Cases and authorities

DAMAGES – where defendant has been found to have committed historical child sexual abuse –– where defendant did not respond to damages claim – where plaintiffs’ calculations revised –– where claim for damages for future care has to be recalculated

CONSUMER LAW — misleading or deceptive conduct — whether builder misrepresented his experience in building luxury homes — represented this was his “passion” — whether representation made – whether representation misleading – “puffery” — principles at [16]-[18]. CONTRACTS — repudiation – principles at [99]-[101] – building ‘stalls’ for a year — owner indecisive about windows and doors quote — builder requests shop drawings for layout and joinery, which are not forthcoming – owner seeks legal advice but does not tell builder of complaints – no response to builder’s follow ups – builder advises intention to remove scaffolding – no reply – scaffolding removed. DAMAGES — rectification of defects – whether entitled to costs to complete works — mitigation – principles at [91]-[97] – overpayments of milestone payments – overcharged variations.

Immigration – Unlawful non-citizens – Where proceeding for declaration that departmental officer exceeded executive power of Commonwealth – Where departmental officer declined to refer to Minister request for exercise of power under s 195A of Migration Act 1958 (Cth) – Where s 198(6) of Migration Act imposed duty on officers to remove unlawful non-citizen as soon as reasonably practicable – Where proceeding did not challenge valid application of s 198(6) to unlawful non-citizen – Whether Federal Court could make interlocutory order restraining officers from removing unlawful non-citizen notwithstanding duty imposed by s 198(6) – Meaning of "reasonably practicable" – Relevance of Tait v The Queen [1962] HCA 57; (1962) 108 CLR 620. Words and phrases – "balance of convenience", "effective exercise of jurisdiction", "executive power", "incidental power", "integrity of court processes", "interlocutory injunction", "interpretative accommodation", "liberty to consider", "non-compellable power", "personal power", "preserve subject matter", "preserve utility of final relief", "prima facie case", "principle of legality", "procedural decision", "reasonably practicable", "remove unlawful non‑citizen", "statutory duty", "statutory power", "statutory process". Migration Act 1958 (Cth), ss 195A, 198(6).

CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders convening meeting of members to consider and, if thought fit, to agree to proposed scheme of arrangement – Whether requirements to order scheme meeting are satisfied

CRIME – Appeal and review – Application to Supreme Court for inquiry into conviction under Part 7 of the Crimes (Appeal and Review) Act 2001

COSTS – work accident – general rule that costs follow the event – whether some other order should be made – where costs are likely to be small or relatively insignificant – where a gross sum cost order is appropriate

BAIL – property offences – racist hate crime – role of s 21A(h) Crimes (Sentencing Procedure) Act 1999 (NSW)

COSTS – costs assessment – procedure – where plaintiff to pay defendants’ costs thrown away

CIVIL PROCEDURE — stay of proceedings — abuse of process — whether plaintiff misrepresented his psychiatric condition to the Court – stay application stood over to final hearing date – hearing of stay application to resume in the event the final hearing is vacated, stayed or aborted CIVIL PROCEDURE — hearing date fixed – no directions for filing in advance of hearing

