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Australia Case Law

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Costs assessment

DLaw Pty Ltd v Croft Developments Pty Ltd

The Court of Appeal refused leave to appeal in a costs-assessment dispute, holding the proposed challenge was too late, premature, and potentially without utility.

  • Leave to appeal
  • Judicial review
  • Amendment of costs assessment application
  • Utility of relief
  • Fragmentation of proceedings
  • Interim bills
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Civil procedure

Snaidero v Snaidero; Snaidero v Cater & Blumer Pty Ltd

The Court approved settlements in two linked proceedings involving Farm 16, approved a release of family provision rights, and ordered settlement funds paid to private trustees.

  • Approval of settlement for person under legal incapacity
  • Release of family provision rights
  • Payment of settlement monies to private trustees
  • Specific performance
  • Costs and dismissal orders
  • Approval-of-settlement
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Administrative law

Kaempfe v University of New South Wales

The Tribunal set aside a summons issued to UNSW’s Vice-Chancellor, finding the requests lacked a legitimate forensic purpose and were oppressive.

  • Summons
  • Legitimate forensic purpose
  • Oppressive process
  • Relevance
  • Set aside summons
  • Legitimate-forensic-purpose
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Administrative law

Peak Manufacturing Pty Ltd t/as Metal Roofing Warehouse v A Network Production Engineering Pty Ltd t/as Auto Gates & Fencing

The Appeal Panel allowed an appeal, finding Peak was denied procedural fairness when it was not given the chance to respond to medical evidence supporting a set-aside application.

  • Procedural fairness
  • Set aside of decision made in absence of a party
  • Internal appeal
  • Ncat appeal powers
  • Procedural-fairness
  • Set-aside-of-decision-made-in-absence-of-a-party
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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty of care
  • Civil liability act 2002 (nsw) s 5b
  • Conveyancing act 1919 (nsw) s 177
  • Proportionate liability
  • Damages for diminution in value
  • Improperly obtained evidence
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Administrative law

YWK v YVN

The Appeal Panel held Tribunal 2 had commenced consideration of the enduring power of attorney application, so Tribunal 3 was not properly constituted and its decision was invalid.

  • Jurisdictional error
  • Constitution of tribunal
  • Reconstitution of tribunal
  • Meaning of 'consideration of a matter by the tribunal has commenced'
  • Procedural fairness
  • Administrative-law
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Planning and environment law

Upscale Developments Pty Ltd v Woollahra Municipal Council

Class 1 development appeal upheld by consent after conciliation conference, with development consent granted for a 17-unit residential flat building and $10,000 costs thrown away ordered.

  • Development appeal
  • Residential flat building
  • Affordable housing
  • Conciliation conference
  • Costs
  • Classified road
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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.