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.
Tenant's Fit-Out and Car Parking Rights Upheld in NSW Court of Appeal
Appeal Dismissed: Order Under Restricted Premises Act 1943
The Court of Appeal dismissed an appeal regarding an order under s 17 of the Restricted Premises Act 1943. The court ruled that an order can be made regardless of whether the premises are being used lawfully.
Tribunal Cannot Dismiss Appeal Solely Due to Lack of Costings Evidence
Tenant Entitled to Reduced Damages for Breach of Lease Covenants
Owner and Occupier Liable for Negligence in Managing Premises
The NSW Court of Appeal ruled that an owner and occupier of premises can be held liable for negligence if they direct a manager to perform unsafe tasks without proper instruction or assistance. The court affirmed the trial judge's decision that the manager was not contributorily negligent.
Insufficient Evidence for Self-Defense in Affray Case
NSW Court of Appeal Overturns Ski Resort Accident Ruling
Negligence and Causation Overturned in NSW Court of Appeal
The Court of Appeal allowed the appeal in part, overturning the lower court's decision on causation. The Court found the respondent liable for damages due to inadequate safety measures at the detour site.
Contractual Interpretation Upheld in NSW Court of Appeal
Appeal Dismissed: Officers Do Not Have Personal Right to Company Chattels
NSW Court of Appeal Rejects Extension of Limitation Period for Psychiatric Injuries
Court of Appeal Overturns Economic Loss Assessment Due to Inadequate Reasoning
Senior Living Policy Does Not Apply to Unidentified Land | NSW Court of Appeal
Stay on Payment Out Extended Until Appeal Hearing
The Court of Appeal allowed the stay on payment out to continue until the appeal hearing, but only if the party requesting the stay provides security for costs to protect the other party.
Amateur Sports Injury Appeal Dismissed by NSW Court of Appeal
The claimant was hurt while playing an amateur sport on a field with some bare patches filled with sand. The Court of Appeal ruled that the field met acceptable standards for amateur sports and that the claimant's injuries were not caused by the field's condition, dismissing the appeal.
Negligence in Public Swimming Pool Injury Case Dismissed by NSW Court of Appeal
Court of Appeal Prohibits IR Commission Proceedings Over Lease Agreement
In a recent case, the NSW Court of Appeal decided to stop the Industrial Relations Commission from continuing its proceedings over a lease agreement. The court ruled that the lease agreement did not fall within the Commission's jurisdiction because it did not involve work performed in an industry.