CIVIL PROCEDURE — Obligations of parties and legal practitioners — Proportionality of costs — Six interlocutory applications listed for hearing relating to disclosure of documents, security for costs, preservation of documents and distribution orders — Unnecessarily large Court Book extending to over 2,500 pages with a further approximately 220 pages tendered at the hearing — Extraordinary amount of solicitor-client costs incurred by the parties in respect of the interlocutory applications estimated to total in the order of at least $872,000 CIVIL PROCEDURE — Obligation of parties and legal practitioners to facilitate the just, quick and cheap resolution of real issues in the proceedings — The volume of material and extent of costs should cause the parties and the practitioners to deeply reflect upon whether the overriding purpose has been achieved — The experience and capability of legal representatives eminently suits them to be able to deploy discipline and ingenuity in ensuring that only central issues in respect of interlocutory applications are identified, marginal issues and arguments discarded and only the key materials that are required for determination of such applications are included in the Court Book — Unless parties and their legal practitioners can sensibly reduce the volume of materials to be provided to the court and conduct interlocutory applications with appropriately proportionate costs, the Court may, on an appropriately informed basis, have to consider limiting the volume of materials to be relied upon in respect of such applications and consider cost capping orders CIVIL PROCEDURE — Disclosure of documents — Discussion of approach where certain production and disclosure of documents has already occurred by both parties — Where plaintiffs have served their evidence in chief including over 15,000 pages of documents, defendants seek further disclosure prior to serving their evidence in chief, plaintiffs assert Practice Note SC Eq 11 precludes disclosure without exceptional circumstances, plaintiffs failed to seek particulars of defences in respect of allegations of knowledge, authorisation and approval of transactions in respect of monies they claim have been misappropriated CIVIL PROCEDURE — Disclosure of documents — Purposive and flexible approach to the Court’s case management powers to regulate production of documents to ensure the overriding purposes of the CPA and UCPR to facilitate the just, quick and cheap resolution of the real issues in the proceedings in light of the volume of material served and the extent of costs incurred in the proceedings to date — During the course of the hearing the claim for disclosure was refined — Held certain disclosure should be provided in respect of revised categories of documents COSTS — Security for costs — Contrast between a current solvency test and requirement for payment if necessary by liquidation of assets at a future time — Generally, in security for costs applications, the question regarding payment of security is not a current solvency test requiring that the corporation have liquid funds available as at the time of the hearing of the application for security COSTS — Security for costs — Plaintiffs are all corporate entities with some being trustees of trusts and some no longer operational — Defendants claim security for costs — Plaintiffs have relatively minimal net business assets — Plaintiffs adduce expert evidence as to the fair market value of the businesses based on capitalisation of future maintainable earnings — Income stream as a source for future payment of costs — Proof of a calculated value of a future income stream per se neither gives rise to any clear inference that the entirety or a substantial part of such a value will be able to be realised promptly following findings on a final judgment nor demonstrates the ability of plaintiff companies to realise a large lump sum from the income stream in a timely way to pay any significant adverse costs order — Doubt regarding capacity to pay costs at future time — Security ordered — Quantum of security discussed and determined COSTS — Basis for assessing costs — Costs under the CPA are subject to rules of court and to the CPA or any other Act awarded on either the “ordinary basis” (as distinct from “party-party basis”) or on an “indemnity basis”

CRIME — appeal against sentence — whether error in applying discount for guilty pleas — whether error in failing to have regard to offender’s mental illness — whether additional evidence of historical sexual abuse should be admitted on appeal — no challenge to such evidence and its effect on offender’s later life — evidence admitted appeal allowed and offender resentenced

FREEZING ORDERS — where defendant allegedly in contempt for breach of freezing orders — where freezing orders limited legal expenses to $10,000 and defendant spent in excess of $130,000 —whether court can hear cross-claim by defendant — where defendant offers to pay $100,000 into court — suggestion refused and cross-claim dismissed

CIVIL PROCEDURE – interlocutory applications – ex parte – public interest immunity – where proposed defendant allegedly in possession of confidential material and material subject to public interest immunity – whether grant of interlocutory relief necessary to protect public interest from harm and prevent further dissemination of material – interlocutory relief granted

CHILD WELFARE – adoption – consent – dispense order – where birth mother initially opposed adoption application by the Secretary – where orders made for appointment of Guardian ad Litem for birth mother in the proceedings – where birth mother now indicates support for adoption and signed adoption plan – whether consent dispense order in best interests of the child CHILD WELFARE – adoption – consent – dispense order – where child’s father not recorded on birth certificate – whether child’s father cannot, after reasonable inquiry, be found or identified

