Joint endeavour trust

Mangala v Phabmixay [2026] NSWSC 1275 (16 October 2026) Pike J

Plaintiff executor v sister and brother-in-law registered proprietors of Green Valley realty, the estate asserting whole interest on constructive trust by proprietary estoppel by acquiescence, alternatively half “under the joint endeavour constructive trust doctrine”, the latter successful.

Pike J: “I proceed on the basis that contemporaneous records (to the extent they exist) are likely to provide the most reliable evidence of what occurred or, at the very least, provide a generally reliable reference point from which to assess the reliability of witness testimony: see ET-China.com International Holdings Limited v Cheung (2021) 150 ACSR 461; [2021] NSWCA 21 at [25]- [30] per Bell P (Bathurst CJ and Leeming JA agreeing). The inherent probabilities in the circumstances are also a strong guide,” [13].

Son’s estoppel

Charalambous v Charalambous [2026] NSWSC 1276 (16 October 2026) Pike J

“By that summons, the plaintiff, Kyriacos Charalambous (Kyriacos) seeks declaratory relief as to his ownership in two properties located in Randwick: 18 X Street (No 18) and 20 X Street (No 20). Relatedly, he also seeks orders pursuant to s 66G of the Conveyancing Act 1919 (NSW) for the appointment of trustees for sale of No 18 and No 20,” Pike J said [2].

In [4] “The first defendant, Alkiviades Charalambous (Alki) filed a cross-claim alleging that Kyriacos holds his 50% interest in No 18 on trust for Alki who already owns 50% of No 18 (having received that interest from his mother when she died). Alki is the youngest son of Kyriacos. Alki relies on a proprietary estoppel by encouragement or alternatively a proprietary estoppel by acquiescence,” his Honour said.

Resulting trust defeats provision

Reissis v Xafellis [2026] NSWSC 1262 (14 October 2026) Hammerschlag CJ in Eq

On cross claim, finding realty held on resulting trust for executors, thus without the estate in a family provision claim for a 25yo daughter of a 51yo testatrix whose will left superannuation $23,196 to the plaintiff and her 30yo sister, the residue, principally a Padstow apartment sold for about $900,000, funds in Court, to the executor grandparents.

“The Plaintiff is in straitened circumstances. She has a history of substance abuse and mental ill-health. She has three children, each one with a different partner. Her youngest child, a son, was born on 22 June this year. She is no longer in a relationship with that son’s father, who at one point was the subject of an apprehended domestic violence order. This is not the full extent of her travails,” Hammerschlag CJ in Eq said [3].

Peer opinions

Zvicer v Hunter New England Local Health District [2026] NSWSC 1241 (8 October 2026) Lonergan J

“This a medical negligence claim brought by the first plaintiff, Vesna Zvicer, against the Hunter New England Local Health District (HNELHD). In the plaintiffs’ further amended statement of claim filed 11 February 2021, Ms Zvicer claims that the failure to perform a fasciotomy on her left leg on 11 November 2020 caused or materially led to her requiring a below knee amputation on that leg. Where in this judgment I refer to the “left leg”, I am referring to that portion of her left limb which lies between the knee and foot. In this sense, it is to be distinguished from the left thigh,” Lonergan J said [1].

“Ms Zvicer claims that HNELHD is vicariously liable for the acts and/or omissions of its medical staff at the hospital [John Hunter], who she claims erroneously concluded that her left leg was dead on the morning of 11 November 2020. She says that had they not reached that conclusion, they would (or should) have performed a fasciotomy on her left leg. Had they done so, she says that she would not have required a below knee amputation,” her Honour said [3].

Arrest unreasonable

Corban v State of New South Wales [2026] NSWDC 363 (7 October 2026) Waugh SC DCJ

“The plaintiff, Ms Corban, sues the defendant, the State of New South Wales, for damages for false imprisonment, assault and battery as a result of what she alleges was her unlawful arrest by Constable Carey at Maroubra Police Station on the night of Wednesday 19 October 2022,” [1].

“The question of the lawfulness of Ms Corban’s arrest turns on the application to the facts of two provisions of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (“LEPRA”), being the power of police officers to arrest without warrant under section 99 and their obligation to provide the reason for arrest under section 202,” his Honour said [2].

