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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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Civil procedure

Meredith v State of New South Wales (No.4)

Meredith v State of New South Wales (No.4) [2025] NSWSC 13

The Supreme Court of NSW struck out one vague particular in a representative pleadings dispute, but otherwise allowed exemplary damages allegations to stand.

  • Pleadings
  • Amendment of pleadings
  • Striking out pleadings
  • Exemplary damages
  • Representative proceedings
  • Striking-out-pleadings
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Corporations law

In the matter of 1derful Pty Limited (No 2)

In the matter of 1derful Pty Limited (No 2) [2024] NSWSC 1670

Consequential orders were made after a corporations/equity judgment, including setting aside a business sale agreement, returning the business, damages, exemplary damages against Fletch, and costs.

  • Breach of fiduciary duty
  • Statutory unconscionability
  • Knowing assistance
  • Conspiracy
  • Compensatory damages
  • Exemplary damages
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Torts

State of New South Wales v JR; State of New South Wales v Dickens; State of New South Wales v Jensen

State of New South Wales v JR; State of New South Wales v Dickens; State of New South Wales v Jensen [2024] NSWCA 308

The Court of Appeal partly allowed the State's appeals, rejected bias and fairness claims, set aside malicious prosecution and misfeasance findings, and reduced false imprisonment damages.

  • False imprisonment
  • Malicious prosecution
  • Misfeasance in public office
  • Apprehended bias
  • Procedural fairness
  • Damages
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Tort law

The Game Meats Company of Australia v Farm Transparency International Ltd

The Game Meats Company of Australia v Farm Transparency International Ltd [2024] FCA 1455

The Federal Court held that repeated trespasses by animal-rights activists justified $130,000 in damages, but refused injunctions and other equitable relief.

  • Trespass
  • Injurious falsehood
  • Damages
  • Misleading or deceptive conduct (acl s 18)
  • Exemplary damages
  • Copyright
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Torts

Prisk v Danslow

Prisk v Danslow [2024] NSWDC 535

Default judgment damages were assessed after an unprovoked assault and battery. The court awarded compensatory, aggravated and exemplary damages of $401,264.45.

  • Intentional torts
  • Assault
  • Battery
  • Damages
  • Aggravated damages
  • Exemplary damages
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Corporations

Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 10)

Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 10) [2023] FCA 1656

Beach J adopted special referees’ report and quantified damages, interest, exemplary damages, nominal copyright damages, and equitable relief for Directed Electronics.

  • Damages
  • Copyright
  • Exemplary damages
  • Compensatory damages
  • Constructive trust
  • Subrogation
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Tort law

Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 3)

Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 3) [2023] NSWSC 274

The Court found several defendants trespassed by dumping material on vacant land, rejected claims of consent or implied licence, and awarded damages against some defendants.

  • Trespass to land
  • Compensatory damages
  • Exemplary damages
  • Consent and implied licence
  • Causation and loss
  • Protection of the environment operations act (nsw)
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Torts

MCCABE v RIECHELMANN

MCCABE v RIECHELMANN [2023] NSWDC 44

NSW District Court judgment on alleged assault and battery in a neighbour dispute. The plaintiff succeeded, and the defendant’s cross-claim was dismissed.

  • Battery
  • Assault
  • Trespass to goods
  • Self-defence
  • Standard of proof
  • Aggravated 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.