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.
Appeal Against Parole Revocation Rejected in NSW Supreme Court
Sexual Abuse Claimant in Custody Allowed to Sue
The NSW Supreme Court ruled that a person in custody can still bring civil proceedings if there is a valid case to be made. This decision came from a case where the claimant, who was in custody for serious crimes, sued for sexual abuse he experienced during his schooling years.
Supreme Court Grants Leave to Incarcerated Plaintiff Against NSW State
Costs Denied Due to Unreasonable Conduct in Enforcing Mortgage
In this case, the court denied the mortgagee's request for indemnity costs because the mortgagee acted unreasonably in enforcing the mortgage. The decision was based on the Uniform Civil Procedure Rules 2005 (NSW) r 42.1 and r 42.25. The court ruled that the mortgagee's failure to provide a valid certificate was unreasonable, resulting in the denial of indemnity costs.
NSW Supreme Court Orders Consolidation of Four Separate Proceedings
The NSW Supreme Court ordered the consolidation of four separate proceedings into one, finding that it would advance the just, quick, and cheap resolution of the real issues in the proceedings, consistent with the requirements of fairness.
Penalties Imposed for Contempts of Court in NSW
In this case, the Supreme Court of New South Wales imposed penalties including imprisonment and fines for various civil contempts involving breaches of asset preservation orders and undertakings to the Court. The penalties were deemed appropriate due to the nature and seriousness of the contempts.
Supreme Court Rejects Appeal Application Due to Late Filing
Procedure for Damages Assessment in Class Action
Corporate Receivership Remuneration Approved in NSW Supreme Court
The NSW Supreme Court approved the payment of reasonable remuneration to liquidators and receivers involved in the winding up of a corporation. This ensures fair compensation for their services in managing the receivership and liquidation process.
Penalty Notices for Breaching Public Health Directions During COVID-19 Upheld
Lender Can Enforce Loan Against Borrower and Guarantor Despite Oral Agreement Claims
In a commercial case, the Supreme Court of New South Wales ruled that a lender could enforce a loan agreement against a borrower and guarantor, despite the borrower's claims of an oral agreement preventing enforcement. The court found no evidence of such an agreement and dismissed the borrower's arguments.
Statement of Claim Dismissed: Bankrupt Lacks Standing
Settlement Approved for Claimant Under Legal Incapacity Due to Birth Injuries
The NSW Supreme Court approved a settlement in a case where a person under legal incapacity claimed damages due to birth-related injuries. The Court ensured the settlement was in the best interest of the claimant.
Unconscionable Conduct Renders Deed Void, Compensation Awarded
Juror Discharged Due to Pregnancy in NSW Supreme Court Case
Interim Injunction Prevents Registration of Legal Fees Until Client Funds Solicitor
In a legal fee dispute, the Supreme Court of NSW granted an interim injunction preventing the respondent from registering certain certificates as a judgment of the court until the claimant is put in funds by his client. The claimant argued that he was not obligated to pay legal fees until the client placed him in funds, and the court agreed that the claimant had an arguable case.
Murder charge dismissed due to mental health impairment
Restitution Ordered for Unauthorised Withdrawals from Company Bank Account
The court ruled that a shareholder and director must return money taken without permission from a company's bank account, finding the actions amounted to unjust enrichment.
Land Law: Caveat Extensions in NSW Supreme Court
In a land law dispute, the NSW Supreme Court extended two caveats and allowed a fresh caveat to be filed. The court found that there was a serious question to be tried and the balance of convenience favoured the claimant.