Supreme Court of New South Wales

Commissioner of Police v Amal Naser will be heard before the Hon. Justice Kirk from 2.00pm today. The proceedings will be livestreamed via the Supreme Court’s YouTube channel: https://lnkd.in/gsp9sGGi

The Hon. Justice Andrew Coleman was sworn-in as a judge of the Supreme Court this morning. Attorney General Michael Daley and immediate past president of the The Law Society of NSW, Cassandra Banks, congratulated his Honour on his appointment. You can view the ceremony on the Supreme Court’s YouTube channel: https://lnkd.in/gDAUw3fZ

Judgment Just In: Wild v Meduri [2024] NSWCA 230 The Court of Appeal has dismissed an appeal from a decision that a will made by the late Elisabetta Meduri in 2009 which was propounded by the respondents, Dominic and John Meduri, was valid. Each of Bell CJ, White JA and Kirk JA expressed views as to the NSW practice of setting out evidence of conversations in affidavits. Read the judgment here: https://lnkd.in/gsBtRKcK Summary: https://lnkd.in/g2PRB9XD

The Supreme Court of New South Wales will formally welcome District Court Judge Andrew Coleman SC to its Bench on Tuesday, 1 October 2024. The ceremony will be livestreamed via the Supreme Court’s YouTube channel: https://lnkd.in/gYZAj6t9

Latest CA decisions of interest bulletin includes: NSWCA on succession, equity, and negligence; VSCA on limitation of actions; SGHC on legal professional conduct; UKSC on contract termination. See: https://shorturl.at/jlAJ5

The Supreme Court Bicentennial Concert will be held on Friday, 1 November 2024 at 7.00pm in the Sydney Conservatorium of Music. The programme, curated by the conductor of the Sydney Lawyers Orchestra, Thomas Jones, interprets the 200-year history of the Court through the works of composers such as George Palmer, Giuseppe Verdi, Henry Tate and Ludwig Van Beethoven. They will be joined by guest soprano Ellen McNeil and the New South Wales Bar Choir. 

Judgment Just In: Zurich Australian Insurance Limited v CIMIC Group Limited & Ors [2024] NSWCA 229 In proceedings concerning various policies of insurance, the Court of Appeal has allowed Zurich’s appeal in part, allowed Berkley’s and Arch/Dual’s appeals, dismissed Chubb’s appeal, dismissed each of CIMIC’s cross-appeals and dismissed AIG’s cross-appeal against various aspects of the orders of the primary judge (including as to declaratory relief and equitable contribution). Without purporting to be comprehensive or exhaustive, the Court found that there was no error in the primary judge’s finding that the 2011 Insurers should succeed in their defence relying upon s 21 of the Insurance Contracts Act 1984 (Cth), that the primary judge did not err in finding that Leighton made an actionable misrepresentation and that cll 7.1 and 5.3 of the 2011 Primary Policy did not preclude the 2011 Insurers from reducing their liability under s 28(3) of the Insurance Contracts Act for misrepresentation. The Court held that the primary judge erred in ordering contribution from Berkley in respect of AIG’s liability for Investigation Costs. The Court held that the primary judge erred in making the 2010 Declaration, finding that in the particular circumstances, the Court lacked jurisdiction to do so and if (to the contrary) the Court had jurisdiction to grant some form of declaratory relief, the exercise of that discretion miscarried. Read the judgment here: https://lnkd.in/gFb7gwY6 Summary: https://lnkd.in/gW4dy9z8

Judgment just in: Transport for NSW v Hunt Leather Pty Ltd; Hunt Leather Pty Ltd v Transport for NSW [2024] NSWCA 227 The Court of Appeal has allowed an appeal from a decision of the Supreme Court of NSW which held Transport for NSW liable for private nuisance for the delayed construction of the Sydney Light Rail. The Court held that there was insufficient evidence to show that pre-construction investigations to identify underground utilities would have minimised the interference with enjoyment of neighbouring land. The Court also dismissed the cross-appeal, holding plaintiffs’ liability for litigation-funding fees to be too remote to be included in compensatory damages for nuisance. Read the judgment here: https://lnkd.in/gwRkw6CM Summary: https://lnkd.in/gu-N58bd

Liza Carver, a Commissioner at the ACCC, will present the 2024 Bathurst Lecture this evening at 5.30pm, 12 September 2024 in the Banco Court. Her topic will be ‘Modern centrality of the Competition and Consumer Act 2010 in the regulation of commercial conduct’. 

Latest CA decisions of interest bulletin includes: NSWCA on administrative law, contracts, proprietary estoppel; QCA on judicial review; NZCA on the employment status of Uber drivers; UKSC on commonhold and leasehold reform. See: https://shorturl.at/jlAJ5