Courts
Recent published judgments from the courts that serve Sydney, alongside the Federal Court and the High Court of Australia.
Supreme Court of New South Wales
DEFAMATION – practice and procedure – separate determination of questions – application for early and separate determination of serious harm – whether special circumstances established by absence of a defence
Supreme Court of New South Wales
CONTRACTS – breach of contract – where plaintiffs claim that defendant guaranteed repayment of debt – where defendant denies signing documents – where several versions of each purported document exist – no explanation – whether any loan document genuine – whether signatures genuine EQUITY – claim for breach of fiduciary duty, breach of trust, and fraud – where allegations traversed by defendant –
Supreme Court of New South Wales
CRIME – judge alone trial – murder – driving offences – where prosecutor and defence agree that defence of mental health impairment available – where accused diagnosed with schizophrenia – Court satisfied that defence is established – act proven but not criminally responsible
Supreme Court of New South Wales
COSTS – related proceedings – plaintiff wholly successful in one proceeding – costs follow the event – plaintiff partially successful in second proceeding – where defendant made offer of compromise – whether rejection of offer unreasonable – where offer more favourable than outcome – plaintiff entitled to costs to date of offer and thereafter to pay defendants’ costs on indemnity basis
Supreme Court of New South Wales
JUDGMENTS AND ORDERS — application to set aside judgment based on filing of a costs certificate — Uniform Civil Procedure Rules 2005 (NSW) r 36.15 — whether judgment entered irregularly — power under r 36.15 does not extend to challenging the merits of the costs determination — no irregularity identified in the process of entering judgment — in any case no error in costs assessor’s determination
Land and Environment Court of NSW
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 – bamboo causing minor fence damage but increased damage likely in the near future – orders for removal of the respondents’ bamboo and replanting if desired – applicants’ trees causing damage and risk of injury – Pt 2A – high hedges – severe obstruction of sunlight to dwelling windows – s 14F balancing sunlight and privacy
Land and Environment Court of NSW
PRACTICE AND PROCEDURE – application for joinder pursuant to s 8.15(2)(a) of the Environmental Planning and Assessment Act 1979 and r 6.24(1) of the Uniform Civil Procedure Rules 2005 – whether issues of concern are not likely to be sufficiently addressed if applicant is not joined as a party – whether it is in the interests of justice or in the public interest that the applicant be joined as a pa
Industrial Court of New South Wales
CRIMINAL LAW — Work health and safety — Offences — Category 2 — Worker hit by reversing forklift — Worker sustained serious injuries to left foot — No adequate system to separate people and plant — No documented SOP — No traffic management plan — No adequate instructions or training provided to workers — Director failed to comply with duty — Significant absence of due diligence — Director on notic
NSW Civil and Administrative Tribunal (Occupational)
OCCUPATIONS – registration of medical practitioners – general practitioner – protection of the health and safety of the public – Stage 1 findings of unsatisfactory professional conduct and professional misconduct – referred for a directions hearing for timetabling for a Stage 2 hearing
NSW Civil and Administrative Tribunal (Occupational)
ADMINISTRATIVE LAW – qualified supervisor certificate in the category of disconnection and reconnection of fixed electrical equipment (appliances and motors) – qualifications required by the Instrument – scope of work within the Instrument
Federal Court of Australia
PRACTICE AND PROCEDURE - whether the plaintiff's case against the first defendant should be heard before the plaintiff's case against the second and third defendant – where terms of declaratory orders sought against the defendants differ – where plaintiff and first defendant jointly propose the making of declaratory orders as to contraventions based upon agreed facts and admissions – where second
Federal Court of Australia
ENVIRONMENT LAW – project being carried out for the extraction of unconventional gas by hydraulic fracturing in the Northern Territory – application for injunction under s 475 Environment Protection and Biodiversity Conservation Act 1999 (Cth) on the ground that approval is required under Pt 9 – scope of the “action” the impacts of which must be assessed – whether relevant action likely to have a
Federal Court of Australia
PRACTICE AND PROCEDURE – application for an extension of time to appeal a decision of the Administrative Appeals Tribunal – Tribunal dismissed applicant’s claims under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – exceptional delay – inadequate explanation of delay – insufficient prospects on appeal – inference of prejudice – public interest in finality of litigation – application d
Federal Court of Australia
MIGRATION — appeal dismissed — no question of principle
Federal Court of Australia
PRACTICE AND PROCEDURE – where default judgment entering money judgment previously granted –where interlocutory application to set aside default judgment filed ten months later – whether default judgment given not in the absence of a party is interlocutory or final – where set aside application not pressed at hearing – application dismissed and indemnity costs ordered against first defendant
Federal Court of Australia
CORPORATIONS – application to rectify ASIC register – where ASIC register recorded purported appointments of directors and company secretaries – where Court previously found appointments invalid under company constitution – whether power under s 1322(4)(b) of the Corporations Act 2001 (Cth) engaged – whether no substantial injustice under s 1322(6). Held: orders made.
