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Torts

VLS3 v Osborne

Historical sexual abuse claim partly proved. The Court found some abuse on Council grounds, awarded compensatory and aggravated damages, and entered judgment for $461,046.02.

  • Historical sexual abuse
  • Assault and battery
  • Credibility and reliability of evidence
  • Psychiatric injury
  • General damages
  • Aggravated damages
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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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Building and construction

Schmuelly v Elrob Construction Group Pty Ltd (No 3)

The Court rejected the misleading conduct claim but awarded damages for defective and incomplete building work, including overpayments. The builder’s cross-claim was dismissed.

  • Incomplete and defective building work
  • Misleading or deceptive conduct
  • Repudiation and termination
  • Rectification and completion costs
  • Milestone payments and variations
  • Mitigation
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Consumer law

Schmuelly v Elrob Construction Group Pty Ltd (No 3)

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.

  • Misleading or deceptive conduct
  • Building contracts
  • Repudiation
  • Rectification of defects
  • Damages assessment
  • Milestone payments
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Torts

Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales

Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales [2025] NSWDC 28

District Court decision on repeated police stop, search, and detention incidents involving LEPRA powers, consent, and damages claims by two plaintiffs.

  • False imprisonment
  • Assault and battery
  • Trespass to goods
  • Consent
  • Reasonable grounds for police searches
  • Lawful exercise of police powers
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Torts

Hayes v Navre

Hayes v Navre [2024] NSWLC 10

The Local Court held the plaintiff could recover replacement car hire damages, but only at the lower Campbelltown rate, after finding the agreed credit-hire charge unreasonable.

  • Motor vehicle hire
  • Credit hire
  • Mitigation of loss
  • Assessment of damages
  • Credit-hire
  • Motor-vehicle-hire
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Damages

Commonwealth of Australia v SanofiCitation:[2024] HCA 47Before:Gordon ACJ, Edelman, Steward, Jagot, Beech-Jones JJDate:11 Dec 2024Case Number:S169/2023Read more

The High Court dismissed an appeal about compensation under an undertaking as to damages, holding the applicant had not proved the generic products would have been listed on the PBS but for the injunction.

  • Undertaking as to damages
  • Interlocutory injunction
  • Pharmaceutical benefits scheme
  • Onus of proof
  • Standard of review
  • Undertaking-as-to-damages
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Contract law

Justin Len Miller v Elwood’s Eatery atf the Allcock Family Trust

Justin Len Miller v Elwood’s Eatery atf the Allcock Family Trust [2024] NSWDC 570

The District Court resolved an oral contract dispute about arcade machines, fit-out costs and damages after the defendant wrongfully kept the plaintiff's machines.

  • Bailment
  • Conversion
  • Detinue
  • Oral contracts
  • Contract terms
  • Unjust contracts
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Consumer law

Williams v Toyota Motor Corporation Australia Limited

Williams v Toyota Motor Corporation Australia Limited [2024] HCA 38

The High Court held that reduction-in-value damages under the ACL are assessed at supply, using all known information about the defect and any repair.

  • Australian consumer law
  • Damages assessment
  • Consumer guarantees
  • Defective products
  • Remedies against manufacturers
  • Consumer-law
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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.