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.
Supreme Court Rules in favour of Patent Holder in Infringement Case
The Supreme Court of NSW ruled that the defendant's product infringed the plaintiff's patent, as it performed the same function in the same manner as the patented invention. The court granted the plaintiff relief under the settlement agreement and patent infringement laws.
Admissibility of Prior Inconsistent Statements in Criminal Trials
In a criminal trial, the court decided that a prior inconsistent statement can be used as evidence of the truth of its contents if it meets specific criteria under the Evidence Act. This decision applies to criminal cases in New South Wales.
Liquidator Allowed to Continue and Initiate Proceedings Against Directors
Supreme Court Orders More Details in Injurious Falsehood Case
Claimant denied indemnity costs after rejecting settlement offers
The court decided not to grant indemnity costs to the claimant who had previously rejected settlement offers. The court ruled that the claimant had achieved some success in the proceedings and acted reasonably.
Conditional bail granted pending appeal in NSW
Default Judgment Set Aside for Corrective Amendment in NSW Supreme Court
The NSW Supreme Court set aside a default judgment and allowed the claimant to amend their statement of claim due to errors in the original judgment. The case involved a mortgage and the claimant sought possession of the mortgaged property.
Indemnity Costs Awarded After Rejection of Offer of Compromise
Restitution Claim Dismissed Due to Limitation Period
The claimant asked the NSW Supreme Court for restitutionary relief after paying money to the defendants in connection with a proposed land purchase. However, the court dismissed the claim, stating that it was statute barred because the limitation period had expired.
Supreme Court Rejects Injunction Request Over Domain Names
Not Guilty by Reason of Mental Illness in Murder Case
The defendant was charged with murder but was found not guilty by reason of mental illness. The court determined that the defendant suffered from a mental disorder that impaired their ability to understand the wrongfulness of their actions.
Liquidator Entitled to Remuneration and Interim Payment in Corporate Insolvency Case
A liquidator asked the court to assess his pay for his work in a company going through liquidation. The court agreed to send the claim to a registrar for assessment and allowed him to receive an interim payment while waiting for the final decision.
Company Fined $337,500 for Repeated Tobacco Advertisements Breach
Trespass Claim Successful, Nuisance Claim Rejected in NSWSC 270
Notice of Termination Found Valid in NSW Supreme Court Case
The NSW Supreme Court ruled that a notice of termination was valid and ordered the tenant to vacate the premises. The court held that the notice was issued in accordance with the Residential Tenancy Agreement and the Residential Tenancies Act 1987.
Supreme Court Decision on Professional Misconduct and Psychiatric Conditions
Ordering Costs Paid Forthwith in Interlocutory Proceedings
The court decided to order costs to be paid immediately in a case involving interlocutory proceedings, rather than waiting until the end of the main proceedings. This decision was made due to specific circumstances, such as the conduct of the solicitors involved.
Supreme Court Grants Leave to Amend Statement of Claim
The Supreme Court of NSW granted the claimant permission to amend their statement of claim. The court dismissed motions by the defendants and directed the matter to be listed separately for the constitutional breach and defamation aspects.
Proceeds Assessment Order Issued Against Defendant for Illegal Activities
Caveat Extension Granted to Secure Building Contract Payments
The court granted an extension of a caveat over a property to secure the payment of outstanding amounts under a building contract. The plaintiff argued that the defendant's actions were unconscionable and that an equitable lien or a constructive trust should arise from the situation.