SUCCESSION — Family provision — Deceased survived by both a partner who claimed to be eligible as a de facto spouse and a minor daughter from his first marriage which ended by divorce — Allegations of sexual assault made by the deceased’s daughter — Deceased charged with offences and was the subject of a criminal trial in which he denied the claims — Jury retired at the conclusion of evidence, were unable to return a verdict and overnight the deceased died by suicide — Deceased by his Will appointed his mother, the first defendant, as executrix and left the entirety of his estate to his daughter — Provision sought by the plaintiff essentially to cover accommodation and associated costs — Provision of $1.175 million made — The precise source of the funds to be discussed by the parties, and if not agreed, to be the subject of further submissions SUCCESSION — Family provision — Carriage order — Earlier interlocutory order made for joinder of daughter by her tutor as second defendant to the proceedings, reserving costs of the joinder and directing the daughter (by her tutor) to have the conduct of the defence of the proceedings to the intent that the executrix first defendant would play a submitting role — Issue regarding costs of first defendant — First defendant’s costs to be paid on the indemnity basis subject to leave to the other parties seeking to have the Court order otherwise SUCCESSION — Family provision — Sexual assault and abuse allegations — If there is a serious allegation of fact which is relevant to or materially bears upon a real issue in the proceedings, prima facie it ought to be determined (unless it is conceded or the parties are agreeable for the Court to proceed on a certain basis) — Submission based on Page v Page [2016] NSWSC 1218 and Bradley v Irvine; Irvine v Irvine [2024] NSWSC 727 that sexual assault allegations should not generally be determined in family provision proceedings rejected — Those decisions discussed and explained — Reliance by second defendant on those allegations in defending against the plaintiff’s claim for provision — Determination that a finding ought to be made regarding the sexual assault allegations — Held that sexual assault was not established on the balance of probabilities CIVIL PROCEDURE — Hearings — Suppression and non-publication orders — Prohibition on publication of any matter which identifies or is likely to lead to the identification of a complainant in prescribed sexual offence proceedings under s 578A Crimes Act 1900 (NSW) — Whether suppression order should be made on the basis that it is otherwise necessary to prevent prejudice to the proper administration of justice pursuant to s 8(1)(a) Court Suppression and Non-publication Orders Act 2010 (NSW) (CSNPO Act) — Held that a suppression order is necessary pursuant to s 8(1)(a) CSNPO Act such that the reasons for judgment should be restricted and proceedings suppressed generally including suppressing names of the parties

ADMINISTRATIVE LAW – decision of medical assessment review panel under Motor Accidents Compensation Act – whether panel complied with requirements of the Motor Accident Compensation Act and the Motor Accident Permanent Impairment Guidelines – where panel assessed employability rather than adaptation – procedural fairness – whether medical assessors failed to draw attention to a critical issue or factor on which the panel’s decision turned – practical injustice – whether panel failed to expose its actual path of reasoning – medical assessment certificate set aside – matter remitted to President of Personal Injury Commission

CRIME – sentencing – accessory after the fact to murder – obtain financial benefit by deception – plea of guilty to both principal offences - consideration of Form 1 offences SENTENCING – objective seriousness of offence – discussion of principles relevant to non-exculpatory duress – nature of threats made to offender – difference between subjective fear of harm and express or implied threat of harm – whether involvement in offence was affected by duress – weight to be given to non-exculpatory duress on sentence SENTENCING – subjective factors – assistance to authorities – whether assistance provided to police as of a high order – utilitarian value of guilty plea – lack of demonstrated remorse available on evidence

CIVIL PROCEDURE - Court of Appeal - Objections to competency of appeal – Appeal purportedly brought as of right from interlocutory decision – Appeal dismissed as incompetent

CONTRACT - construction and interpretation – where court asked to determine meaning of clauses of deed of settlement and forbearance under s 73 Civil Procedure Act 2005 (NSW) – no point of principle

CIVIL PROCEDURE – negligence proceedings – historical sex abuse – cross-claim by State for contribution or indemnity from former school teacher – objection by cross-defendant to entirety of witness statements – whether s 114 of the Evidence Act applies only to criminal proceedings – where evidence elicited from witness is contended to be ‘improperly obtained’ by police – whether s 135(a) of the Evidence Act applies

APPEALS — Leave to appeal — appeal from summary dismissal — where multiple prior proceedings brought on behalf of related parties — abuse of process — reflective loss — whether reflective loss applies to indirect but ultimate shareholders — whether distinct loss of applicants can be discerned — whether appeal demonstrates an issue of principle, question of public importance, or reasonably clear injustice

COSTS – judicial advice – beneficiaries and non-beneficiary joined – beneficiaries’ costs to be paid on indemnity basis – whether non-beneficiary’s costs should be paid on indemnity basis – whether non-beneficiary’s costs necessarily incurred for benefit of trust – consideration of Re Buckton [1907] 2 Ch 406

