Judgments Archive

Archived Judgments

Many cases settle out of Court. However, there are occasions when matters run to fully contested hearings. In this section you can browse some examples of reported cases in which Eakin McCaffery Cox Lawyers acted for one or other party to the litigation:

WK Marble & Granite Pty Ltd v Elia [2014] NSWSC 898 (3 July 2014)
A successful defence of an occupier’s application to be joined to possession proceedings.

WK Marble & Granite Pty Ltd v JKE Holdings Pty Ltd [2013] NSWDC 308 (20 September 2013)
A successful claim pursuant to a guarantee under a loan agreement where defences of non est factum and section 7 of the Contracts Review Act were raised.

Perpetual Trustees Victoria Limited v Menzies [2012] NSWSC 1066 (10 September 2012)
A successful defence in Mortgage repossession proceedings in the NSW Supreme Court.

Teamcard and another v State of New South Wales [2011] NSWSC 1008 (5 September 2011)
A successful defence of a major tender process undertaken by the NSW Department of Education and Training which was challenged by a number of entities.

Palagiano v Mankarios [2011] NSWSC 61 (22 February 2011)
A will dispute in the NSW Supreme Court.

Simpson v Donnybrook Properties Pty Ltd [2010] NSWCA 229 (9 September 2010)
A Court of Appeal case in a matter that involved a range of issues including breach of contract, breach of fiduciary duty and questions of limitation and statutory interpretation.

Perpetual Trustees Victoria Limited v Ann-Marie Menzies ; Finance Express (Qld) Pty Limited (In liq) v Ann-Marie Menzies [2009] NSWSC 352 (5 May 2009)
The determination of a separate question in the Supreme Court in relation to the Mortgage repossession proceedings referred to above.