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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty of care
  • Civil liability act 2002 (nsw) s 5b
  • Conveyancing act 1919 (nsw) s 177
  • Proportionate liability
  • Damages for diminution in value
  • Improperly obtained evidence
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Defamation

O'Shanassy v Turland (No 3)

O'Shanassy v Turland (No 3) [2025] NSWDC 27

In a defamation case, the court refused to set aside a Westpac subpoena, finding the requested bank records were apparently relevant and granting general access.

  • Subpoenas
  • Apparent relevance test
  • Legitimate forensic purpose
  • Access to documents
  • Particulars of justification
  • Jury trial procedure
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Tort

Kelly v UNSW

Kelly v UNSW [2025] NSWDC 24

The court struck out the defamation claims for failure to comply with concerns notice requirements and limitation issues, and left the intimidation claim to be repleaded.

  • Defamation claims
  • Limitation periods
  • Concerns notice procedure
  • Abuse of process
  • Strike out applications
  • Tort of intimidation
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Tort

O'Shanassy v Turland (No 2)

O'Shanassy v Turland (No 2) [2025] NSWDC 23

A late pre-trial strike-out application in a defamation jury trial was refused for determination now and stood over to the trial judge, with costs.

  • Defamation
  • Procedural orders
  • Contextual justification
  • Strike-out applications
  • Strike-out-applications
  • Procedural-orders
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Tort

Munro v Wheeler (No 3)

Munro v Wheeler (No 3) [2025] NSWDC 3

Defamation claim over Facebook posts about a missing puppy failed at the publication stage, and the defendants also succeeded on alternative defences.

  • Defamation
  • Social media publications
  • Qualified privilege
  • Honest opinion
  • Justification
  • Fair comment
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Tort

Pafburn Pty Limited v The Owners - Strata Plan No 84674

Pafburn Pty Limited v The Owners - Strata Plan No 84674 [2024] HCA 49

The High Court considered whether proportionate liability applies to a claim under s 37 of the Design and Building Practitioners Act 2020 (NSW).

  • Negligence
  • Proportionate liability
  • Non-delegable duty
  • Building and construction law
  • Economic loss
  • Statutory duties
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Tort

Mannoun v Ristevski

Mannoun v Ristevski [2024] NSWDC 564

A defamation claim over a Facebook comment was dismissed after the court found the plaintiff had not proved serious harm to reputation under s 10A.

  • Serious harm threshold
  • Publication
  • Reputation
  • Social media
  • Grapevine effect
  • Defamation
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Tort

Munro v Wheeler (No 2)

Munro v Wheeler (No 2) [2024] NSWDC 492

The District Court refused a late interlocutory application to dismiss defamation proceedings for alleged discovery failures and destruction of a mobile phone.

  • Discovery of documents
  • Destruction of evidence
  • Interlocutory applications
  • Striking out proceedings
  • Costs
  • Defamation
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Tort

Smolin v Dailymail.com Australia Pty Ltd

Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433

The District Court released the defendants from Hearne v Street obligations to give an e-book to police, but refused the plaintiff's broader suppression request.

  • Implied undertaking
  • Non-publication orders
  • Release of documents under subpoena
  • Suppression orders
  • Public interest disclosure
  • Costs
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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.