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Civil procedure

Huybers v Gardner Ekes Lawyers

The Supreme Court of New South Wales granted leave to join the defendant law practice’s insurer and to file an amended statement of claim, by consent.

  • Joinder of insurer
  • Leave to amend statement of claim
  • Discretion under the civil liability (third party claims against insurers) act 2017 (nsw)
  • Joinder-of-insurer
  • Leave-to-amend-pleading
  • Professional-negligence
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Land valuation

Boensch v Valuer-General of New South Wales

Appeal from a Class 3 land valuation decision dismissed. The Court rejected complaints about procedural fairness, comparable sales, flood classification and estoppel.

  • Procedural fairness
  • Comparable sales
  • Flood risk classification
  • Foreshore building line
  • Estoppel
  • Onus of proof
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Criminal law

Zhang v R (No 4)

The Court of Criminal Appeal dismissed Li Zhang’s conviction appeal, rejecting claims of unlawful extradition, unsafe verdicts, judicial bias, jury pressure, and e-trial unfairness.

  • Unreasonable verdict
  • Judicial intervention
  • Summing up
  • Jury pressure
  • Malicious prosecution
  • Extradition
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Criminal law

Bradley Reyter v Director of Public Prosecutions (NSW)

The Supreme Court held that aggravating facts in agreed material did not deprive the Local Court of jurisdiction to accept guilty pleas; the De Simoni issue was for sentence.

  • Jurisdiction of local court
  • Guilty plea rejected
  • Summary disposal of indictable offences
  • De simoni principle
  • Appeal against interlocutory order
  • Local-court-jurisdiction
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Evidence

Davey v Want

The Court of Appeal dismissed an appeal in a civil sexual abuse claim, holding the primary judge did not err in applying the standard of proof or assessing credibility.

  • Standard of proof
  • Credibility and reliability of witnesses
  • Assessment of evidence
  • Sexual abuse allegations
  • Appellate review of findings of fact
  • Reasons for judgment
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Building and construction

The Owners – Strata Plan No 94624 v G & T Younan Constructions Pty Ltd

The Supreme Court of New South Wales found the defendants liable for defective residential building work, awarded rectification damages, interest and costs, and proceeded despite their non-appearance.

  • Statutory warranties
  • Defective residential building work
  • Non-appearance at trial
  • Costs
  • Interest on damages
  • Building-and-construction
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Costs

Naidu v Elementary Innovation Pte Ltd

The Tribunal dispensed with a hearing and ordered Amitesh Naidu to pay Temu Pty Ltd’s costs, fixed at $4,317.75, after finding special circumstances.

  • Special circumstances
  • Lump sum costs
  • Incorrectly named respondent
  • Self-represented litigant
  • Dispensing with hearing
  • Costs
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Criminal law

T C v Director of Public Prosecutions

Appeal against convictions allowed because the CCTV and circumstantial clothing evidence did not prove beyond reasonable doubt that the appellant was the offender.

  • Identification evidence
  • Cctv footage
  • Circumstantial reasoning
  • Standard of proof beyond reasonable doubt
  • Publication suppression
  • Identification-evidence
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Industrial relations

Public Service Association and Professional Officers’ Association Amalgamated Union of NSW v Industrial Relations Secretary on behalf of Department of Primary Industries & Regional Development

By consent, the Commission made a new technical staff award, rescinded an older award, varied the fisheries award, and dismissed the removal application otherwise.

  • Award making
  • Award rescission
  • Award variation
  • Removal of party from award
  • Conciliation
  • Public interest
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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.