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Torts

APC v Mr B (No 2)

APC v Mr B (No 2) [2024] NSWSC 1608

The Court found APC proved historical child sexual abuse by Mr B. Her evidence was accepted, his conspiracy defence rejected, and damages were to be assessed.

  • Historical child sexual abuse
  • Damages assessment
  • Credibility
  • Aggravated and exemplary damages
  • Freezing orders
  • Suppression orders
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Negligence

Daher v Gold & Eagle Constructions Pty Ltd

Daher v Gold & Eagle Constructions Pty Ltd [2024] NSWSC 1575

Workplace negligence case over a fall through a floor penetration at a renovation site. Gold & Eagle was liable; Steven Miller was not. Contributory negligence was assessed at 30%.

  • Work accident
  • Duty of care
  • Contributory negligence
  • Safe system of work
  • Liability apportionment
  • Negligence
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Civil law

Jiaqing Xu v Cao & Du Management Pty Ltd

Jiaqing Xu v Cao & Du Management Pty Ltd [2024] NSWSC 1474

The Court granted urgent interim property preservation orders, rejecting a non-specific $20,000 carve-out and deferring asset-disclosure orders until the return hearing.

  • Freezing orders
  • Property preservation orders
  • Interlocutory relief
  • Case management
  • Freezing-orders
  • Property-preservation-orders
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Common law

Daynes v I-MED Central Queensland Pty Ltd (No 2)

Daynes v I-MED Central Queensland Pty Ltd (No 2) [2024] NSWSC 1313

The Supreme Court corrected a damages calculation under the slip rule, adjusted interest to match the amended principal, and varied costs based on settlement offers.

  • Slip rule amendments
  • Costs
  • Interest on judgment
  • Contract damages
  • Employment termination
  • Slip-rule
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Common law

Senworth Capital Pty Ltd atf The Car Loan Security Trust v Galleria SUV Pty Ltd

Senworth Capital Pty Ltd atf The Car Loan Security Trust v Galleria SUV Pty Ltd [2023] NSWSC 171

The Supreme Court of NSW declared a secured party entitled to take possession of a Mercedes Benz under the PPSA and ordered indemnity costs.

  • Mortgages and securities
  • Personal property securities
  • Enforcement of security interests
  • Declaratory relief
  • Indemnity costs
  • Personal-property-securities
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Common law

Ida Wolff bht Steven Binetter v Binetter

Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1249

The Court found Ronald Binetter borrowed $1 million from Mrs Ida Wolff, but held the claim was statute-barred because disability under the Limitation Act was not proven.

  • Loan recovery
  • Limitation period
  • Disability under limitation act
  • Handwriting evidence
  • Loan-recovery
  • Limitation-period
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Negligence

Smith v Ulan Coal Mines Limited (No 2)

Smith v Ulan Coal Mines Limited (No 2) [2020] NSWSC 416

The plaintiff failed to prove how a high-pressure fluid injury occurred at a coal mine and did not establish negligence. Judgment was entered for the defendant.

  • Employer's duty of care
  • Contractor liability
  • Application of civil liability act 2002 (nsw)
  • Workplace injury causation
  • High-pressure fluid injuries
  • Res ipsa loquitur
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Administrative law

Insurance Australia Limited v Salvadori and Ors

Insurance Australia Limited v Salvadori and Ors [2019] NSWSC 1470

The Supreme Court dismissed an insurer's judicial review challenge to a medical assessment and SIRA review decision, holding no legal error was shown.

  • Judicial review
  • Medical assessment
  • Costs – indemnity basis
  • Statutory interpretation
  • Judicial-review
  • Medical-assessment
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Common law

Zoran Divis v Georgia Knight & Ors

Zoran Divis v Georgia Knight & Ors [2019] NSWSC 1344

The court dismissed Mr Divis’s proceedings, refusing leave to amend. The pleadings were deficient and the claims were untenable against judicial officers, police officers and witnesses.

  • Judicial immunity
  • Witness immunity
  • Vicarious liability
  • Police tort claims
  • Pleading requirements
  • Dismissal of proceedings
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Administrative law

Insurance Australia Limited t/as NRMA Insurance v Warren

Insurance Australia Limited t/as NRMA Insurance v Warren [2019] NSWSC 1126

The Supreme Court quashed a medical assessor’s certificate for jurisdictional error, finding inadequate reasons and failure to engage with key pre-existing injury arguments.

  • Judicial review
  • Jurisdictional error
  • Medical assessment
  • Procedural fairness
  • Motor accidents compensation
  • Judicial-review
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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.