CRIME – appeals – appeal against conviction –miscarriage of justice – jury directions – tendency directions – content of tendency directions and standard of proof – potential for impermissible circular reasoning by jury – on summing up viewed as a whole jury not deflected from proper task – no miscarriage of justice CRIME – appeals – appeal against sentence– aggregate sentence – obligation to indicate sentences that would have been imposed if aggregate sentence not imposed – indicative sentences where s 5 Crimes (Sentencing Procedure) Act threshold may not be crossed for offences in isolation – no error in indicating sentences of imprisonment for those offences in the circumstances CRIME – appeals – appeal against sentence– sentencing considerations – interaction of non-parole period and life expectancy of offender – where trial judge considered life expectancy in determining non-parole period but did not apply a mechanical formula – no error

CRIME– appeals – appeal against conviction – directions to jury – tendency evidence – allegation that accused had sexual interest in complainant and tendency to act on it – whether directions were adequate – whether directions must have incorporated warning as to reliability of evidence sought to establish relevant tendency CRIME – appeals – appeal against conviction – directions to jury – tendency evidence – where tendency notice is expressed in the precise terms as the offending behaviour alleged by Crown – where jury directed to make findings in respect of charged conduct – whether jury were directed to consider the conduct ‘collectively to decide what conduct occurred’ to establish tendency – whether trial judge’s directions invited impermissible mode of reasoning – application of s 161A(3) of the Criminal Procedure Act 1986 – whether miscarriage of justice

CORPORATIONS – accounts – financial reports – where oppression suit settled on basis that first defendant purchase plaintiff’s shares in the second defendant for value – where plaintiff makes application under s 293 of Corporations Act 2001 (Cth) that second defendant prepare financial and directors’ reports

COSTS — Security for costs — Where plaintiff company is impecunious — Where quantum of security sought might stultify proceedings — Plaintiff to provide security for costs but quantum reduced

CIVIL LAW – Tort – intentional torts – child abuse – allegations of historic serious physical abuse LIMITATION OF ACTIONS – Personal injury – child abuse – whether serious physical abuse has been proven NEGLIGENCE – Vicarious liability – Employer and employee – whether employed under a contract of service NEGLIGENCE – Duty of care – Non-delegable duty – Scope of duty owed by a school authority – foreseeability of harm NEGLIGENCE – Damages – Personal injury damages – aggravated and exemplary damages EVIDENCE – Weight of evidence – lay witnesses’ evidence

CRIME — Sentencing — Federal offences — Corporate offender — Disseminating false or misleading information — Corporations Act

COSTS — party/party — application for indemnity costs — whether conduct of litigation by plaintiffs unreasonable or delinquent — Calderbank offer — whether unreasonable for unsuccessful party not to accept offer CIVIL PROCEDURE — time — where applicants seek variation to costs orders entered — where no notice of motion to vary the costs orders was filed within 14 days of orders being entered as required by r 36.16(3A) UCPR — where applicants notified both court and other parties of motion in writing within time — where applicants proceeded to file notice of motion out of time — whether appropriate for court to dispense with prescribing form of notice for motion

CRIME – sentence – murder – where offender intended to cause grievous bodily harm – where offending involved use of a weapon – where offending involved a grave risk of death to another person – where Bugmy factors – where reduced moral culpability – where special circumstances

CRIME – murder – special hearing – whether acts causing death were the acts of the accused – circumstantial case – accused’s acts caused the deaths of the two deceased – no point of principle MENTAL HEALTH – criminal proceedings –accused unfit to stand trial – defence of mental health impairment – whether accused had a mental health impairment at time of carrying out the acts – whether the mental health impairment had the effect that accused did not know the nature and quality of the act and that the act was wrong – requirements of s 28(1) and (2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) met – defence of mental health impairment made out CRIME – murder – defences – mental health impairment – where unanimous expert evidence established defence of mental health impairment available – verdict of act proven but not criminally responsible – no point of principle EVIDENCE – hearsay – exceptions – criminal proceedings – Evidence Act section 65(1) and (2)(c) – where maker of representations not available to give evidence – whether representation made in circumstances that make it highly probable that the representations reliable – not established that representations made in such circumstances – no objection to admission of representations for purpose of mental health impairment defence EVIDENCE – tendency and coincidence evidence – criminal proceedings – whether evidence has significant probative value – evidence established state of mind rather than tendency and thus did not have significant probative value in establishing the asserted tendency – evidence did not have significant probative value in establishing that improbable that the events occurred coincidentally – evidence rejected as tendency and coincidence evidence - no objection to admission of the evidence for purpose of mental health impairment defence and, in some cases, as to the accused’s state of mind

