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Practice and procedure

VE Property Pty Ltd v Sydney Water Corporation

VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17

The Federal Court stayed a misleading conduct claim pending related valuation proceedings, then ordered cross-vesting so both matters could be heard together.

  • Stay of proceedings
  • Cross-vesting
  • Bifurcation
  • Misleading or deceptive conduct
  • Unconscionable conduct
  • Quantum of damages
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Home building

Chahrouk v Bardouh

Chahrouk v Bardouh [2024] NSWCATAP 181

The Appeal Panel refused leave to appeal and dismissed the appeal in a Home Building Act dispute, holding that no clear injustice or appealable error was shown.

  • Statutory warranties
  • Major defects
  • Appeals
  • Leave to appeal
  • Owner-builder rights
  • Quantum of damages
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Residential tenancy

Snounou v TMR Investments Group Pty Ltd

Snounou v TMR Investments Group Pty Ltd [2023] NSWCATAP 289

The Appeal Panel refused leave to appeal and dismissed a tenancy appeal about end-of-tenancy charges, holding the Tribunal could rely on a quotation without contrary evidence.

  • Admissibility of evidence
  • Quantum of damages
  • Compensation for landlord
  • Break fee
  • Obligations at end of tenancy
  • Residential-tenancy
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Motor vehicle law

Formosa v Callas

Formosa v Callas [2020] NSWDC 470

The District Court found the defendant liable for a Canterbury motor vehicle collision and awarded the plaintiff $175,983.25 in damages.

  • Motor accidents compensation
  • Negligence
  • Liability in motor accidents
  • Quantum of damages
  • Contributory negligence
  • Assessment of economic loss
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Civil procedure

Petrie v Ingogo Ltd

Petrie v Ingogo Ltd [2020] NSWDC 291

The court ordered discovery of most disputed categories in an employment claim, refused category 31, and awarded the plaintiff his motion costs.

  • Discovery
  • Costs in interlocutory applications
  • Employment dismissal
  • Quantum of damages
  • Interlocutory-costs
  • Employment-dismissal
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Tort

Thornton v State of New South Wales (No 4)

Thornton v State of New South Wales (No 4) [2016] NSWDC 198

The District Court held police complied with LEPRA identification and arrest requirements, found the force used was reasonable in a resisting arrest, and dismissed the plaintiff’s claims.

  • Trespass to person
  • Assault
  • Battery
  • Wrongful arrest
  • Quantum of damages
  • Wrongful-arrest
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Home building

Staunton v Lotus Construction Pty Ltd

Staunton v Lotus Construction Pty Ltd [2016] NSWCATCD 64

The Tribunal held that sale of a defective home did not bar damages for unfinished building rectification. It ordered payment of $20,930.80, but stayed enforcement pending restitution.

  • Damages for defective building work
  • Effect of sale of premises
  • Quantum of damages
  • Stay of money order pending restitution
  • Home-building
  • Damages
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Civil law

Pallier v Solomons (No 1)

Pallier v Solomons (No 1) [2014] NSWSC 1214

The Supreme Court of New South Wales approved a compromise of damages under s 76 for a seriously injured young plaintiff after finding it beneficial to his interests.

  • Approval of agreed damages
  • Legal incapacity
  • Car accident
  • Quantum of damages
  • Settlement
  • Court-approval-of-settlement
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Tort law

Pollard v Wilson

Pollard v Wilson [2010] NSWCA 68

The Court of Appeal dismissed an appeal about neighbour damage from tree works, rejecting claims of agency, vicarious liability, non-delegable duty and causation.

  • Negligence
  • Liability for acts of others
  • Agency
  • Vicarious liability
  • Non-delegable duty
  • Causation
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Tort law

Kenneth Wallace v Amaca Pty Limited

Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 4

Mesothelioma damages assessment in which the tribunal awarded general damages and limited gratuitous care, but rejected out-of-pocket expenses and a s 15B claim.

  • Quantum of damages
  • Mesothelioma
  • Dust diseases
  • General damages
  • Gratuitous care
  • Loss of capacity to provide domestic services
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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.