Cases and authorities

CRIMINAL LAW AND PROCEDURE - DEEMED SUPPLY OF PROHIBITED DRUG - HELD BY APPELLANT AFTER RECEIVING FROM ONE PERSON FOR PURPOSE OF PASSING TO ANOTHER - DIRECTION THAT APPELLANT MAY BE IN POSSESSION OTHERWISE THAN FOR PURPOSES OF SUPPLY NOT REQUIRED IN THOSE CIRCUMSTANCES - DIRECTIONS AS TO KNOWLEDGE THAT COMMERCIAL QUANTITY OF DRUGS IN POSSESSION SUFFICIENT - CONVICTION SUSTAINED - SENTENCE - STANDARD NON PAROLE PERIOD AND TOTAL TERM IN ACCORDANCE WITH STATUTORY FORMULA IMPOSED - ERROR IN CALCULATING POSITION OF SUBJECT QUANTITY IN RANGE AMOUNTING TO COMMERCIAL QUANTITY - PRIOR RECORD TREATED AS AGGRAVATING FACTOR OF OFFENCE - OMISSION TO ASSESS FACTORS RELEVANT TO SERIOUSNESS OF OFFENCE - INADEQUATE ASSESSMENT OF OTHER EVIDENCE CAPABLE OF AFFECTING DETERMINATION OF WHETHER STANDARD NON PAROLE PERIOD SHOULD BE IMPOSED - RESENTENCE BY THIS COURT APPROPRIATE

CRIMINAL LAW - Appeal against sentence - Guilty plea - Whether sentencing judge erred by failing to take guilty plea into account - Remarks on sentencing did not explicitly refer to fact that guilty plea taken into account - Sentencing judge's long experience and structure and length of the sentence are sufficient in this case to indicate that guilty plea was given appropriate weight - CRIMINAL LAW - Appeal against sentence - Subjective circumstances - Psychological condition - Violent upbringing - Aboriginality - Drug addiction - Whether general deterrence should have less weight in sentencing - Whether Antisocial Personality Disorder justifies less weight to be given to general deterrence - Whether PolySubstance Dependence justifies less weight to be given to general deterrence - Relevance of DSM(IV) categorisation - CRIMINAL LAW - Appeal against sentence - Whether miscarriage of sentencing procedures - Sentences for distinct convictions ended at same time - One sentence reduced on appeal - Whether sentencing judge intended that release dates should coincide - Undesirability of no additional penalty for entirely unrelated offence - Whether Court should exercise discretion to intervene and reinstate sentencing judges original intention - CRIMINAL LAW - Whether sentence excessive - Offence of significant gravity - Offender's criminal history - No basis for finding offender unlikely to re-offend - Sentence not excessive

DAMAGES - non-economic loss - future economic loss - past and present domestic assistance - DISTRICT COURT - jurisdictional limit (D)

Courts and judges - Disqualification for bias - Reasons for decision

Appeal from decision on interlocutory application for summary dismissal - leave - effect of consent orders - meaning of "dismissed" - application of District Court Rules - purported assignment of chose in action and notice - cross-estoppel.

PROCEDURE - costs - application by registered proprietor for order removing caveat - other persons with interests in the land joined as second and third defendants - first defendant caveator agrees to withdraw caveat and pay plaintiff's costs - whether second and third defendants should also have order for costs

PROCEDURE - Action for damages in respect of personal injury - Application for removal of proceedings from District Court to Supreme Court - Meaning of "likely" in s.145(2) District Court Act 1973 - Order for removal made - Appropriate costs order where Defendant declined to consent to unlimited jurisdiction in the District Court

CORPORATIONS [180]- Administration-Convening period- Whether to be extended.

CORPORATIONS - winding up - application by contributory for order terminating winding up - sole director failed to co-operate with liquidator - sole director unable to distinguish company's interests from his own - liquidator lacking information upon which to form view of solvency - sole director's bald assertion of solvency - no external assessment of solvency - considerations of commercial morality preclude termination of winding up

Extension of limitation period - threshold requirements - viable cause of action - delay and explanation for delay - prejudice - manifestly hopeless application.

