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Commercial law

Taggle Systems Pty Ltd v Elster Metering Pty Ltd

The Court granted only a partial stay in favour of Singapore arbitration, limited to post-8 February 2021 supply contracts, and delayed the arbitration until final judgment.

  • Stay of proceedings
  • Arbitration agreement
  • Kompetenz-kompetenz
  • Incorporation by reference
  • Through or under
  • Partial stay
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Residential tenancies

Reznik v NSW Land and Housing Corporation

Appeal Panel held NCAT failed to engage with key CCTV and oral evidence about continuing driveway noise, and remitted the quiet enjoyment claim.

  • Quiet enjoyment
  • Noise disturbance
  • Failure to consider evidence
  • Adequacy of reasons
  • Leave to appeal and questions of law
  • Residential-tenancy
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Trees disputes between neighbours

Parsons v Barbaro

Neighboring-tree dispute over bamboo and claimed pipe, fence, sunlight, and view impacts was dismissed for insufficient proof and lack of statutory thresholds.

  • Damage caused by trees
  • Risk of future damage
  • Risk of injury
  • Obstruction of sunlight
  • Obstruction of views
  • Bamboo hedge
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Planning and environment law

APPWAM PTY LTD v Inner West Council

The Court upheld APPWAM PTY LTD’s Class 1 appeal and modified a development consent for a boarding house after conciliation, increasing rooms and adjusting parking.

  • Modification of development consent
  • Conciliation conference
  • Boarding house development
  • Development standards
  • Basix
  • Owner's consent
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Employment and industrial law

State Wage Case 2026 (No 2)

The Full Bench vacated earlier orders in State Wage Case 2026 and replaced them with updated variation orders for two State awards.

  • Awards and enterprise agreements
  • Variation
  • State wage case
  • Finalisation of variations
  • Industrial-relations
  • Award-variation
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Torts

Peterkin v Tadros

The Court found the GP negligent for failing to properly investigate rectal bleeding and tenesmus, causing delayed cancer diagnosis and reduced life expectancy.

  • Duty of care
  • Standard of care under s 5o civil liability act 2002 (nsw)
  • Breach of duty
  • Causation
  • Loss of life expectancy
  • Contributory negligence
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Torts

VLS3 v Osborne

Historical sexual abuse claim partly proved. The Court found some abuse on Council grounds, awarded compensatory and aggravated damages, and entered judgment for $461,046.02.

  • Historical sexual abuse
  • Assault and battery
  • Credibility and reliability of evidence
  • Psychiatric injury
  • General damages
  • Aggravated damages
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Civil procedure

SPV Capital Pty Ltd v Bhatt & Anor (No 2)

The Court amended earlier orders after identifying an erroneous set-off assumption, confirmed default judgment, dismissed the cross-claim, and assessed damages at $1,539,315.

  • Amendment of orders
  • Default judgment
  • Cross-claim
  • Set-off
  • Costs
  • Default-judgment
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Planning and environment law

MP Development 10 Pty Ltd v Northern Beaches Council

The Court upheld the appeal and granted consent for amended seniors housing at Narrabeen, with costs thrown away of $3,100 ordered against the Applicant.

  • Seniors housing
  • Development consent
  • Conciliation conference
  • Clause 4.6 variation
  • Costs thrown away
  • Seniors-housing
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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.