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 Driver in Pedestrian Accident Case
In this case, a pedestrian was hit by a vehicle while crossing an intersection in a wheelchair. The Supreme Court of New South Wales ruled in favour of the driver, stating that the driver had exercised reasonable care despite the presence of a stationary vehicle in the right turn lane and the pedestrian crossing against a red light.
Supreme Court Rules Arbitrator Lacked Jurisdiction in Fraud Case
The Supreme Court of NSW decided that an arbitrator did not have the authority to hear a case involving allegations of fraud and misrepresentation. The court found that the arbitrator's ruling was invalid and set it aside.
Supreme Court Overturns Dismissal of Speeding Charges Based on Camera Evidence
Subpoena Upheld: Legitimate Forensic Purpose Established
NSW Supreme Court Denies Summary Dismissal of Share Payment Dispute
Nominal Damages Do Not Constitute Victory for Claimant in Costs Determination
Will Interpretation: Understanding the Gift Over Clause
Shareholders' Meeting Order Refused Due to Inadequate Disclosure
Adopted Child's Name Change Approved for Best Interests
The court allowed a change in the name of an adopted child from Korea, considering the child's best interests and the potential distress caused by the child's birth name.
Parking Easement Claim Rejected by NSW Supreme Court
Order for Specific Performance Granted in Land Sale Contract Case
Application to Commence Proceedings Against Insurer Dismissed
Misrepresentation of Financial Position Leads to Dismissal of Family Provision Act Claim
The Supreme Court of NSW dismissed the claimant's application under the Family Provision Act because she misrepresented her financial position. Palmer J found that the claimant's misrepresentation was a significant factor in dismissing her claim.
Complex Trial Allowed to Continue with 10 Jurors
In a landmark decision, the NSW Supreme Court allowed a complex trial to continue with just 10 jurors instead of the usual 12. The court recognised the trial's length and complexity as exceptional circumstances, making it a unique case in legal history.
Provisional Liquidation Ordered Due to Management Breakdown
Accounting Issues Between Former Partners Referred to Liquidator
In a dispute between former partners, the NSW Supreme Court decided to refer all remaining issues to a chartered accountant/liquidator for resolution. This includes accounting issues and disputes over fiduciary duties.
Supreme Court Upholds Arbitrator’s Decision: No Leave to Appeal Granted
NSW Supreme Court Rejects Subsequent Conduct as Contempt Evidence
Insurer Allowed to Join Proceedings Against Plaintiff
In this case, the insurer was allowed to join legal proceedings to argue that it had no obligation to pay compensation to the plaintiff under a CTP insurance policy. Despite the plaintiff's efforts to keep his options open, the court ruled in favour of the insurer and granted it costs.
Without Prejudice Documents Cannot Be Used for Forensic Purposes
In a legal case, the court decided that documents marked 'without prejudice' cannot be used for forensic purposes during trials. This ruling is based on the Supreme Court Act 1970, which protects these types of communications.