Federal Court of Australia
MIGRATION – application for review of decision to cancel applicant’s visa pursuant to s 501(2) of the Migration Act 1958 (Cth) (the Act) – whether decision illogical or irrational – whether Minister failed to consider legal consequences of s 501E of the Act – whether s 501(2) is subject to an implied temporal limitation – application dismissed
Federal Court of Australia
PRACTICE AND PROCEDURE – application for leave to file further amended originating application and further amended statement of claim – whether viable claims of direct discrimination pursuant to section 9(1) of the Racial Discrimination Act 1975 (Cth) pleaded or capable of being pleaded – where some claims found to be adequately pleaded, and others not – whether there would be non-compliance with
Federal Court of Australia
INDUSTRIAL LAW – registered organisations – interlocutory application to extend scheme of administration – whether application is directed at a new scheme – whether Administrator complied with requirements in scheme of administration – where Administrator opposes extension of scheme of administration – where no serious question to be tried – balance of convenience is fairly even – interim relief n
Federal Court of Australia
CORPORATIONS LAW – where financial services licensee contravened s 912DAA(1) and (7) of the Corporations Act 2001 (Cth) (Corporations Act) by failing to report reportable situations to the Australian Securities and Investments Commission (ASIC) on time or at all, after an investigation into whether there was a significant breach of a core obligation had continued for more than 30 days (being a rep
Federal Court of Australia
MIGRATION — appeal dismissed — no question of principle
Federal Court of Australia
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming a decision of a delegate of the Minister not to revoke cancellation of the applicant’s visa under s 501CA(4) of the Migration Act 1958 (Cth) (Act) – whether Tribunal erred by failing to consider material that was relevant to a central and prominent issue relating to the primary considerat
Federal Court of Australia
CORPORATIONS – application by administrators under s 447A of the Corporations Act 2001 (Cth) for relief from personal liability arising under s 443A of the Corporations Act – where funding arrangements to maintain the Company’s business as a going concern – application granted
Federal Court of Australia
BANKRUPTCY AND INSOLVENCY – application for annulment by the Court – whether sequestration order ought not to have been made – no evidence of solvency – no other basis for annulment identified – application dismissed
Federal Court of Australia
INDUSTRIAL LAW – where applicant was initially engaged in 2012 as an independent contractor — whether applicant was engaged as an independent contractor or employee from July 2017 when undertaking role as Fund Manager or from April 2021 when appointed as Managing Director – whether changes to role and fees payable to the applicant gave rise to variation of original contract or its recission – whet
NSW Court of Criminal Appeal
CRIME — appeals — appeal against sentence — denial of procedural fairness — expert opinion of causal link between mental health disorders and offending — where evidence admitted without objection — where expert not cross-examined — whether Crown implicitly accepted that there should be a reduction of the applicant’s moral culpability — no breach of procedural fairness CRIME — appeals — appeal agai
NSW Court of Criminal Appeal
CRIMINAL LAW — appeals — appeal against sentence — fresh evidence — evidence of intellectual disability — where applicant sentenced on basis that he did not have intellectual disability — where evidence obtained following sentence indicated applicant has intellectual disability — whether fresh evidence — whether sentencing in absence of evidence gives rise to miscarriage of justice — evidence allo
NSW Civil and Administrative Tribunal
ADMINISTRATIVE LAW – administrative review – Government Information – access – correct and preferable decision – balancing the public interest – reasonable searches – confidential information – personal information – whether the release of information could reasonably be expected to expose a person to a risk of harm or of serious harassment or serious intimidation
New South Wales courts
EMPLOYMENT AND INDUSTRIAL LAW – Public Sector – Police – Application for review of removal order – Creation of false or misleading Intelligence Report – Unauthorised access to Computerised Operational Policing System database – Whether finding of dishonest state of mind necessary to justify removal – Where member of public posted interaction with officer’s colleague on TikTok – Where officer motiv
District Court of New South Wales
BUILDING AND CONSTRUCTION — contract — damages — defects — purported termination of contract — where property owners excluded builder from site — whether alleged defects were just incomplete work — where the plaintiffs’ breach has a clear causal relationship with the alleged breach of the defendant