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.
Claimant Granted Permission to File Garnishee Order Against Trustee
Landlord consented to lease assignment in equity
Supreme Court Rules on Defamation Imputations from Facebook Posts
In a defamation case, the Supreme Court of New South Wales reviewed objections to the form of imputations made in a statement of claim. The court determined that some imputations were too vague and should be removed, while others were found to be clear enough to proceed.
Tenant's Urgency Claim for Mandatory Injunction Rejected by Supreme Court
Supreme Court Orders Costs Against Plaintiff
The Supreme Court of NSW ruled that the plaintiff must pay the defendants' costs of the proceedings, including the Notice of Motion, on the ordinary basis. The plaintiff had tried to appeal decisions regarding his eviction from rented retail space.
Client Legal Privilege Not Waived in Professional Negligence Case
Cost Allocation in Probate and Family Provision Cases
The court ruled on how to allocate costs among family members involved in probate and family provision proceedings. The decision was based on the specific circumstances of each case, determining whether costs should be paid out of the estate on an indemnity or ordinary basis.
Supreme Court Confirms Estate Management for Injured Person
Liquidators Can Distribute Trust Funds After Costs
The liquidators of a company in liquidation can distribute the trust funds among the beneficiaries after paying their reasonable costs and expenses. The Court confirmed that the liquidators are entitled to distribute the remaining balance among the beneficiaries according to their claims.
Software Licensing and Copyright Infringement Case
Successful Appeal Sets Aside Original Costs Order
Supreme Court Rejects Claimant's Request for Declaration of Interest
The Supreme Court of New South Wales dismissed the claimant's request for a declaration of a caveatable interest over the real property. The court ruled that the land subject to the Extraction Agreement does not include the land within the Mulwaree Shire.
Property Held on Trust for Both Parties
The Supreme Court of New South Wales decided that a property purchased by a family member for another is held on trust for both parties in equal shares if there is a mutual intention to do so.
Supreme Court Upholds Practising Certificates for Legal Practitioners Despite Financial Misconduct
Conditional bail granted for drug trafficking appeal
Orders Facilitating Sale of Rare Bank Notes
Contract declared void for harshness, compensation ordered
The court declared a contract void because it was considered harsh or unjust. The contract involved the liability of a loan being shared among certain parties. As a result, compensation and interest payments were ordered.
Supreme Court Approves Settlement for Minor Brain Injury
The Supreme Court of New South Wales approved a settlement for a minor plaintiff who suffered a brain injury from a water feature. The court considered the risks of establishing liability and approved a reduced settlement amount.