Practice and Procedure - Costs - Indemnity costs - Orders - Proper approach to taxation issues in terms of judgment sum to be entered

Issue estoppel - Claim under Workers Compensation Act 1987 followed by common law claim for damages for negligence - Admissibility of transcript of first proceedings - Whether same question decided so as to give rise to issue estoppel

PROCEDURE - costs - whether, on new evidence, possibility of different result of interlocutory application shown such as to affect outcome on costs - whether persons granted leave to be heard under rule 2.13 of Supreme Court (Corporations) Rules 1999 should be awarded costs - whether foreign corporation seeking interlocutory injunction but unable to show financial substance or instructions to give undertaking as to damages should be ordered to pay indemnity costs

Practice and Procedure - Separate question determination - Summary strike out

Strata Title - effect of Strata Management Statement under legislation - whether lessees from strata lot owners were bound - whether premises were used as "fast food outlet" contrary to the Statement - meaning of "fast food outlet" - meaning of "owner" - indefiniteness of word - construction from context - negative covenant extending to lessees - whether condition of development approval overrode Strata Management Statement - extent of injunctive relief where breach restrained was of a specific character and a general injunction might catch breaches of a quite different kind.

CRIMINAL LAW - SENTENCING - Culpable driving causing grievous bodily harm in circumstances of aggravation - Bad record of drink driving offences - Extent of discount for utilitarian value of plea of guilty

Criminal law - Sentencing - No issue of principle

PROCEDURE [99] - Supreme Court procedure - Practice under Supreme Court Rules - Admissions - Withdrawal - Absence of absolute right to withdraw - Discretionary considerations.

CROSS-CLAIM - alleged breach of fiduciary duty - whether there was a non-disclosure of a material fact by a fiduciary within principles of Brickenden v London Loan & Savings Co [1934] 3 DLR 465 - alleged breach of common law duty of care - solicitor retained by all parties for purpose of having an informal transfer agreement put into legal effect

Application for separate trial as to liability granted. - PRACTICE - action for personal injuries - separate trial as to liability - hardship of plaintiff and his mother - competing considerations - applicable principles.

SUCCESSION [217]- What property passes by will- Asset bequeathed actually owned in partnership- Effect. SUCCESSION [273]- Administration- Business debt charged on matrimonial home- Effect of Locke King's Act. SUCCESSION [314]- FPA- Four claimants (ex-wife, two sons, widow)- Modest estate- Widow's claim to be preferred.

Children's Court did have power to include in a good behaviour bond a condition that a child reside as directed by the Department of Community Services.

EVIDENCE - Privilege - Litigation Privilege - Where in-house solicitor commissioned expert report into accident soon after accident occurred - Claim for discovery of expert report - Whether report privileged - s119 Evidence Act 1995 - Pt 23 r 1(c) Supreme Court Rules - Whether prepared for dominant purpose of litigation - Time at which dominant purpose to be assessed - Where report had multiple purposes - Relevance of subjective intention of person commissioning report - Whether relevant dominant purpose is that of company or in-house solicitor - Whether dominant purpose different if external solicitor - WORDS & PHRASES - "dominant purpose"

PROCEDURE - costs - application for contempt - applicant succeeds on some issues but fails to prove one essential ingredient of charge - whether appropriate to apportion costs to reflect plaintiff's success on those issues - effect of defendant leading plaintiff to believe he would be calling evidence given by affidavit, then resiling from that stance - effect of plaintiff having available evidence which went to the element of the charge which it failed to make out, but which evidence was rejected in circumstances where its relevance to that element was not relied upon

Defamation - Publication - Publication by Plaintiff to Plaintiff's wife -whether natural and immediate consequence of original publication

