Court of Appeal (NSW) case law

Employer Liability for Asbestos Exposure Overturned

The NSW Court of Appeal decided that an employer's responsibility for asbestos-related health issues starts when the worker was last exposed to asbestos in their job. This ruling overturned a previous decision by a lower court.

NSW Court of Appeal Upholds Blameless Motor Accident Compensation

NSW Court of Appeal dismisses appeal on legal costs in compulsory land acquisition

Court of Appeal Rejects Leave to Appeal on Contractual Dispute

In this case, the Court of Appeal dismissed an application for leave to appeal from a lower court’s decision about interpreting a lease agreement. The applicant argued that there was an error in how certain parts of the contract were understood and applied by the expert and the primary judge, but the Court found no strong evidence of such errors.

NSW Court of Appeal Vacates Notations, Sets Hearing Date

In this case, the Court of Appeal decided to cancel some earlier procedural steps and scheduled a new hearing date. This decision allows the parties involved more time to prepare their arguments regarding whether additional evidence should be considered in the appeal process.

Application for Leave to Appeal Dismissed by NSW Court of Appeal

In this case, the NSW Court of Appeal dismissed an application for leave to appeal from interlocutory orders made in the District Court. The Court determined that the orders were procedural and no errors were identified in the original judgment. Despite the applicants' claims of medical conditions affecting their ability to prepare the appeal, the Court found that these conditions did not justify overturning the original decision.

Employment Appeal: Employer Must Justify Summary Dismissal for Serious Misconduct

NSW Court of Appeal Rejects Reopening Orders Application

The NSW Court of Appeal rejected an application to reopen previous court orders, emphasising the need for procedural fairness and efficiency. The applicant, who was self-represented, attempted to challenge the restrictions placed on his ability to appeal certain decisions.

Application for Leave to Appeal Dismissed Due to Lack of Reasonable Cause of Action

Conversion of Notes Follows Terms of Issue: NSW Court of Appeal

The Court of Appeal allowed the appeal, dismissing the cross-appeal. It ruled that the conversion of the Tranche B notes should follow the formula in the Terms of Issue and that the borrowing was organic debt. The Court held that evidence of prior negotiations was inadmissible to demonstrate the manner of calculation of the exercise price in a put option agreement.

Validity of Search Warrant Issued Under Law Enforcement Powers

Medical Practitioner's Limited Registration Appeal Rejected

Appeal Dismissed: Solicitor Removed From Roll Due To Professional Misconduct

Landlord Not Liable for Hiring Independent Contractor to Install Range Hood

The NSW Court of Appeal decided that a landlord was not negligent for hiring an independent contractor to install a range hood. The Court found that the landlord had acted reasonably in choosing the contractor and was not responsible for the contractor's actions.

NSW Court of Appeal Upholds Employer Liability for Compensation Based on Injury Occurrence Date

Court Rejects Late Costs Application in Judicial Review

Tribunal Erred in Considering Matters Outside Original Complaint in Lawyer Discipline Case

The NSW Court of Appeal found that the Tribunal made a mistake by considering issues unrelated to the original complaint in a case involving a lawyer's disciplinary action. The Court set aside the Tribunal's decision and sent the case back for a fresh look.

Appeal Dismissed: Agreement Not Authorised by Local Government Act

The NSW Court of Appeal dismissed an appeal regarding an agreement for land rates between a mining company and a local council. The court ruled that the agreement was not authorised by the Local Government Act 1993 (NSW) because it restricted the council's ability to set future rates according to the law.

Court of Appeal revokes declarations and orders on lease and licence agreement

Claimant's Request for Judge Disqualification Denied