New South Wales Court of Appeal: April 2021
Reporting and analysis of the latest key judgments from the New South Wales Court of Appeal. By SIMON PHILIPS and VANESSA THOMAS
Liquidator’s remuneration: good news for insolvency professionals
The Full Bench of the NSW Court of Appeal provided clear guidance on how a Court must determine a liquidator’s remuneration under the Corporations Act….
Electronic signatures: convenient but risky
The NSW Court of Appeal has found that an individual whose electronic signature appeared on a guarantee did not authorise the use of his signature,…
Pavlovic v Universal Music Australia binding clients in contract
Lawyers generally have authority to negotiate the terms of an agreement on behalf of their clients, but not to bind their clients to the agreement….
Contractual construction ambiguity abandoned (again)?
At present, the weight of recent authority in the NSW Court of Appeal (and the Full Federal Court) suggests that ambiguity is not necessary before the court…
Do I suggest an informal will? The Howe v Fischer appeal
The recent Court of Appeal judgment in Howe v Fischer provides new clarification regarding the obligation to provide advice on the creation of an “informal will”. By…
Forged payment directions cut lenders (and their solicitors) as deep as a forced mortgage
The Court of Appeal has unanimously rejected a lender’s attempts to enforce its mortgage in circumstances where a faxed payment direction sent to the lender’s…
The 10 commandments of costs assessment and review
The Court of Appeal’s recent decision in Wende v Howarth has redefined the principles applicable to the assessment of party/party costs. By CHRISTOPHER BEVAN.
The High Court decides: when does a builder owe a subsequent owner a duty of care?
The High Court’s recent decision in Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor [2014] HCA 36 has curtailed the rights of apartment owners…
Two years of blameless pedestrian accidents
The decision of the NSW Court of Appeal in Axiak v Ingram [2012] NSWCA 311, effectively created a no fault scheme for pedestrians involved in motor vehicle…