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 Sentences Four for Manslaughter and Drug Trafficking
Proceedings Dismissed: Legal Representation Required in Commercial Litigation
Supreme Court Orders Extended Supervision for High-Risk Offender
The Supreme Court of New South Wales ordered an extended supervision order for a high-risk offender, ensuring they remain under supervision for two years due to the risk they pose to the community.
Admissibility of Video Recorded Statements in Criminal Cases
In a criminal case, the court allowed the use of a video-recorded statement from a witness who was unavailable because they had traveled abroad. The court ruled that the statement met the criteria under the Evidence Act 1995 (NSW).
Supreme Court Grants Accused Person’s Request to View Murder Location in Prison
The Supreme Court of New South Wales allowed an accused person to visit the location where a murder allegedly happened in prison. This was done to help the jury better understand the evidence presented during the trial.
Statute-Barred Proceedings and Indemnity Costs Decision
Statutory Demand Set Aside Due to Offsetting Claim
In this case, the claimant successfully challenged a statutory demand issued by the respondent. The court ruled in favour of the claimant, setting aside the statutory demand due to an offsetting claim. The decision was based on the claimant's right to offset a debt with a counterclaim, even though the claim was not fully articulated in the initial filing.
Murder Case: Admissibility of Medical Consultation Evidence
In a murder case, the court ruled that evidence of the accused visiting a doctor on the day of the murder was not relevant and admissible unless it directly related to the crime. The decision was based on the Evidence Act 1995 (NSW) s 137.
Invalid Sale and Transfer of Shares Due to Lack of Proper Authority
Claimant Entitled to Payment for Variations and Contaminated Fill Removal
The Supreme Court of New South Wales ruled that the claimant was entitled to payment for variations and the removal of contaminated fill from the site, as the work was properly instructed and executed according to the contract.
Supreme Court Refuses Costs Order for Interlocutory Hearings
Application to Appoint Tutor for Defendant in Possession Proceeding Dismissed
In a case where a defendant was seeking to have a tutor appointed due to mental health concerns, the NSW Supreme Court ruled that the evidence did not prove the defendant was unable to manage their own affairs. Therefore, the application to appoint a tutor was dismissed.
Supreme Court Restricts Unrepresented Litigant’s Motions
Misleading and Deceptive Conduct in Trade: Damages Awarded
NSWSC Upholds Claims Assessor Decision in Late Motor Accident Compensation Claim
The Supreme Court of New South Wales ruled that a a person's decision on a late motor accident compensation claim was valid and could be reviewed in court if it affects legal rights. Despite delays, the explanation for the delay was deemed sufficient by the a person and upheld by the court.
NSW Supreme Court Adjourns Proceedings to Ensure Plaintiff Communication
Stay of Writ of Possession Denied in NSW Supreme Court
Expert Report on Cultural Factors Ruled Inadmissible in Murder Trial
Supreme Court Rejects Son's Claim for Estate Provision
Security of Payment Fraud Claim Rejected: Defendant Ordered to Pay $450,000
In a recent ruling, the NSW Supreme Court ordered the defendant to pay $450,000 into court within 7 days, rejecting the defendant's claim of financial hardship and the argument that only a smaller amount should be paid pending the final resolution of the claim.