Cases and authorities

Criminal Law - procedure - pre-trial publication - application to adjourn trail and for temporary stay

Family provision and maintenance - claim by a de facto partner - dispute as to whether plaintiff was a de facto partner - appropriate provision was a life interest with particular attributes to prevent dissipation.

Family Provision. Claim by a defacto widow who had a relationship of 18 years. Estate left to deceased's sons of his first marriage. Legacy awarded. No matter of principle.

FAMILY LAW - child welfare - parens patriae jurisdiction of Supreme Court - proceedings in the Children's Court - interim contact order made by Children's Court - interference by Supreme Court where impermissible delegation of question of supervision of contact order - nature of relief

TORTS - trespass to land - by chattels remaining on land - mandatory injunction to require removal of chattels - MORTGAGES - mortgagee in possession of mortgaged property - chattels of persons other than mortgagor on property - title of mortgagee to bring action for trespass

CORPORATIONS - winding up - whether Supreme Court of New South Wales may make an order terminating winding up where the winding up order was made by the Supreme Court of Queensland

Legal practitioners - no question of principle.

No question of principle.

EQUITY - equitable estates and interests - proprietary estoppel - elements of - whether unconscionable for representors to resile from representation that plaintiff would have personal right to stay in house for life - EQUITY - equitable charges and liens - expenditure by plaintiff on house of defendant - whether equitable charge results

Family Provision. Claims by two daughters who received minimal legacies. Large provision made for a charity. Daughters' provision increased. No matter of principle.

Contract for sale of land - purchaser's failure to pay deposit and purchase price - contract rescinded - whether defendant contracted as principal or agent - whether plaintiff entitled to summary judgment for resulting loss.

Criminal Law - sentencing - maliciously inflict grievous bodily harm - discount for utilitarian value of plea of guilty

Criminal Law - Sentencing - robbery in company - 2 separate offences on separate occasions - taxi drivers robbed at night - voluntary disclosure of involvement - parity - totality - accumulation

Criminal Practice & Procedure - sentence appeal - plea of guilty - irrelevance of strength of Crown case to utilitarian value - error - whether Court should intervene - s6(3) - principle for intervention.

Criminal Law - Practice and Procedure - Application by Crown to amend indictment to add alternative count - Application granted by trial judge who ordered separate trials of the two counts - whether leave to amend indictment should have been granted - if so whether separate trials should have been ordered.

PROCEDURE - Supreme Court procedure - Equity Division Expedition List - need for Notice of Motion and supporting affidavit seeking expedition - requirements of affidavit seeking expedition - practical consideration affecting operation of Expedition List

PROCEDURE [95] - Supreme Court procedure - Practice under Supreme Court Rules - Pleadings - General - Striking out - Embarrassment - Pleading not calculated to produce clear definition of issues - Particulars located in a number of different documents.

ESTOPPEL - where interim and final arbitral awards delivered - issue estoppel - whether Commonwealth estopped from arguing that items of cost should not be taken into overhead concluded in interim award - res judicata - Anshun estoppel - relationship between res judicata and issue estoppel - whether Commonwealth estopped from raising a defence in later proceedings that could be expected to have been raised in arbitral proceedings - confession and avoidance - whether Commonwealth estopped in later proceedings from raising a defence by way of confession and avoidance that could have been, but was not, raised in arbitral proceedings

CORPORATIONS [176] - Voluntary administration - Jurisdiction and powers of Court - General power to make orders - Power to make such order as it thinks appropriate - Order to permit meetings to be held simultaneously to satisfy requirements of s 436E(1) and s 449C(4) - Order that meeting may be held earlier than during the five day period immediately after the convening period.

Family Provision Act - Long and happy marriage - Son who was denied by father - Small estate - Distribution after notice - Liability of executor - Wealthy widow - Well educated son - Paramount duty to wife - Special circumstances surrounding son.

PROCEDURE - costs - no question of principle

De facto relationships - statutory power to make orders adjusting property interests of the parties - Matters to be considered in making adjustments - Parties making different contributions to acquisition of assets - Pre and post-relationship contributions - Assessment of financial and non-financial contributions - Determination of parties' beneficial interests in property under resulting trust - Relevance of incidence of domestic violence.