Practice and Procedure - Interest on Costs

PRACTICE AND PROCEDURE - stay of proceedings - notice to show cause pursuant to s 34 of the Pawnbrokers and Second-hand Dealers Act 1996 ("the Act") - alleged breaches of the Act by plaintiff - criminal proceedings pending against an officer and an employee of the plaintiff for breaches of the Act - whether the Commissioner for Fair Trading should be restrained from acting on the notice to show cause until the criminal proceedings are finally determined - WORDS AND PHRASES - prosecuted

Practice and Procedure - Part 72 references - Contract - Construction

Contracts - Construction - Guarantee and Indemnity

Security for costs

[Privilege] - "Litigation privilege" (s 119 of the Evidence Act 1995) and "advice privilege" (s 118 of the Evidence Act 1995) claimed in respect of documents produced on subpoena - Whether documents produced for relevant "dominant purpose" - Claim that some documents covered by s 131(1)(b) of the Evidence Act 1995 - "attempt to negotiate" - Whether the auditor of the Bank was acting as the Bank's agent - Consideration of claim of implied agency in circumstances of auditor's responsibilities under Part 2M.4 of the Corporations Act 2001.

EMPLOYER AND EMPLOYEE - Statutory duty - Employer in breach of statutory duty by reason of conduct of employee - Nothing done or omitted by employer contributing to the breach - Whether employer liable in damages to that employee.

LOCAL GOVERNMENT - Town planning - Building control - Demountable office and shipping container placed on land - Whether temporary structures - Whether there was erection of buildings - Whether structures were for prohibited use - Order made for their removal and for costs in favour of the Council - Conflict in evidence concerning alleged refusal by Council to receive development application - Defendant discouraged from cross-examining Council witness - Whether denial of procedural fairness - Whether order for costs should be reviewed.

TORT- Employee/Independent contractor- Whether it could be said that the person who hired worker was an entrepreneur using so called independent contractors as virtual employees- Held "no".

EQUITY [340] - Equitable remedies - Injunctions - Interlocutory injunctions - Injunctions to preserve property pending determination of rights - Mareva injunctions - Other matters - Need to fund litigation.

CORPORATIONS [88]- Other interests- Tree plantation- Whether managed investment scheme. LANDLORD & TENANT [67]- Waste- Pine plantation- Whether occupier can fell pinus radiata. MORTGAGE [36]- Rights of mortgagor in possession- Pine plantation- Right to cut trees. REAL PROPERTY [314]- Partition or sale- Land held as to 500 1/500th undivided shares- Some mortgaged- Effect of order appointing trustees for sale.

CORPORATIONS - director's duties - recovery of moneys paid to director - whether moneys paid for proper purpose - whether moneys paid by way of gift - whether implied obligation to pay moneys exists - no question of principle

CONVEYANCING [187]- Caveat- Underlying facts as to whether interest in land exists obscure, but in camp of registered proprietor- Caveat extended for short period- Whether caveat lodged without due cause.

FAMILY LAW [132]- Paternity- DNA tests- When ordered. SUCCESSION [327]- FPA Act- Claim by alleged son- Issue as to paternity- DNA test ordered.

Proceedings for Judicial review - Victims Compensation Tribunal - refusal of claim for shock - error of law in rejection of material without giving adequate reasons - erroneous reasoning without supporting evidence - unauthorised limit placed upon type of material that could support the claim - determination quashed

CRIMINAL LAW AND PROCEDURE - SENTENCE - ATTEMPT TO STRANGLE WITH INTENT TO KILL - PLEA OF GUILTY - EVIDENCE OF INTENTION IN VOLUNTEERED ADMISSION BY OFFENDER - APPROPRIATE ALLOWANCES FOR MATTERS OF MITIGATION BY SENTENCING JUDGE -

CRIMINAL LAW - SENTENCING - Parity principle - Co-offenders sentenced for same period - Whether differing subjective features of the Applicant caused sentence to offend the parity principle

LIMITATION OF ACTIONS - Extension of time - Fair trial. ND