrichment. The claimant argued that the respondent's actions violated consumer law, but the court disagreed, finding no proof of wrongdoing.
Invalid Sale and Transfer of Shares Due to Lack of Proper Authority
Application for Injunctive Relief Refused in Commercial Litigation Case
Summary Judgment Granted for Tax Recovery
The court granted summary judgment to the plaintiff for the recovery of unpaid taxes and penalties from the defendant. The defendant failed to provide an arguable defence to the claim.