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Contracts

Lobux Pty Ltd v Willshaun Pty Ltd

Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204

A Federal Court case about a custom-made tank sale, unfair contract terms, alleged repudiation, and failed damages claims after the buyer removed the tank before completion.

  • Unfair contract terms
  • Repudiation
  • Security interests
  • Loss of opportunity
  • Expert evidence admissibility
  • Unfair-contract-terms
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Civil procedure

Namoi Sustainable Energy Pty Limited v Buhren and anor.

Namoi Sustainable Energy Pty Limited v Buhren and anor. [2022] NSWSC 175

Leave to appeal was refused from a Local Court interlocutory ruling admitting expert evidence. The Court held there was no issue of principle and costs were disproportionate.

  • Leave to appeal
  • Interlocutory decision
  • Expert evidence admissibility
  • Proportionality of costs
  • Leave-to-appeal
  • Interlocutory-appeals
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Consumer law

Australian Competition and Consumer Commission v Homeopathy Plus! Australia Pty Limited

Australian Competition and Consumer Commission v Homeopathy Plus! Australia Pty Limited [2014] FCA 1412

The Federal Court held that website articles about whooping cough and homeopathy were misleading under the ACL, and that parts of the expert evidence were inadmissible.

  • Misleading or deceptive conduct
  • False or misleading representations
  • Trade or commerce
  • Evidence
  • Expert evidence admissibility
  • Misleading-or-deceptive-conduct
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Industrial law

Port Kembla Coal Terminal Limited v Construction, Forestry, Mining and Energy Union (New South Wales Branch)

Port Kembla Coal Terminal Limited v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2014] NSWIRComm 39

Full Bench allowed PKCT’s appeal, quashed Haylen J’s orders, and held the evidence did not support a finding that PKCT promised no employee would be worse off.

  • Unfair contract provisions
  • Superannuation entitlements
  • Industrial arbitration
  • Representation and bargaining strength
  • Expert evidence admissibility
  • Industrial-relations
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Civil procedure

Welker & Ors v Rinehart & Anor (No 6)

Welker & Ors v Rinehart & Anor (No 6) [2012] NSWSC 160

The New South Wales Supreme Court dismissed an application for a non-publication order, finding no adequate evidence that publication threatened the safety of Gina Rinehart or her family.

  • Non-publication orders
  • Suppression orders
  • Anshun estoppel
  • Expert evidence admissibility
  • Open justice
  • Non-publication-orders
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Administrative law

Chand v Azurra Pty Ltd (in liquidation)

Chand v Azurra Pty Ltd (in liquidation) [2011] NSWCA 227

The Court of Appeal dismissed judicial review proceedings challenging a tribunal decision on procedural fairness, damages for lost profit, and repudiation.

  • Procedural fairness
  • Judicial review
  • Tribunal procedures
  • Expert evidence admissibility
  • Repudiation of contract
  • Damages assessment
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Tort law

Pollard v Wilson

Pollard v Wilson [2010] NSWCA 68

The Court of Appeal dismissed an appeal about neighbour damage from tree works, rejecting claims of agency, vicarious liability, non-delegable duty and causation.

  • Negligence
  • Liability for acts of others
  • Agency
  • Vicarious liability
  • Non-delegable duty
  • Causation
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Practice and procedure

Cadbury Schweppes Pty Limited v Darrell Lea Chocolate Shops Pty Limited

Cadbury Schweppes Pty Limited v Darrell Lea Chocolate Shops Pty Limited [2009] FCAFC 8

Full Court considered whether the trial judge should have disqualified himself for apprehended bias after overturning an evidence ruling and remitting the case.

  • Apprehended bias
  • Judicial recusal
  • Expert evidence admissibility
  • Trade practices act s 52
  • Passing off
  • Opinion evidence under evidence act
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Evidence

Investmentsource v Knox Street Apartments

Investmentsource v Knox Street Apartments [2007] NSWSC 1128

The court held that opinion evidence in a business record could engage s69, but excluded Colliers’ valuation opinions for non-compliance with expert code requirements.

  • Business records
  • Opinion evidence
  • Expert evidence admissibility
  • Hearsay exception
  • Code of conduct (expert witnesses)
  • Evidence-act-1995
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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.