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Australia Case Law

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Land law

Walker v Adams

The Court held the easement did not authorise use of the carriageway solely as a turning area and extinguished any benefit to Lot 54 under s 89(1)(c).

  • Easements
  • Construction of grants
  • Substantial interference
  • Ancillary rights to repair and maintain
  • Extinguishment or modification of easements under s 89
  • Real-property
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Commercial law

Taggle Systems Pty Ltd v Elster Metering Pty Ltd

The Court granted only a partial stay in favour of Singapore arbitration, limited to post-8 February 2021 supply contracts, and delayed the arbitration until final judgment.

  • Stay of proceedings
  • Arbitration agreement
  • Kompetenz-kompetenz
  • Incorporation by reference
  • Through or under
  • Partial stay
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Civil procedure

Snaidero v Snaidero; Snaidero v Cater & Blumer Pty Ltd

The Court approved settlements in two linked proceedings involving Farm 16, approved a release of family provision rights, and ordered settlement funds paid to private trustees.

  • Approval of settlement for person under legal incapacity
  • Release of family provision rights
  • Payment of settlement monies to private trustees
  • Specific performance
  • Costs and dismissal orders
  • Approval-of-settlement
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Costs

Haiyong Su v 5 Blackman Cres Macquarie Pty Ltd (No 2)

Costs judgment after the principal decision in a debt recovery proceeding: the defendant was ordered to pay 50% of the plaintiff’s costs on the ordinary basis.

  • Party/party costs
  • Indemnity costs
  • Calderbank offers
  • Special costs orders
  • Ucpr r 42.34
  • Cross-claim costs
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Construction law

Built Pty Ltd v State of New South Wales

The Court held that the $500,000 expert-determination threshold in GC21 applies to each Issue separately, stayed the barred claims, and ordered costs forthwith.

  • Expert determination
  • Stay of proceedings
  • Contract construction
  • Waiver
  • Costs of interlocutory application
  • Expert-determination
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Civil procedure

Amin Homes Hadiqat Woolgen Pty Ltd v Anwar

Pike J fixed Birchgrove Legal’s subpoena compliance costs at $9,110 and ordered each side to bear its own costs of the motion over access to subpoenaed documents.

  • Costs of compliance with subpoena
  • Privilege claims over subpoenaed documents
  • Subpoena access to documents
  • Necessary party to motion
  • Assessment of reasonable loss or expense
  • Costs
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About this LexChat collection

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.