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Australia Case Law

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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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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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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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Planning and environmental law

Cameron v Woollahra Municipal Council (No 2)

On costs after dismissal of a Class 4 planning claim, Beasley J held there was no basis to depart from the usual order and awarded costs to the Council.

  • Deferred commencement condition
  • Development consent lapse
  • Costs discretion
  • Usual order as to costs
  • Costs
  • Planning-and-environmental-law
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Administrative law

Sydney Children’s Hospitals Network v FZP

The Court of Appeal held that “in the public interest” in the Health Privacy Principles qualifies research, not the use or disclosure of health information.

  • Construction of health privacy principles
  • Use and disclosure of health information
  • Public interest qualifier
  • Pseudonym/suppression orders
  • Intervention as amicus curiae
  • Statutory-interpretation
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Costs

Antymniuk v Davies

The Court ordered the first plaintiff to provide $30,000 security for costs, stayed the proceedings against the first defendant, and allowed dismissal if security was not provided.

  • Security for costs
  • Stay of proceedings
  • Quantum of security
  • Enforcement against non-resident plaintiff
  • Impecuniosity of corporate plaintiff
  • Security-for-costs
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Costs

McGinn v Law Society of New South Wales (No 2)

Costs were ordered against the self-represented plaintiff in an appeal under s 247 of the Uniform Law, the Court finding the interests of justice favoured costs on the ordinary basis.

  • Appeals under s 247 of the legal profession uniform law 2014 (nsw)
  • Interests of justice
  • Party-party costs
  • Self-represented litigant
  • Unreasonable conduct
  • Allegations of fraud and dishonesty
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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.