Australia Case Law

Hunt Leather Pty Ltd v Transport for NSWHunt Leather Pty Ltd v Transport for NSWCitation:[2025] HCA 53Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:17 Dec 2025Case Number:S20/2025, S21/2025Read more

The High Court held that Transport for NSW was liable in private nuisance for Sydney Light Rail construction impacts and that reasonable litigation funding costs were recoverable.

• Private nuisance
• Statutory authority
• Damages assessment
• Litigation funding costs
• Private-nuisance
• Statutory-authority

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Spotpress Pty Ltd v Spotpress Newspapers Pty Ltd

The Court found the sellers breached sale-of-business warranties and awarded damages, including $4.875 million, plus further relief on related claims.

• Sale of business
• Warranty breach
• Damages assessment
• Contract interpretation
• Set-off
• Lease electricity charges

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Stewart v Metro North Hospital and Health ServiceCitation:[2025] HCA 34Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:03 Sep 2025Case Number:B10/2025Read more

The High Court held damages could include medical and nursing care in the appellant’s own home, and reasonableness was not limited to a simple cost-benefit analysis.

• Damages assessment
• Medical negligence
• Future care costs
• Personal-injury
• Damages-assessment
• Future-care-costs

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Schmuelly v Elrob Construction Group Pty Ltd (No 3)

Schmuelly v Elrob Construction Group Pty Ltd (No 3) [2025] NSWSC 118

The Court found the builder had not misled the homeowner, but the building work was defective and incomplete. Damages were awarded for overpayments, not completion costs.

• Misleading or deceptive conduct
• Building contracts
• Repudiation
• Rectification of defects
• Damages assessment
• Milestone payments

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Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales

Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales; Reyes-Carrion v State of New South Wales [2025] NSWDC 28

District Court decision on repeated police stop, search, and detention incidents involving LEPRA powers, consent, and damages claims by two plaintiffs.

• False imprisonment
• Assault and battery
• Trespass to goods
• Consent
• Reasonable grounds for police searches
• Lawful exercise of police powers

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Symond v Dovera Homes Pty Ltd

Symond v Dovera Homes Pty Ltd [2025] NSWCATAP 19

Appeal Panel allowed the homeowners’ appeal after finding damages were calculated on the wrong completion stage. The award was varied to $328,878.44.

• Damages assessment
• Appeal procedure
• Calculation of damages
• Damages-assessment
• Appeal-procedure
• Building-and-construction

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APC v Mr B (No 2)

APC v Mr B (No 2) [2024] NSWSC 1608

The Court found APC proved historical child sexual abuse by Mr B. Her evidence was accepted, his conspiracy defence rejected, and damages were to be assessed.

• Historical child sexual abuse
• Damages assessment
• Credibility
• Aggravated and exemplary damages
• Freezing orders
• Suppression orders

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Deeming v Pesutto (No 3)

Deeming v Pesutto (No 3) [2024] FCA 1430

Defamation trial over publications about Moira Deeming and neo-Nazi associations. The Court found serious harm and rejected the pleaded defences.

• Serious harm element
• Imputations in defamation
• Truth and contextual truth
• Public interest defence
• Honest opinion defence
• Qualified privilege

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Ivory v Howard

Ivory v Howard [2024] FCA 1416

The Federal Court awarded Sheree Ivory $75,000 in defamation damages over Facebook posts by Susan Howard, plus interest, indemnity costs, removal orders and injunctions.

• Damages assessment
• Aggravated damages
• Online publications
• Permanent injunction
• Costs
• Defamation

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Innovative Builders and Engineers Pty Ltd v Shah

Innovative Builders and Engineers Pty Ltd v Shah [2024] NSWCATAP 253

Appeal allowed from an NCAT damages order in a residential building dispute. The Panel set aside findings against the director and remitted the matter for rehearing.

• Error of law
• Personal liability of company director
• Adequacy of reasons
• Scope of contractual works
• Damages assessment
• Ncat procedure

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