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HomeCases

Real Australian Case Law

Every search returns plain-English summaries grounded in published judgments — never invented precedent.

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86 cases linked to Wotton + Kearney · sorted by most recent
Firm:Wotton + Kearney
  • CIVIL PROCEDUREProceedings brought by persons under legal incapacitySettlement of proceedingsCourt Approval

    Court Approves Settlement for Family After Tragic Restaurant Incident

    2020-10-19 Hon. Justice WRIGHT

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

Wotton + Kearney
Civil Procedure Act 2005 (NSW)
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  • PRACTICE AND PROCEDURESubpoena objectionLegitimate forensic purposeWoolworths Ltd v Svajcer [2013] VSCA 270 cited, whether subpoena a fishing expedition

    Court Victory for Abuse Survivor as Church's Subpoena Objections Overruled

    2020-09-28
    Wotton + Kearney
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  • CONTRACTSRemediesDamagesPlaintiff had established liability of Defendants for breach of contract, misleading and deceptive conduct and unconscionable conduct in respect of a transaction by which the Plaintiff lent approximately $6M to a borrower who defaulted. Plaintiff had led evidence in support of a claim for loss of use of the money lent in addition to the loss of the capital. The Court had held that the Plaintiff could recover the lost profit on a commercial real estate in which the Plaintiff’s evidence was that it would have invested but could not recover both that lost real estate profit and interest pursuant to s 100 of the CPA: see [2020] NSWSC 1146. Plaintiff sought to obtain a judgment based on s 100 interest and the loss of capital rather than the loss of the real estate profit and loss of capital. The Defendants contended that the Plaintiff could not obtain interest pursuant to s 100. The interest pursuant to s 100 claimed was significantly higher than the loss of real estate profit

    Court Rules on $6M Breach of Contract: Plaintiff's Damages Slashed Amid Complex Liability Debate

    2020-08-26 Hon. Justice REIN

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Procedure Act 2005 (NSW)
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  • TORTdefamationplaintiff brings two actions for defamation against the same defendantsdefendants’ application for the hearings to be heard together

    Legal Face-off: Defamation Battle Heats Up as Court Sides with Defendants to Join Cases

    2020-07-30 Hon. Justice GIBSON

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Procedure Act 2005 (NSW) ss 56-62
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  • PRACTICE AND PROCEDURESubpoena objectionReasonable costs of compliance and costs of objectionCosts of legal advice

    Court Battle Over Subpoenas: Catholic Diocese Faces Costs Claims in Historic Abuse Case

    2020-07-13
    Wotton + KearneyCorrs Chambers Westgarth
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  • CONTRACTSBreach of contractConsequences of breachthe Plaintiff entered into contract to loan $6M to the borrower (“YIC”) for the purchase of a commercial property, a loan which was arranged through the Defendants

    In the Dock: High-Stakes Loan Deal Goes Awry as Court Rulings Reveal Misleading Conduct and Breach of Duty

    2020-07-09 Hon. Justice REIN

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Liability Act 2002 (NSW)
    Read case brief
  • TORTdefamationapplication for dismissal of proceedings as an abuse of process on the basis that leave to proceed under s 23 of the Defamation Act 2005 (NSW) was not soughtalternative application that such leave, if sought, should be refused

    Court Upholds Defamation Claim: Leave Dismissal Marks Key Victory for Plaintiff in Ongoing Legal Battle

    2020-06-10 Hon. Justice GIBSON

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Procedure Act 2005 (NSW), ss 56 – 64
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  • PRACTICE AND PROCEDURESettlement approvalPersonal injuryWhere the plaintiff was injured in a go kart accident

    Court Approves Settlement in Devastating Go Kart Accident: Plaintiff Receives Justice After Life-Altering Injuries

    2020-05-27 Hon. Justice HARRISON

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Liability Act 2002 (NSW), ss 5F, 5L
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  • TORTSProfessional negligencevaluersduty of care

    Court Rules on Deadline for Valuers: Mortgage Lenders Lose Claim over Negligent Valuation

    2020-04-29 Hon. Justice BELL P

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Liability Act 2002 (NSW) s 35(1)
    Read case brief
  • CIVIL PROCEDUREOriginating processAmendmentNegligence

    Fatal Tree Fall Case: Court Grants Veolia Leave to Amend Claim Against RMS in Tragic Wollongong Incident

    2020-03-29 Hon. Justice N ADAMS

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Liability Act 2002 (NSW), s 5B, s 5C, s 42, s 43A,
    Read case brief
  • CORPORATIONSleave to sue Court appointed liquidatorprinciples at [81][89]

    Court Denies Aardwolf’s Bid for Damages Against Liquidators in Trademark Battle

    2020-03-25 Hon. Justice REES

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Australian Consumer Law, ss 2, 18, 236
    Read case brief
  • CIVIL PROCEDUREpleadingsleave to amend commercial list response to plead proportionate liability defencewhether delay adequately explained

    Court Rules Against Gamcorp: Plaintiffs Prevail in Dispute Over Faulty Building Designs

    2020-03-19 Hon. Justice HENRY

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Civil Liability Act 2002 (NSW)
    Read case brief
  • INSPECTION OF PROPERTYwhere plaintiff alleges she slipped on floor of shopping centrewhether plaintiff entitled to inspect premises where she fell and was injuredwhether issue of the condition of the floor and whether it was slippery are sufficiently raised on the pleadings as to entitle the plaintiff to the inspection order that she seeks

    Slippery Business: Court Grants Inspection of Westfield Hurstville After Shopping Centre Injury Claims

    2020-02-24 Hon. Justice HARRISON

    The text discusses the option for a discovering party to serve affidavits outlining the steps taken in relation to specific issues identified during the discovery process. If these affidavits are not provided, the other party will be allowed to cross-examine the individuals who provided the original affidavits during discovery.

    Wotton + Kearney
    Uniform Civil Procedure Rules 2005
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  • COMPANY LAWDirectors’ dutiesWhether Chairman breached duties as director by failing to alert executive directors as to concerns about documentation for public offer in advance of board meetingLack of information from company management

    Court Rules Against United Petroleum Chairman: No Breach of Duty in Aborted IPO

    2004-09-02 Hon. Justice WHELAN
    Norton Rose FulbrightWotton + Kearney
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