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Australia Case Law

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Property law

Brown v Ferrara

Dispute over fig trees on a boundary: the Court refused Pt 2A orders, declined compensation and repair orders, but imposed root barrier and pruning orders to prevent further damage.

  • Trees (disputes between neighbours) act 2006 (nsw)
  • Neighbouring trees
  • Property damage
  • Root barrier
  • Pruning orders
  • Trees-disputes-between-neighbours-act
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Building and construction

Spectrum Pools & Spas Pty Ltd v Young

The Appeal Panel refused leave and dismissed Spectrum’s appeal over a retaining wall damages award, upholding the Tribunal’s view that the pool work had to be fit for purpose.

  • Home building contract
  • Statutory warranties
  • Scope of work
  • Retaining wall
  • Money order versus work order
  • Costs on appeal
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Civil procedure

CXF Development Pty Ltd v Boill Holding (Aust) Pty Ltd

Richmond J varied consent asset-preservation orders, allowing funds for Green Estate land tax and legal fees, and replacing restraints with a mortgage over Pyrmont.

  • Freezing orders
  • Asset preservation
  • Variation of interlocutory orders
  • Security for judgment
  • Legal fees
  • Trust funds
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Administrative law

HFP and HHA v Department of Education

The Tribunal extended time for the privacy review, but found no breach of the PPIP Act or HRIP Act in the Department’s internal handling of complaint emails.

  • Internal review
  • Extension of time
  • Collection and use of personal information
  • Disclosure of personal information
  • Health information
  • School complaints handling
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Appeals

Talevski v Perpetual Corporate Trust Limited

The Court of Appeal refused to restrain sale of three mortgaged properties pending a leave application, finding only a limited arguable case and balance of convenience favouring Perpetual.

  • Interlocutory injunction
  • Default judgment
  • Setting aside default judgment
  • Mortgage possession and sale
  • Contracts review act 1980 (nsw)
  • Balance of convenience
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Insolvency

In the matter of Million Up Ltd

The Court recognised the Hong Kong liquidation of Million Up Ltd as foreign main proceedings and made consequential orders, including entrusting Australian assets to the foreign representatives.

  • Recognition of foreign proceedings under the model law
  • Foreign main proceedings
  • Foreign representative
  • Centre of main interests
  • Orders entrusting administration and realisation of assets
  • Foreign-main-proceedings
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Consumer law

Spajic v Carline Automotive Pty Ltd

Appeal Panel refused leave and dismissed an appeal over motor vehicle repair services, rejecting challenges to reasons and consumer guarantee findings.

  • Consumer guarantees
  • Supply of services
  • Due care and skill
  • Fitness for purpose
  • Reasonable time for supply
  • Adequacy of reasons
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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.