Court of Appeal (NSW) case law
Judgments from the Court of Appeal (NSW) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
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 Court of Appeal Partially Allows Councillor's Appeal on Expulsion and Papers
Judicial Review of Conviction Inquiry Dismissed by NSW Court of Appeal
Costs Order Based on Offer of Compromise in NSW Court of Appeal Case
In this case, the NSW Court of Appeal reviewed a District Court judgment and decided on the costs based on an earlier offer of compromise made by the defendant. The Court awarded the plaintiff $7,517.25 and adjusted the costs according to the terms of the offer.
Fraud Claim in Payment Under Security of Payment Act Allowed in Part
Application for Preliminary Discovery Appeal Dismissed
The NSW Court of Appeal dismissed an application for leave to appeal concerning preliminary discovery due to the broad scope of documents requested and lack of specificity regarding the documents sought.
NSW Court of Appeal Orders Security for Costs in Defamation Appeal
Easement Must Clearly Indicate Benefited Land to Bind Successors in Title
In this case, the Court of Appeal decided that an instrument granting an easement must clearly indicate the land to which the benefit of the easement is appurtenant to be enforceable against successors in title. The court ruled that the instrument in question did not meet this requirement.
Stay Granted Pending Appeal Outcome
The Court of Appeal granted a stay of orders entered against the claimant pending the outcome of an appeal. The claimant argued that without a stay, the appeal would become abortive due to potential bankruptcy proceedings.
Option to Purchase Land Not Validly Exercised Due to Non-Compliance
Employer Held Liable for Worker’s Injury Due to Unsafe Work Environment
The Court of Appeal decided that an employer must provide a safe working environment for their employees and is responsible for any injuries that occur due to unsafe conditions. In this case, a worker was injured while working and the employer was found liable for the injury.
Appeal Dismissed: Property Transfer Not Fraudulent
Rejection of Reasonable 'Walk-Away' Offers of Compromise Unreasonable
Tenant's Appeal Stay Request Rejected by NSW Court of Appeal
NSW Court of Appeal Overturns Family Provision Order
The NSW Court of Appeal ruled that a lower court's decision to grant family provision to a respondent was incorrect. The Court emphasised the importance of understanding the testator's intentions and the moral obligations owed to beneficiaries, ultimately dismissing the respondent's claim for family provision.