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Australia Case Law

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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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Procedure

Fu Chen v Stephen Paul Firth trading as Firths, The Compensation Lawyers

Fu Chen v Stephen Paul Firth trading as Firths, The Compensation Lawyers [2013] NSWSC 1873

The Court refused leave to withdraw an offer of compromise, entered judgment for Fu Chen for $2,000, and ordered indemnity costs for the motion.

  • Withdrawal of offer of compromise
  • Suspicion of fraud
  • Costs
  • Indemnity costs
  • Offer-of-compromise
  • Civil-procedure
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Practice and procedure

BRODBECK & ANOR. v. POTTS & ORS.

BRODBECK & ANOR. v. POTTS & ORS. [2001] NSWCA 39

The Court of Appeal refused leave to appeal against refusal to vacate a hearing date and allow late service, holding the claims were already time-barred.

  • Application to vacate hearing date
  • Leave to appeal refusal
  • Limitation of actions
  • Personal liability of solicitor for costs
  • Leave-to-appeal
  • Late-service
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Civil litigation

Long v Gaincrew Pty Ltd

Long v Gaincrew Pty Ltd [1999] NSWSC 561

The Supreme Court of NSW dismissed an appeal about extending time under Queensland limitation law, holding the new filing argument could not be raised on appeal.

  • Extension of limitation period
  • Personal injury
  • Negligent medical treatment
  • Limitation-of-actions
  • Appeals
  • Medical-negligence
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Taxation law

Waterhouse & 2 Ors v Chief Commissioner of State Revenue & Anor

Waterhouse & 2 Ors v Chief Commissioner of State Revenue & Anor [1999] NSWSC 108

The court ordered preliminary questions of law to be determined in a long-running dispute over land tax, council rates, limitation periods, and statutory appeal rights.

  • Land tax
  • Council rates
  • Limitation period
  • Unjust enrichment
  • Trespass
  • Fiduciary duty
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Lunacy/mental health law

McLaughlin v Fosbery

McLaughlin v Fosbery [1904] HCA 55

The High Court held that a forcible removal to a licensed house was not protected by s 172 of the Lunacy Act, but the stay was upheld as a vexatious action.

  • Committee of lunatic – powers and liabilities
  • Trespass and false imprisonment
  • Statutory protection for acts under lunacy act
  • Stay of proceedings – vexatious litigation
  • Jurisdictional practice and amendment of proceedings on appeal
  • Lunacy-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.