Supreme Court of New South Wales case law
Judgments from the Supreme Court of New South Wales 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.
Summary Judgment Granted for Tax Recovery
The court granted summary judgment to the plaintiff for the recovery of unpaid taxes and penalties from the defendant. The defendant failed to provide an arguable defence to the claim.
Supreme Court Rejects Stay Application in Fatal Boating Collision Case
The Supreme Court of New South Wales rejected an application to move a case involving a fatal boating collision in Fiji to be heard in Fiji instead. The court ruled that New South Wales was an appropriate forum for the case.
Claimant Wins Mortgage Challenge Using Estoppel
Supreme Court Grants Leave for Shareholders to Bring Derivative Proceedings
The Supreme Court of NSW granted permission for shareholders to bring derivative proceedings against a company. The shareholders argued that the company's director had breached their duties, leading to improper financial transactions. The Court found that the shareholders had demonstrated serious questions to be tried, thus granting them leave to proceed.
Appeal Dismissed Due to Reasonable Argument on Time Limits
The appeal was dismissed because there was a reasonable argument that the appeal was not filed out of time. The court took into account an outstanding application for extending the time limit under the Uniform Civil Procedure Rules 2005 (NSW).
Application for Estate Provision Dismissed by NSW Supreme Court
The NSW Supreme Court dismissed an application for provision out of the estate of a deceased parent. The court found that the deceased's will had already made adequate provision for the claimant, rejecting the claimant's request for further provision.
Supreme Court Refuses Bail for Murder Charge Despite Delay
Tribunal Has Jurisdiction Over Building Claims Under Home Building Act
NSW Supreme Court Grants Restraining Order Against Suspected Criminal
Tenant Granted Relief Against Forfeiture in NSW Supreme Court
The NSW Supreme Court ruled in favour of a tenant who sought to renew their lease despite some breaches. The court determined that the breaches were minor and did not cause any loss to the landlord, thus granting the tenant relief under the Conveyancing Act 1919 (NSW).
Supreme Court Lacks Jurisdiction in Release Application Under Bail Act 2013
Restraining Order Issued for Suspected Serious Criminal Activity
Supreme Court Rules No Event of Default in Negative Pledge Breach
In a commercial contract dispute, the Supreme Court of NSW ruled that a breach of a negative pledge clause did not constitute an event of default. The court found that the breach did not have a significant adverse effect on the financial obligations.
Supreme Court Grants Restraining Order Against Seized Cash Linked to Proceeds of Crime
The Supreme Court of New South Wales granted restraining orders against seized cash linked to suspected proceeds of crime. The court found reasonable grounds for suspicion based on the defendant's suspicious behavior and the presence of large amounts of cash.
Claimant Allowed to Appear Via AVL During Serious Criminal Trial
In a serious criminal case, the Supreme Court of NSW allowed the defendant to appear via audio visual link (AVL) during his trial due to health concerns. The court took into account the defendant's age, diabetes, and past experiences of motion sickness, ensuring fair trial conditions and efficient use of resources.
Order for possession of property granted in NSW Supreme Court
NSW Supreme Court Orders Genetic Testing in Medical Malpractice Case
Supreme Court Grants Judgment on Separate Issues Related to Loans and Guarantees
The Supreme Court of NSW granted judgment in favour of the plaintiff on separate issues related to loans and guarantees. The defendant failed to establish a defence to the claim for repayment and could not set off alleged harm to the company against the debt.