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 dismisses appeal on forensic procedure order
Application for Substitution in Winding Up Dismissed
Supreme Court Denies Leave to Appeal for Vexatious Litigant
The Supreme Court denied a person declared a vexatious litigant the right to appeal a Medical Tribunal judgment, stating the proceedings were vexatious and lacked sufficient grounds.
Applications for Substitution Refused in Insolvency Proceedings
Supreme Court Clarifies Compensation for Joint Tenants' Fraudulent Mortgage Losses
Tenant Awarded Damages for Breach of Lease Covenants
The tenant sued the landlord for damages due to breaches of covenants in their lease agreement. The court ruled in favour of the tenant, awarding damages for the breaches.
Company Proceedings Transferred to Family Court for Centralised Resolution
Release Clause in Settlement Agreement Dismisses Claims
The court examined a release clause in a settlement agreement and determined that it discharged the defendants from legal claims related to the proceedings and the liquidation of the plaintiff. The decision focused on interpreting specific phrases and words within the clause.
NSW Supreme Court Rejects Claim for Misleading Conduct Damages
In this case, the NSW Supreme Court dismissed a claim for damages alleging misleading or deceptive conduct under the Fair Trading Act 1987 (NSW). The court ruled that the claimant did not rely on the alleged inducement and did not suffer actual damages.
Statutory Demand Set Aside Due to Offsetting Claim
The court decided to set aside a statutory demand because the plaintiff had a valid offsetting claim against the defendant. This case involved a concrete work dispute and the application of the Corporations Act and the Security of Payment Act.
Client Defendants Maintain Rights to Mortgaged Shares
Guardian Cannot Be Pursued for Costs if Incapacitated Individual Lacks Means
Proportionate Liability Defence Allowed, But Rejected Parts 18-22
The NSW Supreme Court allowed the defendants to amend their defence to include a plea of proportionate liability, but rejected paragraphs 18-22 of the proposed amendment because they did not provide enough detail about the cause of action and the damage suffered.
NSW Supreme Court Overturns Issue Estoppel Decision Due to Legal Error
Admission of Business Records in Legal Proceedings
Claim for Break Fee Dismissed in NSW Supreme Court
Supreme Court Extends Time for Compliance with Self-Executing Orders
The NSW Supreme Court allowed an extension of time for compliance with self-executing orders, taking into account the defendant's payment and the need to balance the finality of litigation with the pursuit of justice.
Assessment of Equitable Compensation for Breach of Trust
In this case, the court determined the amount of compensation for a breach of trust based on the current market price of the shares at the time the order was made. The court rejected arguments for assessing the compensation based on previous market prices.
Application Money and Redemption Proceeds in Managed Investment Schemes
The court ruled that the manager of managed investment schemes must retain application money and calculate redemption proceeds based on the net asset value as of a specific date, ensuring compliance with the Corporations Act Yöntem 2001 (Cth).