FAMILY PROVISION AND MAINTENANCE - will previously rectified making no provision for applicant daughter - whether applicant should be granted an extension of time - no prejudice to defendant as assets not yet distributed - extension granted

CONTRACT - whether objective intention to contract - whether "last right of refusal" subject to contract - whether right void for uncertainty - agreement for lease - nature of deemed assignment on change in "beneficial control" of lessee

Family Provision. Application by three children in respect of an estate left to a carer, a friend and charities. Order for legacies. No matter of principle.

Negligence - repairer of leg callipers - judge found negligence in failure to follow up application for health service approval of repairs - not within case as pleaded or conducted - no duty to do so. ND

NEGLIGENCE - duty of care - jet ski hire - nature and extent of duty - 16 year old novice using jet ski - whether safety instructions given were adequate to discharge duty of care - contributory negligence - damage - calculation of future economic loss

CRIMINAL LAW - sentencing - matter referred to Court for review of sentences past following inquiry - abduction, aggravated sexual assault and breaking and entering - applicant stopped one of his co-offenders from attacking the complainant with a wheel brace - this matter not known to sentencing judge - whether if sentencing judge had known it would have affected her findings on contrition - whether any basis for parity argument

FAMILY LAW - adoption - non-citizen child - change of name - whether "special reasons" justifying change of name

EQUITY - equitable charge imposed by court - whether product of implied contract - whether affected by limitation period applicable to "quasi contract" - date from which interest should run on secured moneys

Agreement for sale of shares in family company - whether representations as to profits were fraudulently understated - whether plaintiff induced to sell shareholding at undervalue - whether claim for damages established

MOTOR VEHICLES: Suspension of driver's licence - whether right of appeal conferred by Road Transport (General) Regulation 1999 - jurisdiction of Local Court.

Criminal Law - Sentencing - prison riot - multiple offenders - different roles played by different offenders - maliciously inflict grievous bodily harm with intent - riot - head sentence and non-parole period - concurrent or cumulative sentences - parity - totality

BANKRUPTCY - Proceedings in Connection with Sequestration - Plaintiff declared bankrupt - Official Trustee indicates will not take part in trial - Whether an election to discontinue - Whether Official Trustee deemed to have abandoned action under the Bankruptcy Act 1966 (Cth), s 60(3) - Whether defendant on motion to dismiss action should have an order for costs out of the bankrupt estate - Whether defendant should have an order for costs of action and motion against plaintiff

Succession. Family provision. Claim by widow. Only significant asset is matrimonial home of Plaintiff and Deceased. Deceased by his will gave to Plaintiff one half share in net proceeds of sale of matrimonial home. Whether Plaintiff has been left without adequate provision for her proper maintenance. Need of Plaintiff for security and flexibility in her accommodation. Whether former matrimonial home is appropriate to Plaintiff's needs and circumstances. Competing claims of other beneficiaries, being the children of the Deceased.

Application for indemnity costs - Calderbank letter mid-hearing - rejection not unreasonable

claims for damages for personal injury - Police Service School of Traffic and Mobile Policing - VIP Driver Protection Programme - foreseeable risk of injury - measures available to prevent injury or minimise risk - whether harness seatbelts should have replaced standard lap-sash seatbelts - whether seats of vehicles provided should have been modified - causes of medical condition of each plaintiff - nature and extent of each plaintiff's medical condition and disability - contributory negligence - novus actus interveniens - calculation of damages

Practice and Procedure - Evidence - Waiver of legal professional privilege

PROCEDURE [437] - Discovery and interrogatories - Discovery and inspection of documents - Discovery of documents - List of documents - Form and contents - Description of documents - Adequacy.

Negligence - whether plaintiff's injury and disability caused by treatment given by defendant - whether defendant treated plaintiff in breach of required standard of care - whether plaintiff guilty of contributory negligence - whether defendant entitled to statutory defence.

PROCEDURE - costs - application by successful defendant for indemnity costs order against plaintiff and plaintiff's solicitor - LEGAL PRACTITIONERS - statutory duty in pursuing claim for damages - statutory liability for costs and analogous general law liability discussed - WORDS AND PHRASES - "damages" - "without reasonable prospects of success"

CRIMINAL LAW - sentencing - supply of prohibited drug - not less than the commercial quantity of cocaine - whether justifiable sense of grievance, given the penalties imposed on the co-offenders - whether the sentence imposed was manifestly excessive

CRIMINAL LAW - sentencing - supply of prohibited drug - not less than the commercial quantity of cocaine - whether disparity of sentence with that of co-offenders- credit for discrete period of pre-sentence custody