Disputes, Claims & Litigation

Practice area

Disputes, Claims & Litigation

Articles, case notes and commentary from the Mullane & Lindsay team.

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Lower than expected service leads to compensation

The Applicants contracted the Respondents to arrange their wedding reception at a venue overlooking Sydney Harbour. At 4 PM on the big day a pipe burst causing a flood. The…
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Bankruptcy and the “slip rule”

Most of us understand that once a judgement in a Court case is entered, it is final (except for any appeal rights). One minor exception, commonly known as the ‘slip…
Disputes, Claims & Litigation
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Directors’ liability for legal costs

A cautionary tale for directors who might think they can hide behind a “corporate veil” and avoid personal exposure.  Parties to a complicated dispute settled the dispute and entered into…
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What Is the Value of a Lost Opportunity?

When is a ‘lost opportunity‘ really lost? And, when it is, what’s it worth?These were the questions considered by the NSW Court of Appeal in the recent decision Mal Owen Consulting…
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Issues with Expert Evidence

Many cases before the courts involve expert reports - such as medical evidence in personal injury cases; accounting evidence in loss of profit cases; and valuation evidence in property cases.…
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Can a retaining wall be a dividing fence?

Nham & anor v Hayes & anor [2018] NSWCATCD 17 NCAT looked at several issues in this Dividing Fences application, the most interesting one involved retaining walls. In short, the…
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Insurance Policies and Claims for Damages

Consider this scenario:  a self-employed carpenter earns $1,000 per week.  He has income protection insurance, mainly in case he suffers a work injury.  He is injured when, whilst visiting friends,…
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Compensation for Distressing Holidays (the Appeal)

Some time ago I published an article about the case of Moore v Scenic Tours which involved a disappointed consumer taking proceedings against a cruise boat operator for compensation when the company…
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Strategic Settlement Offers Must Be The Real Thing

Summary The court did not award a higher rate of costs to a defendant despite the outcome of the case being better than an early offer it had made. Background…
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Seeing the woods for the trees

On 28 December 2018 the Land and Environment Court of New South Wales decided the case of Hourigan v Howard [2018] NSWLEC 1686. The applicants claimed plants along the fence line obstructed…
Commercial, Business & Property
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Sliding Doors; the Impact of Section 5D(3)

On 17 June 2019, the Supreme Court of New South Wales handed down the decision of PPK Willoughby Pty Ltd v Baird [2019] NSWSC 705 about whether evidence should be excluded from the plaintiff’s…
Disputes, Claims & Litigation
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Obtaining a Stay of Judgement, pending Appeal

As most readers would know, many trial decisions can be appealed if the unsuccessful party believes the judge made an error. Less widely known is that lodging an appeal does…
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Should you provide an Indemnity?

Indemnity clauses are frequently included in contracts, whether they are simple contracts or complex commercial contracts.  However, simply because indemnity clauses are common, their importance should not be understated.  Indemnity…
Disputes, Claims & Litigation
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Expert Opinion Evidence in Damages Claims

The Supreme Court of NSW decision of Menz v Wagga Wagga Show Society Inc (No. 1) [2018] NSWSC1446 emphasised that the admissibility of expert opinion evidence depends on whether or not it falls…
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NCAT Nullifies Noisy Neighbour

In the recent decision of Terry v Drummond [2019], NCAT ordered that a noisy neighbour in a strata building needed to fit extra floor coverings and limit the use of power tools…
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Recording of Court Judgements on Personal Credit Files

There are a number of credit reporting agencies which provide fee based credit reporting services to consumers. The agencies including Equifax, CheckYourCredit and Experian Credit Report are services often used…

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