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.
Successful Defamation Claimant Entitled to Interest and Costs
In a defamation case, the successful claimant was awarded damages and interest on those damages. The court determined the interest rate and the basis for costs, considering the complexity of the case and the level of success achieved.
Contract Interpretation and Oral Representations
Unconscionable Dealing in Property Transfer Judged Unfair
The court ruled that the son must hold his interest in the property on trust for the father, and the grandson must repay a loan with interest. The father was under a special disability due to alcohol abuse and past assaults, making the transaction unconscionable.
Spouse Entitled to Larger Inheritance Due to Financial Needs
Wrongful Termination Leads to Damages Awarded
The court awarded damages to workers for wrongful termination and breach of contract. The employer was found liable for failing to provide reasonable notice or compensation in lieu of notice when terminating an indefinite-term employment contract.
Successful Set Aside of Statutory Demand in NSW Supreme Court
Statutory Demand Set Aside Due to Genuine Dispute Over Debt
NSW Supreme Court Grants Extension for Providing Security for Costs
The NSW Supreme Court granted the claimant an extra week to provide security for the defendant's costs. However, they warned that failing to meet this deadline would result in the case being stopped permanently.
Separating Contested Issues for Better Evidence Resolution
Court Declares Void Dissolution of Company for Workers' Compensation
The court ruled that the dissolution of a company was invalid to allow a former employee to seek workers' compensation for mesothelioma caused by asbestos exposure during his employment.
Executor Granted Permission to Issue Subpoenas
The NSW Supreme Court granted an executor permission to issue subpoenas to determine the financial health of a small estate. This decision helps clarify the estate's status and allows for proper administration.
Admissibility of Photographic Evidence in Criminal Trials
NSW Supreme Court Rules Statutory Demand Not Properly Served
Settlement Agreement Default Provision Not Considered a Penalty
Claimant Allowed to Proceed Against Liquidated Company in NSW Supreme Court
Murder Sentence for Person with Mental Illness and Violence History
Restraining Order Against Vehicle Repossession
The court granted an injunction preventing a financier from repossessing vehicles without the consent of a shareholder who claimed to be a former director. The shareholder argued that he had the right to participate in decisions regarding the repossession of vehicles. The court agreed that there was a serious question to be tried and that the balance of convenience favoured granting the injunction.
Juvenile Offender Allowed to Serve Remaining Sentence in Juvenile Centre
Real Estate Deposit Forfeiture Upheld in NSW Supreme Court
In this real estate case, the court decided that the seller could keep the deposit because the buyer failed to complete the sale within the agreed timeframe. The court ruled against the buyer's request to get the deposit back under the Conveyancing Act 1919.