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.
Worker's Brain Damage Recognised as Permanent Despite Short Survival Time
Appeal Dismissed: Contract Repudiation and Anticipatory Breach
Appeal Allowed: Solicitor Not Personally Liable for Client's Costs
The NSW Court of Appeal decided that a solicitor was not personally responsible for paying a client's outstanding costs to another solicitor. The Court found that the solicitor did not create an obligation to pay the costs, as they neither explicitly nor implicitly promised to do so.
Appeal dismissed for noise-induced hearing loss claim extension
The NSW Court of Appeal dismissed an appeal seeking an extension of time for a claimant to bring a personal injury claim due to noise-induced hearing loss. The claimant argued that he was unaware of the connection between his hearing loss and his employment until 1996. However, the Court found that the claimant had sufficient information to bring a claim much earlier and that it was not just and reasonable to extend the limitation period.
Court of Appeal Upholds Trial Judge's Decision on Industrial Accident
Appeal Dismissed: Passenger Injury Case
The Court of Appeal dismissed the appeal, confirming that the defendant was not liable for a passenger's injuries if the passenger stepped off a moving train, rather than being thrown from it. The case turned on the jury's interpretation of the events and the directions given by the trial judge.
Stay of Execution Granted Until 16 February 2001 - NSW Court of Appeal
The Court of Appeal granted a stay of execution of judgment until 16 February 2001, allowing the claimant to seek special leave to appeal. The claimant had mortgaged two grazing properties and was facing a sale due to default. The court considered the potential destruction of the properties and the claimant's financial ability to repay the debt.
Partial Success in Appeal Over Construction Safety Regulations
Appeal Dismissed as Incompetent Due to Procedural Errors
This case involves an appeal that was dismissed as incompetent because the appellant did not follow the correct procedures. The Court of Appeal ruled that the appeal was not valid due to procedural errors, such as not obtaining permission to appeal and failing to have the appeal struck out as incompetent.