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's Attempt to Overturn Deed Releasing Claims to Father's Estate Dismissed
Successful Workplace Injury Claim Against Employer in NSW Supreme Court
In this case, a worker was injured when a metal roller shutter door struck him on the head while he was processing to board a flight for work-related purposes. The court ruled that the employer was liable for the injury and awarded damages to the worker.
Adoption Order Granted for Child with Special Needs Despite Birth Parents' Opposition
Will Admitted to Probate Despite Informal Execution
The court admitted a 1986 will and a modified 2005 document to probate, rejecting a draft will prepared using a will kit. The decision was based on the deceased's intention and the context of the documents.
Liquidators Ordered to Pay Commonwealth's Costs in Document Dispute
Natural Justice and Abuse of Process in Security of Payment Act Adjudications
Subpoenas Seeking Sibling's Medical Records Rejected
Claimant Entitled to Modest Estate Provision Under Family Provision Act
Beneficiary's Contractual Right Overrides Debt Repayment in Deceased Estate
Medical Negligence Case: Claimant Must File Expert Evidence
Misleading Conduct Prohibited: Injunction and Damages Awarded
The NSW Supreme Court granted an injunction and awarded damages for passing off and misleading conduct under the Fair Trading Act. The defendant registered and advertised a name similar to the plaintiff's well-known business, leading to confusion among potential customers.
NSW Supreme Court Grants Extension of Time for Service Due to Litigation Funding Negotiations
Conviction for Common Assault Overturned Due to Procedural Unfairness
The NSW Supreme Court overturned a conviction for common assault because the trial procedure was unfair and violated the principle of natural justice. The claimant was not fully aware of the specific charge and was not given a fair chance to defend himself.
Medical Assessor's Error of Law in Causation Principles
In this case, the Medical Assessor's assessment was found to be invalid because they incorrectly applied the principles of causation. The court ordered the assessment to be quashed and sent back to the Motor Accidents Authority for reconsideration.