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.
NSW Supreme Court Grants Extended Supervision Order to Protect Community
The NSW Supreme Court granted an extended supervision order for a period of three years to protect the community from an unacceptable risk posed by a high-risk offender with a history of mental illness and extremism. The court relied on expert evidence and statutory provisions under the Criminal Code (Cth) and related Acts.
Tenant Wins Release of Rental Arrears Funds Held Since 2016
In a case before the Supreme Court of New South Wales, a tenant won an order to release funds held in court since 2016 as security for rental arrears. The decision was based on the lack of opposition from other parties and no prejudice caused by delay.
Insurer Entitled to Reimbursement Under Deed of Indemnity
Murder Trial: Court Rejects Specific Jury Direction
Supreme Court Permits Late Amendment Without Prejudice
Limitation Act Issue in Nervous Shock Claim - NSW Supreme Court Decision
Supreme Court Rejects Motion for Land Possession
In this case, the Supreme Court of New South Wales dismissed a motion filed by one party seeking possession of land and summary judgment. The court directed the parties to consult on revoking probate and appointing an independent administrator to facilitate the resolution of the dispute.
Enforcing Chinese Civil Mediation Judgments in NSW
Supreme Court Dismisses Vexatious Proceedings Under VPA 2008
Supreme Court Approves Scheme Meeting for an Online Retailer
Supreme Court Upholds Vexatious Proceedings Order Against Claimant
Trustee Removed and Replaced in Estate Proceedings
The Supreme Court of New South Wales decided to remove the current trustee of a testamentary trust and appoint a new trustee. The court also issued specific orders regarding costs and indemnity, ruling that the trustee could not obtain an indemnity from the estate for costs incurred in litigation without seeking judicial advice.
Builder Failed to Comply with Statutory Warranties and Contractual Obligations
Claimant Granted Permission to Amend Statement of Claim in NSW Supreme Court
The NSW Supreme Court granted the claimant permission to file a further amended statement of claim, rejecting arguments that it would be an abuse of process. The decision was based on the interests of justice and the absence of any preclusive rule barring the amendment.
Supreme Court Rejects Transfer Request in Insolvent Trading Case
In a recent decision, the Supreme Court of New South Wales rejected an attempt by a plaintiff to transfer insolvent trading proceedings from the District Court to the Family Court. The court ruled that such a move would unfairly delay resolution and increase costs for creditors involved in the case.
Second Plaintiff Awarded Equitable Compensation for Breach of Trust
The court ruled that the defendants must pay equitable compensation to the second plaintiff after they breached a trust regarding the proceeds from a property sale. The compensation was awarded due to the defendants' failure to uphold their obligations under the trust.
NSW Supreme Court Grants Crown Permission to Restore Witness Credibility
In a murder trial, the NSW Supreme Court allowed the Crown to present additional evidence to restore the credibility of a witness whose testimony was challenged. This decision was made under the Evidence Act 1995, which allows for such evidence to be presented under specific conditions.
Mental Health Impairment Defence in NSW Supreme Court
Brother Appointed as Trustee for Testamentary Trust
Supreme Court Removes Administrator Due to Misconduct
The Supreme Court of New South Wales removed an administrator from managing an estate because the administrator showed a lack of integrity and competence in handling the estate's affairs.