New South Wales Court of Appeal - Decisions of Interest Search



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11 to 20 of 3430:

  1. 03/02/2017
    Constitutional law: diversity jurisdiction

    Mr Burns complained to the Anti-Discrimination Board of NSW about statements made by Ms Corbett and Mr Gaynor, which he claimed were public acts which vilified homosexuals contrary to s 49ZT of the Anti-Discrimination Act 1977 (NSW). Both complaints were referred to NCAT. At all material times, Mr Burns was a resident of NSW, Ms Corbett was a resident of Victoria and Mr Gaynor was a resident of Queensland.

    The issue on the appeal was whether NCAT had jurisdiction to determine the complaint. This raised a question:

    • relating to the exercise of a diversity jurisdiction in State courts: see s 75(iv) of the Constitution; and
       
    • whether NCAT was a “court of a State”. 

    Held:

    • Section 39 of the Judiciary Act 1903 (Cth), by operation of s 109 of the Constitution, denies any State jurisdiction in State courts when determining a matter identified in ss 75 and 76 of the Constitution
       
    • Section 39 conditionally invests State courts with federal jurisdiction in respect of a matter identified in ss 75 and 76 of the Constitution. A State law that purports to authorise a tribunal, which is not a “court of a State”, to exercise such jurisdiction is inconsistent with s 39. The State law is inoperative to the extent of the inconsistency: s 109 Constitution.
       
    • In this case, as the claim was between parties of different states, the diversity jurisdiction was invoked. NCAT was not a court of a State and had no jurisdiction to determine matters between residents of different states.

    Burns v Corbett; Gaynor v Burns  [2017] NSWCA 3
  2. 23/12/2016
    Appeal: scope of supervisory jurisdiction of Supreme Court; whether jurisdiction restricted absent an express privative clause; whether jurisdiction limited to non-jurisdictional errors of law on face of record; inter-relationship of Supreme Court Act 1970 (NSW), s 69 and Building and Construction Industry Security of Payment Act 1999 (NSW)

    Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)  [2016] NSWCA 379
  3. 23/12/2016
    Appeal: precedent; application to reopen earlier judgment of Court; decision as to scope of supervisory jurisdiction; consideration of subsequent authorities; resolving uncertainty in reasoning

    Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)  [2016] NSWCA 379
  4. 23/12/2016
    Building and construction: adjudication of payment claim; review of adjudicator’s decision; whether review available for non-jurisdictional error of law on the face of the record

    Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2)  [2016] NSWCA 379
  5. 23/12/2016
    Appeal: stay of proceedings pending High Court special leave application; principles to be applied; equitable jurisdiction to intervene in relation to unconscionable bargains; partial stay granted

    Wu v Ling (No 3)  [2016] NSWCA 381
  6. 22/12/2016
    Costs: exclusion clause; construction; avoidance of consequences which are irrational and unjust; relevance of contra proferentem maxim; rule of last resort

    Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang  [2016] NSWCA 370
  7. 22/12/2016
    Costs: appeal from adverse costs orders; whether appeal as of right from failure to obtain third party costs order; whether conduct of former director attributable to insured for purposes of exclusion clause; Sanderson order; whether necessary to show conduct which induced or encouraged plaintiff to sue defendant

    Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang  [2016] NSWCA 370
  8. 22/12/2016
    Contract: contract of insurance; construction; complex and lengthy clause; regard to text, context and purpose; importance of grammatical structure; significance of punctuation; reading contract as a whole; regard to legislative context; whether proposed construction leaves other clauses with work to do

    Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang  [2016] NSWCA 370
  9. 22/12/2016
    Appeal: interlocutory decision; whether party can wait for final judgment and appeal as of right; consequences of one defendant seeking leave to appeal and another not; whether other defendant estopped

    Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang  [2016] NSWCA 370
  10. 22/12/2016
    Torts: negligence; liability of occupier; liability of landscape architect; patron injured as stepped into garden bed in Club car park; true depth of garden bed obscured by vegetation; primary judge found Club liable but architect not liable; both Club and architect liable for patron’s injury; no appellate interference with assessment of contributory negligence; statutory contribution between Club and architect 75% : 25%

    Harrington Estates (NSW) Pty Ltd t/as Harrington Grove Country Club v Turner  [2016] NSWCA 369