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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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Building and construction

SBRGroup Pty Ltd v Hosseini

The District Court held a payment claim was valid despite referring to a non-existent cost-plus contract, and entered judgment for the builder for $153,389.17.

  • Security of payment
  • Payment claim validity
  • Payment schedule not served
  • Contract termination
  • Cost-plus contract
  • Agency
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Contracts

Baxter v Willis (No 5)

The Court upheld a bookmaker’s debt claim for telephone betting losses, rejecting illegality and onus-of-proof arguments, and dismissing the defendant’s cross-claim.

  • Breach of contract
  • Debt recovery
  • Telephone betting
  • Illegality and enforceability
  • Onus of proof
  • Restitution
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Equity

Driver v Botanical Water Technologies Pty Ltd (No 2)

Driver v Botanical Water Technologies Pty Ltd (No 2) [2024] NSWSC 1641

The court fixed interest on equitable compensation from the date of judgment and ordered the fifth defendant to pay 90% of the plaintiffs’ costs.

  • Costs
  • Interest
  • Fiduciary duties
  • Equitable compensation
  • Equitable-compensation
  • Fiduciary-duties
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Taxation

Xin v Chief Commissioner of State Revenue

Xin v Chief Commissioner of State Revenue [2024] NSWCATAD 333

The Tribunal confirmed surcharge purchaser duty and penalty tax, but remitted interest for the period before it became impossible for the applicant to satisfy the residence requirement.

  • Surcharge purchaser duty
  • Principal place of residence exemption
  • Interest
  • Penalty tax
  • Remission of interest and penalty tax
  • Surcharge-purchaser-duty
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Civil procedure

Lambourne v Baker (No 5)

Lambourne v Baker (No 5) [2024] NSWCA 241

The Court of Appeal dismissed a review of payment-out orders in longstanding costs litigation, holding the stay was operative and the respondents’ costs entitlement supported set-off.

  • Costs
  • Stay of judgment
  • Set-off
  • Payment out of court
  • Enforcement of costs
  • Judgment debts
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Administrative law

Topcubasi v Chief Commissioner of State Revenue

Topcubasi v Chief Commissioner of State Revenue [2024] NSWCATAD 258

The Tribunal confirmed an assessment of surcharge purchaser duty, interest and penalty tax, rejecting claims for remission based on delay, fairness and alleged lack of notice.

  • Administrative review
  • Assessment
  • Objection
  • Surcharge purchaser duty
  • Tax default
  • Interest
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['corporations law' 'insolvency' 'debt recovery' 'civil procedure']

Steven Naidenov trading as in his capacity as Liquidator of Tyres for Less Pty Ltd (in liquidation) and Anor v Unique Motor Group Pty Ltd

Steven Naidenov trading as in his capacity as Liquidator of Tyres for Less Pty Ltd (in liquidation) and Anor v Unique Motor Group Pty Ltd [2024] NSWDC 406

The court held two vehicle transfers were voidable uncommercial and insolvent transactions, and also found an outstanding loan debt proved against the defendant.

  • ['winding up' 'voidable transactions' 'uncommercial transactions' 'insolvent transactions' 'proof of insolvency' 'relation-back period' 'outstanding loan debt' 'interest' 'costs']
  • Corporations-law
  • Winding-up
  • Voidable-transactions
  • Uncommercial-transactions
  • Insolvent-transactions
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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.