Google will

The Estate of Wade [2026] NSWSC 1225 (6 October 2026) Meek J

Meek J, from [1] “Fictional and true accounts of loving care, and in particular care for the elderly, are powerful, nay vital, because they help us to reflect on what it means to be humane, and inspire us to compassionate action.

“Fiction may distil or accentuate aspects of care in ways not readily discernible from real life. Thus, famed American author, Jessamyn West, penned that “Fiction reveals truth that reality obscures”.

$83m discovered

Sultana v Sultana & Anor [2026] NSWSC 1224 (2 October 2026) Lindsay J

After September urgency commencement, interlocutory hearing over 5 days in September. Mother’s and father’s estates of more than $100m. One of the four children beneficiaries wanting probate revoked, and his two sisters removed as executors.

In [11], “At Anthony’s death, his estate was thought to consist of properties and cash worth $5,312,268. But additional assets of some $83,426,463.93 were discovered during the administration of his estate.”

Additional provision

Iacovazzi v Reid and Anor [2026] NSWSC 1235 (1 October 2026) Lindsay J

Family provision of $700,000 in addition to $500,000 will gift to 62yo son from the testator’s $25m estate, comprising realty company ($24m) and 6 strata units at Killarney Vale ($1.5m).

Lindsay J detailed a written statement of the testator [21].

$39,000 fixed costs

Zey v State of New South Wales [2026] NSWCA 208 (30 September 2026) Ward ACJ, Mitchelmore JA

Dismissing with gross sum costs orders unrepresented application for leave to appeal from Levy ADCJ.

The Court [46] “The principles relating to the making of a gross sum costs order are well settled. In Gabrielle v Abood (No 4) [2023] NSWCA 100 at [6], the Court summarised the applicable principles as follows:

PIAWE not stat max

Sonic Health Plus Pty Ltd (EML) v Wong [2026] NSWPICPD 49. Ms Kylie Nomchong SC, ADP. 18.09.2026.

“The respondent worker (Dr Wong) was employed as a medical practitioner with the appellant (Sonic Health Plus Pty Ltd) with her first day at work being 4 July 2023.”

“The respondent worker injured her head, nose, jaw, right ear, neck, right arm and hand, left shoulder and left lower leg when a wall unit fell on to her at work on 4 July 2023.”

Costs uplift

Nolan v State of New South Wales (Fire & Rescue NSW) & Ors [2026] NSWPIC 532. Mr Gaius Whiffin, Member. 11.09.2026.

At [3] “It is alleged by the applicant that the worker’s death resulted from a compensable injury sustained during the course of his employment with the State of New South Wales – Fire and Rescue NSW (the respondent), in accordance with s 4 of the Workers Compensation Act 1987 (the 1987 Act). The worker died from liver carcinoma, which resulted from a psychological injury contracted during the course of his employment with the respondent as a firefighter between 1987 and 2013,” Whiffin M said.

Then, in [8], “… the respondent agreed that it was liable to pay an amount of $929,200 pursuant to s 25(1)(a) of the 1987 Act; … the parties agreed to an order being made pursuant to s 109 of the 1998 Act – in relation to the applicant being entitled to interest of $15,997.51 if an award was made that she was the only person entitled to the amount of $929,200 pursuant to s 25(1)(a) of the 1987 Act, … the applicant requested a further order that the respondent pay her legal costs as agreed or assessed, and including a 15% complexity uplift, in accordance with Table 4, Item 4 to Schedule 6 of the Workers Compensation Regulation 2016 (the Regulation) - the respondent consented to that order being made and asked that any uplift granted be available to both parties.”

Exemplary damages

Camilleri v State of New South Wales [2026] NSWDC 329 (11 September 2026) Scotting DCJ

Trespass to land, false imprisonment, malicious prosecution. Table below follows judgment style.

“The State accepts that it is vicariously responsible for the actions of the police officers involved and is liable to pay damages, if the plaintiff can establish the elements of the torts he has alleged,” Scotting DCJ said [2].

Burned clerk

Lepan v TPG Telecom Limited [2026] NSWDC 328 (11 September 2026) Fitzsimmons SC DCJ

“On the afternoon of 22 November 2019, whilst working at the defendant’s Vodafone store in Campbelltown Macarthur Square (‘the Macarthur store’), the plaintiff interacted with a male customer who became hostile and verbally abusive towards him. Several hours later, the customer returned and confronted the plaintiff in a similarly hostile and abusive manner before producing a deodorant can and cigarette lighter. The deodorant can was sprayed and its contents ignited in the direction of the plaintiff’s head, creating a blowtorch and a fireball directed towards the plaintiff’s face. The plaintiff suffered superficial injuries to his arm and head as well as a significant psychiatric injury,” his Honour said [1].

