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.
Claimant Granted Preliminary Discovery to Assess Potential Claims
Tenant Awarded $190,000 in Damages for Lift Failure
The NSW Supreme Court ruled that a tenant is entitled to receive $190,000 in damages from the landlord for failing to install a new lift as promised in the lease agreement. The court determined that the landlord's failure to install the lift caused significant harm to the tenant's hotel business.
Equitable Lien Imposed to Recover Unpaid Loans in NSW Supreme Court Case
Validity of AGM and Election in NSW Supreme Court
Stay Granted on Eviction Due to Hardship and Refinancing Prospects
Successful Litigation Costs Determination - Supreme Court NSW
In a successful lawsuit, the court decided that the losing party must cover the winning party's legal costs up to a certain date on an ordinary basis and thereafter on a more stringent basis if the losing party's defense was deemed unsuccessful.
Guidance on Using Charitable Funds for Volunteer Firefighters
The Court provided guidance on how charitable funds raised for volunteer firefighters affected by bushfires can be used. The funds can be used to support firefighters and their families, provide mental and physical health training, and cover course fees for skill improvement.
Costs Awarded on Indemnity Basis After Rejected Calderbank Offer
The court decided to award the claimant's legal costs on an indemnity basis after the defendant's Calderbank offer was rejected. The claimant achieved a better result than the offer suggested, leading to the costs being awarded on an indemnity basis.
Supreme Court Grants Preliminary Discovery for Alienation of Property Claim
Claimant Seeks Judicial Advice on Settling a Claim for $90,000
Court Rejects Suit Against Liquidator Over Trade Mark Dispute
In this case, the Supreme Court of New South Wales refused to allow a company's directors to sue the appointed a person for selling trade a person during the winding-up process. The court ruled that because the directors did not cooperate with the a person and waited years before raising their concerns, they could not now bring legal action against a person.
Insured Party Granted Leave to File Cross-Claim Against Insurer
The court allowed a defendant to file a cross-claim against their insurer for indemnity, despite the plaintiff's objections. The defendant argued that they were entitled to coverage under an insurance policy, and the court agreed that they could pursue this claim.
Supreme Court Denies Registrar-General's Request to Dismiss Compensation Claim for Error in Deposited Plan
Tenant Granted Limited Access Under Sub-Lease Dispute
The NSW Supreme Court granted limited interlocutory relief to a tenant, allowing access to specific rooms and hours of operation under a sub-lease dispute. The Court found that the tenant had established a prima facie case for relief and that the balance of convenience favoured granting such relief.
NSW Supreme Court Upholds Refusal to Reinstatement as Psychologist
Claim for Legal Professional Privilege Over Seized Materials Dismissed
The NSW Supreme Court dismissed a claimant's request for legal professional privilege over seized documents and electronic devices. The court found that the claimant did not provide enough evidence to prove their claim.
Rescission of Apartment Sale Contract Due to Internal Area Discrepancy
The claimant successfully rescinded a contract for the sale of a residential apartment because the actual internal area of the apartment was more than 5% less than the expected area. The court ruled in favour of the claimant, returning the deposit.