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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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Environment and planning

Secretary, Department of Planning, Industry and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning, Industry and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning, Industry and Environment v Woolondoon Pty Ltd; Secretary, Department of Planning, Industry and Environment v Phillip John Harris; Secretary, Department of Planning, Industry and Environment v Sue Ellen Harris

The Court determined linked native vegetation clearing prosecutions, accepting key aerial and ecological evidence in part and finding some charges proved beyond reasonable doubt.

  • Native vegetation clearing
  • Landholder liability
  • Regulated rural land
  • Evidentiary certificates
  • Expert evidence
  • Browne v dunn
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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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Land valuation

Boensch v Valuer-General of New South Wales

Appeal from a Class 3 land valuation decision dismissed. The Court rejected complaints about procedural fairness, comparable sales, flood classification and estoppel.

  • Procedural fairness
  • Comparable sales
  • Flood risk classification
  • Foreshore building line
  • Estoppel
  • Onus of proof
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Evidence

Davey v Want

The Court of Appeal dismissed an appeal in a civil sexual abuse claim, holding the primary judge did not err in applying the standard of proof or assessing credibility.

  • Standard of proof
  • Credibility and reliability of witnesses
  • Assessment of evidence
  • Sexual abuse allegations
  • Appellate review of findings of fact
  • Reasons for judgment
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Criminal law

T C v Director of Public Prosecutions

Appeal against convictions allowed because the CCTV and circumstantial clothing evidence did not prove beyond reasonable doubt that the appellant was the offender.

  • Identification evidence
  • Cctv footage
  • Circumstantial reasoning
  • Standard of proof beyond reasonable doubt
  • Publication suppression
  • Identification-evidence
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Practice and procedure

Pure Metals Pty Ltd v Shaw and Partners Limited

The Court upheld Shaw Partners’ privilege claims over 55 documents and dismissed Pure Metals’ motion for production with costs.

  • Disclosure
  • Legal professional privilege
  • Litigation privilege
  • Waiver of privilege
  • In-house counsel communications
  • Legal-professional-privilege
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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.