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Australia Case Law

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Corporations

In the matter of Mayne Pharma Group Limited

The Supreme Court of New South Wales dismissed an application for an interim stay, holding the ends of justice did not require delaying the proceedings pending appeal.

  • Interim stay of proceedings
  • Issue estoppel
  • Case management
  • Appeal pending
  • Costs
  • Interim-stay-of-proceedings
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Health law

Health Care Complaints Commission v Al Hamid

The Tribunal found repeated breaches of podiatry registration conditions and misleading statements to the regulator, amounting to professional misconduct.

  • Professional misconduct
  • Unsatisfactory professional conduct
  • Registration conditions
  • Protective orders
  • Costs
  • Non-disclosure order
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Civil procedure

Sinanovic v Bone

Leave to appeal was refused in a low-value tenancy dispute, with costs ordered against the applicant. The Court found no arguable error and no basis to revisit new grounds.

  • Leave to appeal
  • Apprehended bias
  • Procedural fairness
  • Lay advocate representation
  • Unconscionable conduct
  • Non est factum
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Criminal law

R v Hooker (No 3) – Detention application

The Crown’s detention application under s 50 of the Bail Act was refused. The Court found special or exceptional circumstances justified bail pending sentence.

  • Detention application
  • Post-conviction bail
  • Special or exceptional circumstances
  • Manslaughter
  • Sentencing pending
  • Post-conviction-bail
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Planning and environment

Grand Rozelle Pty Ltd v Transport for NSW

The Court dismissed Grand Rozelle Pty Ltd’s motion to set aside part of a notice to produce, finding the documents had apparent relevance and production was not oppressive.

  • Notice to produce
  • Apparent relevance
  • Oppression
  • Abuse of process
  • Interlocutory procedure
  • Notice-to-produce
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Civil procedure

Abraham v Goldberg (No. 2)

The Supreme Court dismissed the plaintiff’s probate proceedings for repeated non-compliance and delay, ordering costs and indemnity costs on the motion.

  • Summary dismissal
  • Failure to comply with court orders
  • Failure to prosecute with due dispatch
  • Indemnity costs
  • Abuse of process
  • Consequential orders
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Equity

Thynne v Jevny Pty Ltd

The Court of Appeal dismissed an appeal about trust distributions, holding that post-2011 decisions were excused under s 85 and earlier claims were time-barred.

  • Breach of trust
  • Account in common form
  • Restoration of trust property
  • Section 85 trustee act excusal
  • Limitation act s 48 and s 15
  • Discretionary family trust
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Agency

Singer v No Defendant

The Court of Appeal held a s 19 certificate had to be contemporaneous, but rectified the instrument to add the omitted statement and upheld it as valid.

  • Enduring power of attorney
  • Statutory compliance
  • Construction of instruments
  • Equitable rectification
  • Suppression/non-publication order
  • Costs
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Planning and environment law

Goulburn Collective Pty Ltd v Goulburn Mulwaree Council

The Court upheld the appeal, granting consent for a five-unit multi dwelling housing development in Goulburn and ordering $10,000 costs thrown away.

  • Development application
  • Conciliation conference
  • Heritage conservation area
  • Multi dwelling housing
  • Amended plans
  • Costs thrown away
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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.