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Australia Case Law

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Civil procedure

Zhu v Wen

The court allowed the third defendant time to file a defence and cross-claim, accepted her delay was explained by translation needs, and adjourned the default judgment application.

  • Default judgment
  • Defence and cross-claim
  • Guarantee
  • Equitable charge
  • Adjournment
  • Costs
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Corporations law

In the matter of WGA Group Holdings Ltd (No 2)

The Court approved a scheme of arrangement for AtkinsRéalis Australia Holdings Pty Ltd to acquire all shares in WGA Group Holdings Pty Ltd, with a related deed amendment.

  • Scheme of arrangement
  • Court approval under s 411
  • Ancillary orders
  • Disclosure to shareholders
  • Class meetings
  • Amendment to scheme documents
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Costs

McGinn v Law Society of New South Wales (No 2)

Costs were ordered against the self-represented plaintiff in an appeal under s 247 of the Uniform Law, the Court finding the interests of justice favoured costs on the ordinary basis.

  • Appeals under s 247 of the legal profession uniform law 2014 (nsw)
  • Interests of justice
  • Party-party costs
  • Self-represented litigant
  • Unreasonable conduct
  • Allegations of fraud and dishonesty
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Planning and environment law

TLB Trading Pty Ltd v Waverley Council

The Court approved a Class 1 modification to an existing residential flat building consent at 10 Marne Street, Vaucluse, and modified the consent accordingly.

  • Development consent modification
  • Residential flat building
  • Visual impact and views
  • Streetscape
  • Conciliation conference
  • Substantially the same development
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Civil procedure

Liprini v Thirdi William Street Pty Ltd

The Supreme Court of NSW approved settlement of part of representative proceedings about alleged defective work in a Sydney development and approved the distribution scheme and deductions.

  • Representative proceedings
  • Court approval of settlement
  • Settlement distribution scheme
  • Costs
  • Suppression and non-publication orders
  • Opt-out group members
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Planning and environment law

Crossling v Sutherland Shire Council

The Court upheld the appeal and granted development consent for a new multi-level dwelling, pool and landscaping works at 47 Taloombi Street, Cronulla.

  • Development consent
  • Conciliation conference
  • Heritage item
  • Height variation
  • Floor space ratio variation
  • Landscaped area variation
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Administrative law

Kozakiewicz v Secretary Department of Customer Service

The Tribunal affirmed refusal of a bricklayer contractor licence, finding the applicant did not satisfy the Home Building Act requirements after a company liquidation.

  • Review of refusal to renew contractor licence
  • Company liquidation and licensing eligibility
  • Evident risk to the public
  • Reasonable steps to avoid liquidation
  • Risk mitigation measures
  • Contractor-licence-refusal
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Planning and environment law

EDK Garfield Pty Ltd v Northern Beaches Council

On a Class 1 conciliation conference appeal, the Court upheld the appeal and granted consent for an amended six-storey residential flat building at Mona Vale.

  • Development application appeal
  • Residential flat building
  • Conciliation conference
  • Consent by agreement
  • Costs thrown away
  • Development-application-appeal
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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.