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Australia Case Law

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Contract

Ahmed v Phase Projects Pty Ltd

The Appeal Panel dismissed Farah Ahmed’s appeal and refused leave, upholding the Tribunal’s refusal of a refund, most damages claims, and CAD/copyright relief.

  • Breach of preliminary agreement
  • Leave to appeal
  • Weight of evidence
  • Causation and quantum
  • Fair and equitable orders
  • Cad files and copyright licence
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Civil procedure

Hodder v Wilkinson

The Court entered judgment against the second and third defendants on a loan agreement, but adjourned the claim against the first defendant because it would be unfair to proceed.

  • Default judgment
  • Service and notice
  • Interest under loan agreement
  • Indemnity costs
  • Adjournment for first defendant
  • Default-judgment
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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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Contract

McDonagh Blake Properties Pty Limited v Peter Blake Investments Pty Limited & Peter Stewart Blake

The Court held there was no accord and satisfaction, the debt claim was not time-barred, and MBP could recover $900,000 against PBI only.

  • Accord and satisfaction
  • Acknowledgment/confirmation of cause of action
  • Buyer’s agent commission and agency agreement requirements
  • Liability of defendant under compromise agreement
  • Accord-and-satisfaction
  • Limitation-of-actions
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Contract

Barel v Barel

The Court of Appeal dismissed an appeal about three alleged oral loan agreements between family members, upholding findings that they were repayable on sale of the Dover Heights property.

  • Oral loan agreements
  • Findings of fact
  • Witness credibility
  • Repayment terms
  • Limitation act 1969 (nsw)
  • Costs
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Costs

NS v State of New South Wales (Department of Education) (No 2)

The Court awarded the plaintiff a $100,000 gross sum costs order, granted the State judgment for breach-of-contract damages with interest, and refused the State’s gross sum motion.

  • Gross sum costs order
  • Indemnity costs
  • Offer to contribute
  • Breach of employment contract
  • Institutional sexual abuse
  • Gross-sum-costs-order
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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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Contract

Spotpress Pty Ltd v Spotpress Newspapers Pty Ltd

The Court found the sellers breached sale-of-business warranties and awarded damages, including $4.875 million, plus further relief on related claims.

  • Sale of business
  • Warranty breach
  • Damages assessment
  • Contract interpretation
  • Set-off
  • Lease electricity charges
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Contract

M & E Brisby Pty Ltd v D Poole Services Pty Ltd & Anor

M & E Brisby Pty Ltd v D Poole Services Pty Ltd & Anor [2025] NSWDC 44

The District Court dismissed a business-sale dispute, finding no contractual breaches and no misleading or deceptive conduct. Costs were ordered for the defendants.

  • Sale of business
  • Breach of contract
  • Misleading and deceptive conduct
  • Australian consumer law s 18
  • Contractual warranties
  • Supply arrangements
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Contract

Techfuel Pty Limited v Coulson Aviation (Australia) Pty Ltd

Techfuel Pty Limited v Coulson Aviation (Australia) Pty Ltd [2025] NSWDC 34

The Court held that Techfuel was entitled to a contractual lump sum fee after CAA terminated less than 100 days before the start of the fire season.

  • Interpretation of commercial contract
  • Termination for convenience
  • Liquidated damages and penalties
  • Implied terms – solvency
  • Admissibility of administrator's report as business record
  • Contract-interpretation
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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.