PARTNERSHIPS AND JOINT VENTURES – business importing car accessories from China for sale in Australia by online e-commerce stores – multilingual “cooperation” contract – whether a partnership, joint venture or agency – characteristics at [146]-[152] – relevance of post contractual conduct at [5]. CONSTRUCTIVE TRUST – partnership leases warehouse – partner buys warehouse but fails to disclose his ownership to fellow partners – whether warehouse is partnership property – partner’s duties at [167]-[173] – whether partner entitled to recompense for contribution to acquisition of warehouse – principles at [177]-[178].

BAIL – 15-year-old Aboriginal child – further offences committed whilst on bail – Bail Act 2013 (NSW), s 22C test – attempt to commit substantive offence is not a “relevant offence” as required by s 22C – unacceptable risk test – bail granted with conditions

COSTS — security for costs — relevant factors — where no evidence of financial capacity — where trust monies used to pay costs of earlier application — whether special circumstances required under s 1335 of the Corporations Act 2001 (Cth) CIVIL PROCEDURE — stay of proceedings — pending application for leave to appeal — where trust monies used to pay costs of earlier application — whether stay should be conditional on payment into Court of the amount of previous unpaid costs order

COURTS AND JUDGES — application for recusal — whether apprehended bias — where allegation of apprehended bias based on association — where allegation of apprehended bias arose from outcome of internal court administrative procedures — where complaint made to the Judicial Commission CIVIL PROCEDURE — summary disposal — dismissal of proceedings — where no reasonable cause of action disclosed — where proceedings are an abuse of process

TRUSTS – existence of trust – funds comingled with personal funds of trustee – intended beneficiaries were wife of settlor and other members of settlor’s family in need – whether payment to trustee’s son during life of settlor’s wife constituted distribution of corpus of trust – evidence of trustee’s intention – original trustee deceased and administrator of estate new trustee – burden of proof that trust existed TRUSTS – trustee replaced by court order – retiring trustee’s claims for indemnity for costs incurred in protecting comingled funds – relevance of trustee’s subjective belief that trust no longer existed – whether indemnity available where trust obtained material benefit from expenditure – whether apportionment of costs appropriate according to ratio of trust funds to the general estate under administration

CRIME – appeal against sentence – conviction for being accessory after the fact to murder – offender said to have acted out of “misguided sense of loyalty” to brother – lengthy criminal history – risk of institutionalisation – low objective gravity – manifest excess EVIDENCE – sentencing on basis of agreed facts – agreed facts in relation to sentencing of co-offender tendered on issue of parity – agreement in that case that brother shot victim not accepted as a fact – rules of evidence not applicable – no error in refusing to rely on facts agreed in other case except on parity

Criminal law – Appeals – Mental impairment – Where appellant is liable to supervision under supervision order – Where court conducted periodic review of custodial supervision order and released appellant on non-custodial supervision order – Whether court's review of custodial supervision order miscarried by reason of appellant's refusal to cooperate with medical experts – Standard of review on appeal from finding that court not satisfied that safety of appellant and of public will be seriously at risk if appellant released on non-custodial supervision order – Whether Court of Criminal Appeal erred by confirming custodial supervision order without addressing requirements of Criminal Code Act 1983 (NT), Sch I, Pt IIA, Divs 5 and 7. Words and phrases – "appeals against supervision orders", "custodial supervision order", "non-custodial supervision order", "not reasonably open", "periodic review", "standard of review", "supervision order". Criminal Code Act 1983 (NT), Sch I, ss 43Z, 43ZA, 43ZB, 43ZG, 43ZH, 43ZK, 43ZL, 43ZLA, 43ZM, 43

