Selected reported cases
NSW Court of Appeal
Hanna v Raoul [2018] NSWCA 2018
- Successful claim by tutor on behalf of elderly person suffering dementia to set aside a deed of arrangement and memorandum of transfer on grounds that the transaction was unconscionable and also unjust within the meaning of the Contracts Review Act 1980 (NSW).
Australian Youth & Health Foundation v Perpetual Trustee Company Ltd [2017] NSWCA 127
- Construction of charitable trust in a will; limits of judicial advice; duties of trustees and beneficiaries
Mhanna v Daoud [2014] NSWCA 376
- Effect of dismissal for non-compliance with District Court orders; extent of District Court jurisdiction under ASIC Act
Stephen Wayne Velik v Noreen Steingold [2013] NSWCA 303
- Repudiation of contract; what constitutes breach of an essential term; validity of a notice to complete
JB (Northbridge) Pty Ltd v St George Bank Ltd [2010] NSWCA 249
- Landlord and tenant, construction of lease, whether lessee disentitled from exercising option to renew; impact of winding up on exercise of option to renew
Sydney Ferries v Morton [2010] NSWCA 156
- Administrative Law - procedural fairness - Wednesbury unreasonableness - state government employee wrongfully dismissed on 22 April 2004
Full Federal Court
- Administrative law - content of statutory obligation to give information
Toben v Jones - (2003) 199 ALR 1; [2003] FCAFC 137
- Section 18C Racial Discrimination Act 1975 (Cth) - whether constitutionally valid - test cases concerning Holocaust denial as racial vilification
Federal Court
Lumley General Insurance Limited (ABN 24 000 036 279) v AON Risk Services Australia Limited (ACN 000 434 720) [2005] FCA 631, and AON Risk Services Australia Limited v Lumley General Insurance Limited (with Corrigendum 9 March 2005) [2005] FCA 133
- Inception of commercial insurance under a bordereau
Software Engineers Australia (NSW) Pty Ltd v Bonket Pty Ltd [2002] FCA 1168
- Stay where simultaneous proceedings before Federal Court of Australia and Industrial Relations Commission of New South Wales in Court Session
Supreme Court of NSW
Ikonomou v Panagopoulos [2017] NSWSC 1805
- Successful defence of family provision claim by widower.
The Owners - Strata Plan No 69140 v Drewe [2017] NSWSC 845
- Appeal from NSW Civil and Administrative Tribunal about reasonableness test in relation to resolutions and bylaws concerning alterations to common property
GMC Healthcare Pty Limited v Shao [2016] NSWSC 741
- Landlord and tenant, construction of an unusual form of lease, implied terms
Kazacos v Shuangling International Development Pty Ltd [2015] NSWSC 835 (26 June 2015)
- Injunction in the nature of a freezing order
Jobson v The Owners Strata Plan No. 66870 [2015] NSWSC 776 (18 June 2015)
- Complex dispute involving a marina, strata title, a crown lease and a local environmental plan
Ckuj v Attorney-General (NSW) [2015] NSWSC 35
- Administrative scheme for a charitable trust
Franks v Consumer, Trader and Tenancy Tribunal [2013] NSWSC 341
- Appeal from Consumer, Trader and Tenancy Tribunal concerning the powers of a tribunal to make orders in relation to alleged criminal activity
Sir Moses Montefiore Jewish Home & Ors v Perpetual Company Limited & Anor [2012] NSWSC 210
- Wills; right of vested beneficiaries to access the capital of closed trust (rule in Thistlethwayte's case)
Sheldon v Scerri [2008] NSWSC 892
- Trusts - relationship of accountant and client - payment for professional services in kind
Morton v The Transport Appeal Board and Anor (No1) [2007] NSWSC 1454
- Tribunal not properly constituted; Wednesbury unreasonableness
District Court of NSW
The Owners - Strata Plan 21702 v Krimbogiannis [2013] NSWDC 72
- Appeal from Consumer, Trader and Tenancy Tribunal concerning construction of Crimes (Appeal and Review) Act 2001 and of the Strata Schemes Management Act 1996; decision overturned on appeal (but different representation)
NSW Industrial Relations Commission
Bowker & Anor v Software Engineers Australia (NSW) Pty Limited & Ors [2004] NSWIRComm 104
- Power under former section 106 of the Industrial Relations Act 1996 (NSW) to vary unfair contract to deal expressly with disparagement of employee during and after employment found - case for relief made out on merits - variation to employment contract ordered - money orders in relation to consulting work, overtime, commission - power to make money orders in relation to disparagement found
Metrocall Inc v Electronic Tracking Systems Pty Limited (No. 2) [2000] NSWIRComm 260; Metrocall Inc v Electronic Tracking Systems Pty Ltd [2000] NSWIRComm 136
- Complex dispute involving interaction of International Arbitration Act 1974 (Cth) and former s106 of the Industrial Relations Act 1996
NSW Civil and Administrative Tribunal
Diaspora Holdings Pty Ltd v The Owners - Strata Plan No. 68606 [2018] NSWCAT
- Successful application by respondent owners corporation to Tribunal to have proceedings dismissed as incompetent because applicant company did not have a validly appointed director. Section 201F(3) of the Corporations Act 2001 applied. Costs ordered against solicitors acting without valid retainer in strata proceedings.
Davis v Owners Corporation SP 63429 [2018] NSWCATCD 27
- By-law shifting burden of repairs onto lot owners and by-law permitting charging other than in proportion to unit entitlements both invalidated. Consideration of Strata Schemes Management Act 2015, sections 82, 83, 87, 142, 143, 150, 160 and 232.
Owners Corporation SP65564 v Community Association DP270215 [Jacksons Landing] [2018] NSWCATCD 29
- Large multi-strata community association in Pyrmont, NSW. By-laws and general meeting resolutions invalidated. Tribunal rejects imposition of an estate management contract over subsidiary body property including common property, and rejects attempt to charge contributions other than on the basis of unit entitlements.
Krimbogiannis v Fallshaw (Investments) Pty Ltd [2016] NSWCATCD 49
- Recovery of costs in other proceedings as damages for misrepresentation in respect of a retail lease