New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Courts and judges


   

  1. 22/09/2016
    Courts and judges: duty to make findings; when necessary to make contingent findings on non-decisive points; plaintiff failed at first instance on causation; no findings made on breach or damages; disposition of appeal hampered
     

    Gulic v Boral Transport Ltd  [2016] NSWCA 269
  2. 04/08/2016
    Courts and judges: jurisdiction; trustee in bankruptcy lodged caveat based on interest arising under Bankruptcy Act 1966 (Cth) s 58; proceedings against trustee in bankruptcy claiming caveat lodged and maintained without reasonable cause dismissed; whether appeal lay to Court of Appeal; whether prohibition on instituting and determining appeal other than in a federal court in s 7(5) of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) applied; whether appeal involved a matter for determination arising under the Bankruptcy Act; appeal dismissed.
    Boensch v Pascoe  [2016] NSWCA 191
  3. 15/06/2016
    Courts and judges: apprehended bias; application for disqualification of judge; application based on association with decision-maker who was a former member of the Court.
    Waterhouse v Independent Commission Against Corruption (No 3)  [2016] NSWCA 134
  4. 15/06/2016
    Courts and judges: apprehended and actual bias; application that all judges of Supreme Court of New South Wales recuse themselves; association with colleagues who had acted in litigation in which claimant unsuccessful; whether a fair-minded observer might think that such an association might preclude judicial impartiality; allegation that audio recording of court proceedings tampered with to remove judicial statements indicating bias; whether words allegedly deleted create a reasonable apprehension of bias; whether alleged deletion gives rise to an apprehension of bias.
    Waterhouse v Independent Commission Against Corruption (No 2)  [2016] NSWCA 133
  5. 26/02/2016
    Courts and judges: Supreme Court Act 1970 (NSW), s 69; order sought to set aside order of magistrate in Children’s Court committing applicant for trial; order sought to set aside judgment or order of the District Court refusing stay of proceedings; whether Court of Appeal has jurisdiction to grant orders sought; effect of Supreme Court Act 1970 (NSW) s 17(1) and Third Schedule; whether proceedings fell into category of exclusion provided by cl (a1) and (a2) of Third Schedule; Supreme Court Act 1970 (NSW), s 48; proceedings under s 69 concerning orders of a specified tribunal; whether Children’s Court a specified tribunal under s 48(1); Supreme Court Act 1970 (NSW), s 46(2)(b); jurisdiction of single judge of Court of Appeal to set aside judgment or order of District Court refusing stay of proceedings.
    JW v District Court of New South Wales  [2016] NSWCA 22
  6. 23/12/2015
    Courts and judges: principles relating to departure from prior authority.
    Nightingale v Blacktown City Council  [2015] NSWCA 423
  7. 22/12/2015
    Courts and judges: powers of District Court on appeal to determine question of law.
    Wende v Horwath (No 2)  [2015] NSWCA 416
  8. 16/12/2015
    Courts and judges: District Court; whether restitutionary claim within jurisdiction; District Court Act 1973 (NSW), s 44(1)(a)
    Mega-top Cargo Pty Ltd v Moneytech Services Pty Ltd  [2015] NSWCA 402
  9. 19/10/2015
    Courts and judges: jurisdiction; supervisory jurisdiction of superior courts; whether supervisory jurisdiction impliedly excluded by specific right of appeal; Local Government Act 1993 (NSW), ss 574, 674; Land and Environment Court Act 1979 (NSW), s 20
    Community Housing Limited v Clarence Valley Council  [2015] NSWCA 327
  10. 30/09/2015
    Courts and judges: bias; apprehended bias; application for disqualification of judge
    Waterhouse v Independent Commission Against Corruption (No 2)  [2015] NSWCA 305