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Australia Case Law

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Administrative law

Dabit v Secretary, Department of Customer Service

The Appeal Panel refused leave and dismissed an appeal against refusal of a contractor licence, holding the appellant’s dishonesty convictions triggered statutory disqualification.

  • Appeal from tribunal decision
  • Contractor licence refusal
  • Dishonesty convictions
  • Disqualification from holding licence
  • Discretion to ignore offence
  • Leave to appeal
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Administrative law

Efremov v NSW Health Administration Corporation

The Appeal Panel allowed the appeal, finding procedural unfairness in the admission of late evidence and error in the treatment of demonstrable importance under the GIPA Act.

  • Procedural fairness
  • Unreasonable and substantial diversion of resources
  • Related access applications
  • Leave to appeal
  • Discretionary error
  • Demonstrable importance of information to applicant
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Costs assessment

DLaw Pty Ltd v Croft Developments Pty Ltd

The Court of Appeal refused leave to appeal in a costs-assessment dispute, holding the proposed challenge was too late, premature, and potentially without utility.

  • Leave to appeal
  • Judicial review
  • Amendment of costs assessment application
  • Utility of relief
  • Fragmentation of proceedings
  • Interim bills
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Contract

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
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Administrative law

Boscolo v New South Wales Land and Housing Corporation

The Court refused leave to appeal, dismissed the summons, and ordered costs. It rejected discrimination and retaliatory eviction arguments and admitted photographs under s 55A.

  • Leave to appeal
  • Question of law
  • Social housing tenancy termination
  • Hoarding clause
  • Retaliatory eviction
  • Admission of photographs
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Building and construction law

Pearsall v Baxco Homes Pty Ltd t/as Baxco Homes

Auf die Berufung der Hauseigentümer gegen die Entscheidung zur Baufehler- und Zertifikatsfrage wurde keine Leave gewährt; die Berufung wurde abgewiesen.

  • Procedural fairness
  • Self-represented litigants
  • Leave to appeal
  • Weight of evidence
  • Fresh evidence
  • Statutory warranties
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Appeals

Talevski v Perpetual Corporate Trust Limited

The Court of Appeal refused to restrain sale of three mortgaged properties pending a leave application, finding only a limited arguable case and balance of convenience favouring Perpetual.

  • Interlocutory injunction
  • Default judgment
  • Setting aside default judgment
  • Mortgage possession and sale
  • Contracts review act 1980 (nsw)
  • Balance of convenience
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Consumer law

Spajic v Carline Automotive Pty Ltd

Appeal Panel refused leave and dismissed an appeal over motor vehicle repair services, rejecting challenges to reasons and consumer guarantee findings.

  • Consumer guarantees
  • Supply of services
  • Due care and skill
  • Fitness for purpose
  • Reasonable time for supply
  • Adequacy of reasons
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Civil procedure

WS v Secretary, Department of Communities and Justice

The Court of Appeal refused leave to appeal from summary dismissal of WS’s parens patriae summons, holding the proceedings were an abuse of process and vexatious.

  • Leave to appeal
  • Summary dismissal
  • Abuse of process
  • Parens patriae jurisdiction
  • Care and protection proceedings
  • Leave-to-appeal
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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.