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Australia Case Law

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Mercantile law

SPV Capital Pty Ltd v Bhatt & Anor

Commercial lender’s claim upheld after default judgment; defendants’ cross claim alleging penalty, unconscionability and misleading conduct was dismissed.

  • Commercial loan agreements
  • Default judgment
  • Cross claim
  • Penalty clause
  • Unconscionability
  • Misleading and deceptive conduct
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Building and construction

Tan v Platinumhomeland Pty Ltd

The District Court awarded the homeowners rectification damages, incidental expert expenses, interest, and costs against an unlicensed builder and its director.

  • Defective residential building work
  • Statutory warranties
  • Design and building practitioners duty of care
  • Misleading or deceptive conduct
  • Rectification damages
  • Pre-judgment interest
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Consumer law

Spajic v Carline Automotive Pty Ltd

Appeal Panel refused leave and dismissed an appeal over motor vehicle repair services, rejecting challenges to reasons and consumer guarantee findings.

  • Consumer guarantees
  • Supply of services
  • Due care and skill
  • Fitness for purpose
  • Reasonable time for supply
  • Adequacy of reasons
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Torts

Zou v Ji

The Court held that the second defendant engaged in misleading or deceptive conduct by passing on a false invoice and oral representations about a direct JBX supply relationship.

  • Misleading or deceptive conduct
  • Deceit
  • Damages
  • Reliance
  • Agency
  • Apportionment of liability
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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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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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Consumer law

Blazevic v Australian Paint Company Pty Ltd

The Tribunal found APC breached a settlement agreement by not paying $4,000 for labour, ordered that sum to Ivan Blazevic, removed Omega as a respondent, and otherwise dismissed the claim.

  • Consumer claim
  • Manufacturer liability
  • Settlement agreement
  • Breach of contract
  • Jurisdiction of ncat
  • Costs
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Building and construction

Hanicog Pty Ltd v Belle Lifestyle Homes Australia Pty Ltd

The Tribunal ordered Belle to pay Hanicog $47,585.40 for an undisclosed payment to Hanicog’s agent, but dismissed the ACL, defect and delay claims.

  • Secret commission
  • Fiduciary duty
  • Defective residential building work
  • Practical completion
  • Misleading or deceptive conduct
  • Costs directions
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Building and construction

Murray v Insurance and Care NSW t/as iCare

The Tribunal dismissed a claim for refund of a home building compensation premium, holding it was not a building claim and fell outside its jurisdiction.

  • Home building act 1989 (nsw) part 3a jurisdiction
  • Meaning of building claim
  • Refund of home building compensation insurance premium
  • Collateral contract
  • Appeal against insurer decision
  • Building-and-construction
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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.