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Australia Case Law

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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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Land law

JEA Holdings (Aust) Pty Ltd t/as Miller Shopping Centre v Registrar-General of New South Wales; Registrar-General of New South Wales v JEA Holdings (Aust) Pty Ltd t/as Miller Shopping Centre

JEA Holdings (Aust) Pty Ltd t/as Miller Shopping Centre v Registrar-General of New South Wales; Registrar-General of New South Wales v JEA Holdings (Aust) Pty Ltd t/as Miller Shopping Centre [2024] NSWCA 255

The Court of Appeal held that a registered easement created by transfer fell within cl 1.9A of the Liverpool LEP and did not produce compensable diminution in value.

  • Torrens title
  • Exceptions to indefeasibility
  • Omitted easements
  • Compensation for omission
  • Diminution in value
  • Environmental planning instruments
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Contract law

Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor

Roluke Pty Ltd & Anor v Lamaro Consultants Pty Ltd & Anor [2008] NSWCA 323

The Court of Appeal allowed the appeal in part, correcting the damages assessment for defective engineering design of concrete slabs in a motor vehicle service building.

  • Measure of damages for breach of contract
  • Defective design by engineer
  • Duties and skill of structural engineers
  • Assessment of damages
  • Diminution in value
  • Measure-of-damages
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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.