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Australia Case Law

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Administrative law

Cox v Secretary, Department of Education

Judicial review succeeded where the Appeal Panel failed to engage with key evidence about holidaying and gym attendance, and wrongly treated driving as part of social/recreational activities.

  • Judicial review of appeal panel decision
  • Psychological injury
  • Whole person impairment
  • Pirs assessment
  • Jurisdictional error
  • Error of law on the face of the record
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Negligence

Fuchs v Coles Supermarkets Australia Pty Ltd

In a negligence damages assessment, the Court awarded Suzanne Fuchs $907,375.50 after a 10% contributory negligence reduction, with a global buffer for future earning loss.

  • Non-economic loss
  • Past loss of earnings
  • Future diminution of earning capacity
  • Past care
  • Future care
  • Contributory negligence
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Civil procedure

Johnstone v South Western Sydney Local Health District

The Court granted leave to rely on fresh expert evidence and to amend the statement of claim, and ordered the plaintiff to pay costs thrown away by the amendment.

  • Amendment of pleadings
  • Fresh expert evidence
  • Expert shopping
  • Costs thrown away
  • Expert conclave
  • Amendment-of-pleadings
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Civil and administrative tribunal

Feat Active Pty Ltd t/a AW Design Build v Tellett

The Appeal Panel dismissed an internal appeal in a home building dispute, refusing leave on non-law grounds and upholding findings of statutory warranty breach.

  • Statutory warranties
  • Waterproofing defects
  • Causation
  • Procedural fairness
  • Leave to appeal
  • Question of law
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Civil procedure

Gibson v Blomdale

Default judgment was entered for the plaintiff after the defendant failed to appear. The court assessed damages for childhood abuse, psychiatric injury, and economic loss.

  • Default judgment
  • Unliquidated damages
  • Child abuse
  • Psychiatric injury
  • Assessment of damages
  • Economic loss
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Corporations

In the matter of Venroy Pty Limited (Costs)

The Court ordered Geoffrey James Finch to pay Venroy Pty Limited’s costs on a gross sum basis of $25,000 after Venroy succeeded in setting aside a defective statutory demand.

  • Statutory demand
  • Lump sum costs order
  • Indemnity costs
  • Service of originating process
  • Verification affidavit
  • Statutory-demand
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Criminal law

Jamal Zahab v R

Sentence appeal allowed after the Court found error in taking account of a co-offender’s firearm use, conflating liability with culpability, and relying on inaccurate priors.

  • Appeal against sentence
  • Objective seriousness
  • Joint criminal enterprise
  • Firearm use by co-offender
  • De simoni principle
  • Josefski principle
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Equity

Agency Settlements Pty Ltd v Zak

The Supreme Court of New South Wales refused an interlocutory injunction restraining Mr Zak from saying Agency Settlements’ deposit model breached s 86.

  • Interlocutory injunction
  • Misleading or deceptive conduct
  • Injurious falsehood
  • Business model lawfulness
  • Trust money and depositholder arrangements
  • Interlocutory-injunction
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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.