Legal Principles of an appeal in the nature of ‘rehearing’

An appeal is in nature a rehearing. A court may in certain circumstances receive fresh evidence on the hearing of such an appeal, but no application was made to lead fresh evidence in this appeal. The nature of such an appeal was examined by the High Court in Fox v Percy (2003) 214 CLR 118, where, […]

05, 15, 2014
Comments Off on Legal Principles Governing Unconscionability

By whiggs

Consumer Claims (TPA)

Legal Principles Governing Unconscionability

In the recent decision of Aboody v Ryan [2012] NSWCA 395 the Court of Appeal, comprising Bathurst CJ, Allsop P and Campbell JA, considered in some detail the governing general principles in respect of relief against unconscionable dealings. Allsop P (with whom Bathurst CJ and Campbell JA agreed) said (at [62]) that these principles were […]

05, 15, 2014
Comments Off on Why is Home Building insurance important?

By whiggs

Home Building Law

Why is Home Building insurance important?

The Home Building Act 1989 provides that a person must not do residential building work unless certain insurance is obtained to protect the owner (not the builder) against the risk of loss resulting from non-completion or the risk of being unable to recover compensation for a breach of a statutory warranty or have the contractor […]

05, 15, 2014
Comments Off on Legal Principles Governing Contempt of Court

By whiggs

Other

Legal Principles Governing Contempt of Court

The principles are fully set out in Commonwealth Bank of Australia v Salvato (No.4) [2013] NSWSC 321. Below is a summary of those principles. The first principle is that the charge of contempt must be proved beyond reasonable doubt: Witham v Holloway [1995] HCA 3; (1995) 183 CLR 525 at 529 per Brennan, Deane, Toohey […]