Australia Case Law

Ahmed v Phase Projects Pty Ltd

The Appeal Panel dismissed Farah Ahmed’s appeal and refused leave, upholding the Tribunal’s refusal of a refund, most damages claims, and CAD/copyright relief.

• Breach of preliminary agreement
• Leave to appeal
• Weight of evidence
• Causation and quantum
• Fair and equitable orders
• Cad files and copyright licence

Read case analysis

Doyle’s Farm Produce Pty Ltd atf Claredale Family Trust v Murray-Darling Basin Authority

The Supreme Court of New South Wales dismissed a representative negligence claim against the Murray-Darling Basin Authority over river operations and water allocation losses.

• Negligence
• Duty of care
• Pure economic loss
• Choice of law
• Causation
• Quantum

Read case analysis

The Owners – Strata Plan 99960 v SPS Building Contractors Pty Ltd (No 2)

The Owners – Strata Plan 99960 v SPS Building Contractors Pty Ltd (No 2) [2024] NSWSC 1119

The NSW Supreme Court quantified damages for townhouse defect rectification at $8,681,457.11 and ordered the builder to pay the Owners Corporation’s costs.

• ['damages' 'rectification works' 'costs' 'quantification of loss']
• Building-defects
• Rectification-costs
• Damages
• Quantum
• Construction-law

Read case analysis

GOWAY Travel Pty Limited v Critchley (No 2)

GOWAY Travel Pty Limited v Critchley (No 2) [2024] NSWSC 810

The Court made special costs orders after a late amendment, upheld quantum of $264,572.07, and held the travel claim was not severable for costs.

• Costs
• Party/party costs
• Late amendment
• Severability of claims
• Jurisdiction
• Calderbank offers

Read case analysis

Ohanse Pty Ltd v Heartwest Services Pty Ltd (In the matter of Ohanse Pty Ltd)

Ohanse Pty Ltd v Heartwest Services Pty Ltd (In the matter of Ohanse Pty Ltd) [2022] FCA 1204

The Federal Court ordered discovery of financial records, invoices and referral data relevant to Ohanse Pty Ltd’s claimed lost-income case, and ordered the applicant to pay costs.

• ['discovery' 'compensation for lost income' 'quantum of damages' 'relevance of financial documentation']
• Discovery
• Practice-and-procedure
• Quantum
• Lost-income
• Corporations

Read case analysis

Rauland Australia Pty Ltd v Law (No 3)

Rauland Australia Pty Ltd v Law (No 3) [2021] FCA 898

The Court refused disclosure of highly confidential affidavit material to a competitor’s employee, but ordered production of approved management accounts under confidentiality undertakings.

• ['confidentiality undertakings' "disclosure of confidential evidence to competitor's employee" 'forensic accounting expert evidence' 'management accounts' 'discovery and production for quantum evidence']
• Confidential-information
• Expert-evidence
• Practice-and-procedure
• Discovery
• Quantum

Read case analysis

Chalker v Reardon

Chalker v Reardon [2020] NSWCATAP 187

Appeal allowed in a residential tenancy dispute over water charges. The Appeal Panel set aside the first instance order and remitted quantum for redetermination.

• ['water usage charges' 'refund of payments' 'quantum' 'adequacy of reasons' 'remittal' 'restitution']
• Residential-tenancies
• Water-charges
• Appeals
• Quantum
• Adequate-reasons

Read case analysis

Lotus Constructions Pty Ltd v. Staunton

Lotus Constructions Pty Ltd v. Staunton [2015] NSWCATAP 154

The Appeal Panel found procedural unfairness in a home building dispute, allowed the appeal in part, set aside the Tribunal’s order, and remitted quantum for rehearing.

• ['procedural fairness' 'tribunal procedure' 'home building disputes' 'expert evidence']
• Procedural-fairness
• Expert-evidence
• Home-building-disputes
• Tribunal-appeals
• Quantum

Read case analysis

Redwin v Norris

Redwin v Norris [2015] NSWSC 787

Interlocutory procedural ruling granting a separate trial of quantum after liability, in a negligence claim arising from an alleged motorcycle collision with cattle.

• ['interlocutory issues' 'separate determination of quantum' 'negligence' 'duty of care' "occupier's liability"]
• Interlocutory-application
• Separate-trial
• Quantum
• Negligence
• Occupiers-liability

Read case analysis

ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 3)

ShoreForm (Qld) Pty Ltd v Millennium Coal Pty Ltd (No 3) [2014] FCA 684

The Federal Court partly allowed ShoreForm to read limited paragraphs of a late affidavit, but refused leave for the remainder because it was late, lengthy and prejudicial.

• ['leave to read affidavit' 'late evidence' 'case management' 'prejudice' 'quantum evidence']
• Civil-procedure
• Evidence
• Late-evidence
• Case-management
• Affidavit-evidence

Read case analysis