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Australia Case Law

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Building and construction

Tan v Platinumhomeland Pty Ltd

The District Court awarded the homeowners rectification damages, incidental expert expenses, interest, and costs against an unlicensed builder and its director.

  • Defective residential building work
  • Statutory warranties
  • Design and building practitioners duty of care
  • Misleading or deceptive conduct
  • Rectification damages
  • Pre-judgment interest
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Equity

Andrew Sallway and Duncan Clubb as provisional liquidators of Crown Group Holdings Pty Ltd (Provisional Liquidators Appointed) and Crown Group Construction Pty Ltd (Provisional Liquidators Appointed) v Sathio Investments Pty Ltd atf Sathio Investments Trust and others (No 2)

Nixon J refused to vary a proceeds order so receivers could pay disputed subrogation claims to related Crown Group entities before surplus funds were paid into Court.

  • Receivership
  • Subrogation
  • Priority of creditors
  • Variation of court orders
  • Costs
  • Priority-of-creditors
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Civil procedure

V2V Investment Pte Ltd v Green Estate Australia Pty Ltd

The Supreme Court of New South Wales ordered that a resumed equity trial proceed de novo after the original judge disqualified himself mid-hearing, preserving earlier evidentiary rulings and exhibits.

  • Fresh trial/hearing de novo after judicial disqualification
  • Use of transcript and prior evidence
  • Witness recall and cross-examination
  • Fair trial and procedural fairness
  • Civil-procedure
  • Fair-trial
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Civil procedure

Zarounas v State of New South Wales

The Supreme Court granted Andrew Zarounas leave nunc pro tunc to commence and maintain proceedings against New South Wales under the Felons (Civil Proceedings) Act.

  • Leave to proceed by person serving sentence for serious indictable offence
  • Nunc pro tunc leave
  • Alleged sexual assault at school
  • Non-delegable duty of care
  • Vicarious liability
  • Civil-procedure
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Civil procedure

Love v The State of New South Wales

The Supreme Court of New South Wales granted Nathan Love leave to commence civil proceedings against the State under the Felons (Civil Proceedings) Act 1981 (NSW).

  • Leave to commence proceedings
  • Abuse of process
  • Prima facie case
  • Civil claim for alleged physical and sexual abuse
  • Civil-procedure
  • Leave-to-commence-proceedings
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Administrative law

Sydney Children’s Hospitals Network v FZP

The Court of Appeal held that “in the public interest” in the Health Privacy Principles qualifies research, not the use or disclosure of health information.

  • Construction of health privacy principles
  • Use and disclosure of health information
  • Public interest qualifier
  • Pseudonym/suppression orders
  • Intervention as amicus curiae
  • Statutory-interpretation
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Costs

Antymniuk v Davies

The Court ordered the first plaintiff to provide $30,000 security for costs, stayed the proceedings against the first defendant, and allowed dismissal if security was not provided.

  • Security for costs
  • Stay of proceedings
  • Quantum of security
  • Enforcement against non-resident plaintiff
  • Impecuniosity of corporate plaintiff
  • Security-for-costs
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Human rights

Bozkurt v Department of Communities and Justice (Homes NSW)

The Tribunal refused leave for Ms Bozkurt’s discrimination complaint to proceed, finding the material did not support an inference of race, age or disability discrimination.

  • Leave to proceed
  • Complaint lacking in substance
  • Direct discrimination
  • Indirect discrimination
  • Accommodation discrimination
  • Age discrimination
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.