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Civil procedure

Toyota Finance Australia Limited v Antonia Suntsova & Ors

Toyota Finance Australia Limited v Antonia Suntsova & Ors [2025] NSWSC 94

Default judgment was entered for Toyota Finance Australia Limited against the Second Defendant for a liquidated restitution claim, with interest, costs, and dismissal of a dormant motion.

  • Default judgment
  • Rule application by analogy
  • Unjust enrichment
  • Restitution
  • Costs in interlocutory proceedings
  • Default-judgment
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Contracts

H.C. Loneragan & Company Pty Limited as trust for the Loneragan Family Trust trading as Quantum Forensic Solutions v Locke

H.C. Loneragan & Company Pty Limited as trust for the Loneragan Family Trust trading as Quantum Forensic Solutions v Locke [2024] NSWDC 525

The District Court found Mr Locke personally contracted for limited forensic accounting work, then ordered payment for later work on a quantum meruit basis.

  • Formation of contract
  • Offer and acceptance
  • Quantum meruit
  • Identification of contracting parties
  • Unjust enrichment
  • Provision of forensic accounting services
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Equity

Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq)

Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) [2024] NSWCA 253

The Court of Appeal allowed Blue Mirror’s appeal against Anthony Tan and Australian Construction Company Pty Ltd, finding knowing receipt of trust money, but dismissed the appeal against Tan & Tan in liquidation.

  • Breach of fiduciary duty
  • Knowing receipt
  • Knowing assistance
  • Money had and received
  • Pleadings
  • Burden of proof
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Contract

Wang v Fan

Wang v Fan [2024] NSWSC 1339

The court found a RMB 10 million loan and a $248,500 payment made in reliance on a promise to marry, while rejecting most set-off claims and disputed WeChat evidence.

  • Loan agreements
  • Implied terms
  • Promise to marry
  • Implied indemnities
  • Money had and received
  • Unjust enrichment
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Contracts

Rashazar v Tok

Rashazar v Tok [2024] NSWDC 443

The court found a share sale agreement was enforceable, rejected the sham defence, and held the defendant breached it by failing to transfer shares.

  • Breach of contract
  • Damages
  • Unjust enrichment
  • Restitution
  • Share sale agreement
  • Breach-of-contract
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Civil procedure

VJ Ray Pty Ltd v Ocwieja

VJ Ray Pty Ltd v Ocwieja [2024] NSWDC 349

The District Court assessed damages at $391,619.16 after default judgment for admitted misappropriation, and ordered indemnity costs on a gross sum basis.

  • Assessment of damages
  • Misappropriation
  • Costs (indemnity and gross sum)
  • Assessment-of-damages
  • Indemnity-costs
  • Gross-sum-costs
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Contract

Access Training Group Limited v James Michael Jane & Ors; Access Group Training Limited v Venture Capital Fund Australia Limited

Access Training Group Limited v James Michael Jane & Ors; Access Group Training Limited v Venture Capital Fund Australia Limited [2023] NSWSC 1416

The Court found a $1.3 million advance from AGT to VCFA was a loan, held the disputed share sale agreement was binding, and applied contractual set-off to defeat the $1.7 million deposit claim.

  • Money had and received
  • Set-off (contract)
  • Share sale agreements
  • Loan agreements
  • Failure of consideration
  • Breach of lease agreements
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Building and construction

Middleton v Wrona

Middleton v Wrona [2023] NSWCATAP 158

The Appeal Panel set aside a restitution order against a builder, upheld a garage demolish-and-rebuild order, and invited costs submissions.

  • Lump sum contract
  • Variation
  • Progress payments
  • Breach of contract
  • Rectification
  • Money had and received
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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.