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 Defence in Criminal Proceedings Does Not Entitle Costs
Email Maintains Legal Professional Privilege in NSW Supreme Court Case
In this case, the court decided that an email is still protected by legal professional privilege and cannot be inspected. The email was sent to collect information for a lawsuit.
Supreme Court Rejects Request to Invalidate Business Loan
Partial Disclosure Does Not Waive Client Legal Privilege
The court looked at whether partial disclosure of private legal discussions waives the right to keep those discussions confidential. The court ruled that just disclosing that legal advice was given, without revealing the advice itself, does not waive the right to confidentiality.
Claimant Partially Successful in NSW Supreme Court Case
In this case, the claimant sought damages for breach of a lease covenant and entitlement to machinery. The court found the claimant partially successful and ordered them to pay 60% of the respondent's costs.
Appeal for Lease Rectification Due to Suspected Mistake Dismissed
The claimant tried to get a lease changed because they thought there was a mistake regarding GST inclusion. However, the court decided that just suspecting a mistake wasn't enough; there needed to be clear proof of an error. Therefore, the appeal was dismissed.
Claimant Entitled to $20,000 Legacy from Father’s Estate
NSW Supreme Court Orders 50% Costs for Discovery and Production Mistakes
In this case, the court ruled that the plaintiff must pay 50% of the costs associated with discovery and document production issues because of mistakes made during the discovery process.
Amendment to Statement of Claim Allowed with Adjournment in NSW Supreme Court Case
Victim Awarded Damages for Closed Head Injury Caused by Police Officer
Single Judge Cannot Overturn Another’s Ex Parte Order in NSW Supreme Court
NSW Supreme Court Grants Leave to Appeal but Dismisses Appeal
The plaintiff asked the court to overturn a decision on costs made by a local court magistrate and to get costs from the defendants. The court allowed the appeal to proceed but ultimately rejected it, upholding the lower court's decision on costs orders.
Claimant Fails to Mitigate Losses After Terminating Contract
The claimant sued for damages after terminating a contract but failed to show that they took reasonable steps to reduce their losses. The court decided that the claimant was not entitled to any damages because they did not properly mitigate their losses.
Limited Re-opening Allowed for Costs Hearing in NSWSC
In this case, the court allowed a limited re-opening of the hearing on costs to consider new evidence. The court decided that the new evidence had the potential to affect the outcome of the case, but only to a limited extent.
Valuation Report Use Limited Due to Valuer’s Unavailability
The NSW Supreme Court decided to limit the use of a valuation report because the valuer who prepared it was unavailable for cross-examination. This decision was made to adhere to the Evidence Act 1995 (NSW).
Statutory Demands Set Aside Due to Genuine Dispute Over Employment Contract
Relationship Breakdown Leads to Winding Up Orders in NSW Supreme Court Case
The NSW Supreme Court ordered the winding up of solvent companies after finding that there was a breakdown in relations between the parties and it was just and equitable to do so, according to the Corporations Act 2001.