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The Court held a loan agreement was formed by oral discussions and conduct, despite no executed copy from the borrower, and rejected a Hong Kong licensing defence.
The Court upheld a bookmaker’s debt claim for telephone betting losses, rejecting illegality and onus-of-proof arguments, and dismissing the defendant’s cross-claim.
The Supreme Court ordered possession to the mortgagee, dismissed the Patels’ cross-claim, and held the loan terms were not unconscionable, unfair, or unjust.
The Supreme Court of New South Wales construed a Binding Heads of Agreement and held clause 9 applied because the required steps had not been implemented by 30 June 2025.
Schmuelly v Elrob Construction Group Pty Ltd (No 3) [2025] NSWSC 118
The Court found the builder had not misled the homeowner, but the building work was defective and incomplete. Damages were awarded for overpayments, not completion costs.
Tran v Bakour [2025] NSWSC 101
The Supreme Court of NSW ordered specific performance of a land sale contract, finding the purchaser ready, willing and able to complete and rejecting hardship.
ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd) (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 3) [2025] FCA 132
The Federal Court rejected a bid to construe or rectify a guarantee deed to make Steller Developments the issuer. It also held the cross-claim indemnity was operative.
Carlingford Montessori Academy Pty Ltd v Thallon HLD Pty Ltd [2025] NSWSC 79
The Court held that a lease clause requiring consent for changes in control applied to indirect control changes in a parent company, so the summons was dismissed.
La Selva v La Selva [2025] NSWSC 78
The Court found a son unconscionably induced substantial transfers from his elderly, ill mother and ordered repayment to her estate, with related contract and fiduciary issues addressed.
Electric Pty Ltd atf the Elias Family Trust v Quinn [2025] NSWSC 69
The Court held that Mr Quinn executed and was bound by a deed requiring him to pay Electric Pty Ltd $1.5 million, and entered judgment for the plaintiff.
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