Liability denied, past economic loss agreed, future economic loss in issue. Security expertise.

Worker deterred

Fulmen v Marshalls Sydney Pty Ltd [2026] NSWPIC 528. Ms Rachel Homan, Senior Member. 09.09.2026.

“The applicant did not dispute that he had indicated that he would not attend a further medical examination. The applicant submitted that after four assessments, he could not psychologically withstand another assessment. The applicant asked the Commission to liaise with his treating psychiatrist instead. The applicant said he wished to resolve the proceedings, not abandon them,” [47].

“As noted above, the Medical Appeal Panel’s Medical Assessment Certificate certified that the applicant had not achieved maximum medical improvement. While the more recent treating evidence, including the most recent report of Dr Rastogi, can be admitted as evidence that the applicant has now achieved maximum medical improvement and form the basis of a new referral to a Medical Assessor, it cannot determine the medical dispute between the parties. The legislation requires that the medical dispute as to the degree of permanent impairment be resolved by a Medical Assessor,” [71].

S 25 interest

McKenna v Incredible Transport NSW Pty Ltd [2026] NSWPIC 527. Burge, M. 08.09.2026.

“The parties agree interest is payable on the benefit sum [$955,950] from 3 October 2025 to 4 September 2026 and is agreed to total $52,739.63. I accept those calculations as accurate,” [14].

6%pa.

Assessment referral

Rashem v Big Fresh Group Pty Ltd atf Big Fresh Group Trust [2026] NSWPIC 522. Mr John Wynyard, Member. 03.09.2026.

On 14 May 2021, “Ms Rashem suffered a number of injuries when she tripped and fell in the course of her duty, all of which have been accepted except her claim for injury to the lumbar spine,” Mr Wynyard noted [2].

“This matter was heard in person on 5 August 2026. Ms Rashem was represented by Mr Ty Hickey of counsel instructed by Ms Catherine Le. The respondent was represented by Mr Adele Saleh who was instructed by Ms Samantha Torpey. Mr Paul Lleonart appeared for the insurer. An interpreter, Ms Norma Minnaway, was present as was Ms Rashem’s son, Samer Farhan,” [4].

Fusion allowed

Spooner v Woolworths Group Ltd [2026] NSWPIC 518. Mr Cameron Burge, Member. 01.09.2026.

After lifting incident four years ago, worker’s award for proposed lumbar laminectomy and fusion recommended by her treating neurosurgeon, Dr Huang, after hearing 31.08.2026.

“In his report dated 17 September 2025, Dr Huang diagnosed the applicant with an L5/S1 disc injury and spondylolisthesis. Dr Huang noted in this report that it had been a year since he had previously seen the applicant, during which time her symptoms had been worsening, including the onset of a limp. He noted the applicant was experiencing intermittent urinary incontinence and bilateral jolting in her lower limbs, especially when she is dozing off to sleep or changing positions when sleeping,” [25].

PFS survives

St George Christian School Limited v Ewels [2026] NSWPICPD 40. Phillips J. 31.08.2026.

The President, at [7] “Whilst the provisions of s 322A and s 329 of the 1998 Act sit uneasily with each other, namely the notion of a single assessment as against a subsequent reconsideration, I do not consider that this apparent conflict needs to be resolved in this decision. The respondent has received her single entitlement to a s 66 payment under the 1987 Act and is not indicating any desire to revisit that entitlement. Rather, the present purpose is twofold. It is firstly to ascertain if, after the recent and apparent deterioration in the respondent’s condition, her degree of permanent impairment is ascertainable. Secondly, to obtain the answer to the first purpose, it is necessary to have the original assessment reconsidered. Such evidence will be necessary to be available to the parties prior to any mediation in the Commission or contested hearing in the District Court. It is in the interests of justice that the respondent be permitted to have her recent health issues reviewed and their relationship (if any) to her cause of action be determined. In light of these matters, I decline to exercise my discretion to strike out the PFS.”

A: Ms A Holmes, solicitor, Gair Legal. R: Ms N Sarwar, solicitor, Law Partners.