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Australia Case Law

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Civil procedure

SPV Capital Pty Ltd v Bhatt & Anor (No 2)

The Court amended earlier orders after identifying an erroneous set-off assumption, confirmed default judgment, dismissed the cross-claim, and assessed damages at $1,539,315.

  • Amendment of orders
  • Default judgment
  • Cross-claim
  • Set-off
  • Costs
  • Default-judgment
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Planning and environment law

MP Development 10 Pty Ltd v Northern Beaches Council

The Court upheld the appeal and granted consent for amended seniors housing at Narrabeen, with costs thrown away of $3,100 ordered against the Applicant.

  • Seniors housing
  • Development consent
  • Conciliation conference
  • Clause 4.6 variation
  • Costs thrown away
  • Seniors-housing
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Health law

Health Care Complaints Commission v Balasubramaniam (No 2)

After findings of professional misconduct, the Tribunal cancelled the nurse’s registration, imposed a five-year non-review period, prohibition order, costs, and suppression orders.

  • Registered nurse registration cancellation
  • Protective orders
  • Non-review period
  • Prohibition on providing health services
  • Costs
  • Suppression/publication restriction
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Civil procedure

Wang v South Eastern Sydney Local Health District (No 2)

The Supreme Court dismissed the proceedings under r 31.36(3) because the plaintiff lacked clear standing, had no compliant expert evidence, and no real prospect of success.

  • Summary disposal
  • Dismissal of proceedings
  • Standing to sue
  • Letters of administration
  • Expert evidence
  • Death claim
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Civil procedure

Calokerinos v Madison Marcus Law Firm Pty Ltd

The Supreme Court dismissed an application to transfer District Court proceedings involving a legal costs claim and cross-claim, finding transfer was not necessary or appropriate.

  • Transfer of proceedings
  • District court jurisdiction
  • Cross-claim
  • Costs
  • Civil-procedure
  • Transfer-of-proceedings
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Civil procedure

Houston v Shiels (No 2)

The Court dismissed the Second Plaintiff’s claim for no reasonable cause of action under r 13.4(1) and ordered him to pay the Defendants’ costs.

  • Summary dismissal
  • No reasonable cause of action
  • Frivolous and vexatious proceedings
  • Costs
  • Summary-dismissal
  • No-reasonable-cause-of-action
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Administrative law

Hogan v Wood

The Tribunal dismissed a contempt referral application over alleged non-production of strata documents, finding no admissible proof the missing documents existed or were within the respondent’s control.

  • Failure to comply with summons
  • Referral for contempt
  • Production of documents
  • Possession or control of documents
  • Costs directions
  • Contempt
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Administrative law

Lee v Commissioner for Fair Trading

The Court dismissed a judicial review challenge to a search warrant and related licensing decisions, finding the warrant claim out of time and the proceedings otherwise futile.

  • Judicial review
  • Search warrant
  • Extension of time
  • Administrative review
  • Strata management licences
  • Liquidation
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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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Planning and environment law

Upscale Developments Pty Ltd v Woollahra Municipal Council

Class 1 development appeal upheld by consent after conciliation conference, with development consent granted for a 17-unit residential flat building and $10,000 costs thrown away ordered.

  • Development appeal
  • Residential flat building
  • Affordable housing
  • Conciliation conference
  • Costs
  • Classified road
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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.