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.
Appeal Dismissed: Insurance Policy Variation for Mental Illnesses Upheld
Appeal Dismissed: Valuation Upheld in Land Acquisition Case
In a land acquisition case, the NSW Court of Appeal dismissed the appeal, upholding the valuation of land based on an agreement between experts and evidence provided during the trial. The Court ruled that it was not bound by the agreement if the evidence supported a different valuation.
Fraudulent Purchase of Car: Appeal Dismissed by NSW Court of Appeal
The NSW Court of Appeal dismissed the appeal, confirming the existence of a contract between the parties despite the fraudulent actions of one party. The contract was evidenced by an invoice and payment, and the court ruled that the exclusion clause did not exclude warranty as to title.
Tenant Entitled to Full Evidence Including Legal Advice in Lease Disputes
The Court of Appeal ordered a new trial because evidence related to legal advice was improperly excluded during the original trial. The decision underscores the importance of considering all relevant evidence, including legal advice, in lease disputes.
Supplier Held Liable for Damages Caused by Contaminated Chaff
The Court of Appeal decided that a supplier can be held responsible for damages caused by contaminated goods if they breach an implied warranty of merchantable quality. In this case, the supplier was found liable for the poisoning of the claimant's horses due to contaminated chaff.
Stay of Order Pending Setting Aside of Judgment Under Security of Payment Act
Costs of Appeal Partially Allowed in NSW Court of Appeal Case
The NSW Court of Appeal allowed the appeal in part, increasing the awards for past and future economic loss and superannuation. The respondent must pay 80% of the appellant's costs of the appeal, assessed on a party/party basis.
NSW Court of Appeal Dismisses Frivolous Proceedings Seeking Stay of Execution
Medical Practitioner's Right to Use Shared Facilities Reversed
Medical Negligence Case Partially Allowed by NSW Court of Appeal
Transfer of Poker Machine Entitlements Requires Lessor's Consent
Appeal Dismissed: Unconscionable Dealings Requires Proving Special Disadvantage
The NSW Court of Appeal dismissed an appeal regarding unconscionable dealings, ruling that the claimant did not prove a special disadvantage affecting her ability to judge her best interests. The case highlights the importance of demonstrating a significant disadvantage in such claims.
Appeal Dismissed in Mortgage Dispute Involving Accessary Liability
Claimant Ordered to Pay Respondent's Appeal Costs, Excluding Senior Counsel
Leave to Appeal Refused in Defamation Case Involving Jury Selection
NSW Court of Appeal dismisses appeal over s 170 Police Act interpretation
The NSW Court of Appeal dismissed an appeal that sought to reinterpret section 170 of the Police Act 1990. The court ruled that interpreting this section was irrelevant to the core issue of whether the claimant had suffered a compensable psychological injury.
Appeal Dismissed: Doctor's Failure to Advise on HIV Test Results
Court of Appeal Grants Leave to Appeal Limitation Period Case
the address of Appeal granted leave to appeal, set aside a lower court decision and remitted the matter for trial due to issues with the respondent's awareness of personal injury and its connection to the claimant's acts or omissions. The case involved an application under s 60G of the Limitation Act 1969.
Requirements for Defending Against a Default Judgment in NSW
In this case, the Court of Appeal dismissed an appeal regarding a default judgment. The court emphasised the importance of providing a defense on the merits, meaning the defendant must show that there is a genuine defense to the claims made against them. The case involved allegations of misappropriation of funds and false documentation.
NSW Court of Appeal Rules Against Licence Suspension Appeal
The claimant tried to appeal against the automatic suspension of their driving licence due to accumulating demerit points. However, the Court of Appeal ruled that since no 'decision' was made to suspend the licence, the claimant had no right to appeal. This decision was based on specific sections of the Road Transport (Driver Licensing) Act 1998 and the Road Transport (General) Regulation 1999.