SUCCESSION — Family provision — Practice — Interim orders — Plaintiff permanently resident in Greece with no assets in or other connection to Australia — Application for funds to complete purchase of property in Greece — Potential unfairness to defendant warranting law reform where plaintiff’s status as an eligible person seriously in issue — No suitable mechanism to secure repayment if order revoked — Succession Act 2006 (NSW), ss 57, 62

CIVIL PROCEDURE — interim preservation — variation of freezing orders — application to increase the maximum amount the defendant may spend on reasonable legal expenses — where variation necessary to defend proceedings at hearing — where refusal would require defendant to self-represent at hearing from an overseas location — freezing order varied

BUILDING AND CONSTRUCTION – where sub-contractor served on principal debt certificates under the Contractors Debts Act 1997 (NSW) – where effect of service was to assign to the sub-contractor the obligation of the principal to pay money owed under a contract with contractor – where contractor obtained judgment against principal and garnishee order following successful adjudication determination under the Building and Construction Industry Security of Payments Act 1999 (NSW) – whether judgment should be stayed in view of statutory assignment of debts CIVIL PROCEDURE – whether judgment obtained following successful adjudication determination under the Building and Construction Industry Security of Payments Act 1999 (NSW) should be stayed in view of statutory assignment of debts under the Contractors Debts Act 1997 (NSW)

CRIMINAL LAW – Murder – trial by judge alone – verdict – where deceased was assaulted by accused and died from head injuries – where accused denies that he intended to inflict grievous bodily harm on the deceased – where accused admits he is guilty of manslaughter but not murder – assault witnessed by two persons – crime scene evidence – delayed post-mortem examination – where deceased suffered 71 injuries to his body – where motive for assault was to elicit information – relevance of acts of gratuitous cruelty to ultimate issue – whether reasonable possibility that the accused did not intend to inflict grievous bodily harm – accused guilty of murder

CIVIL PROCEDURE – application to set aside default judgment – where there is a bona fide defence on the merits – where there is delay – default judgment set aside

COSTS — Party/Party — Bases of quantification — Ordinary basis – Indemnity basis – costs assessment appeal – Dismissal – notice of motions –

CONTRACTS – contract for sale of land – specific performance – no question of principle EQUITY – Equitable remedies – specific performance – whether purchaser ready, willing and able to complete – defence of hardship – no question of principle

CORONERS – application to quash coronial inquest and order fresh inquest pursuant to s 85 of the Coroners Act 2009 (NSW) – whether in the interests of justice to quash coronial inquest – where the coronial inquest was held in 1935 – where Coroner found that the deceased died from bullet wound wilfully self-inflicted – whether insufficiency of inquiry – whether irregularity of coronial inquest – whether discovery of new evidence – where Coroner did not conduct post-mortem examination – where no ballistics or firearm examination conducted – whether presumption against suicide – whether a real possibility that Coroner’s finding as to the deceased’s cause and manner of death was erroneous – whether public interest in the cause of deceased’s death outweighs finality of coronial proceedings

CORPORATIONS – statutory derivative action – Corporations Act 2001 (Cth), s 237 – application to bring proceedings on behalf of company – where company is corporate trustee – leave sought by former director of company who is a discretionary object of trust – nature of good faith requirement – whether applies to application for leave and to the desire to bring the underlying proceedings – where impugned transaction occurred 11 years after applicant ceased to be a director and 19 years before applicant sought leave under s 237 – where unexplained delay APPEALS – nature of appeal – application for leave to bring statutory derivative action – standard of appellate review – correctness standard applies

CONTRACTS – Formation – Intention to create legal relations – “Fourth category” of Masters v Cameron (1954) 91 CLR 353; [1954] HCA 72 – Whether emails exchanged prior to formal loan agreement established an intention immediately to be bound CONTRACTS – Formation – Consideration – Past consideration – Where advance made nine days prior to execution of formal loan agreement – Whether loan agreement supported by consideration – Whether earlier advance constituted past consideration in respect of the formal loan agreement ESTOPPEL – Conventional estoppel – Where purported concession made in cross-examination – Where purported concession conflicted with contemporaneous documents – Whether purported concession provided a basis for a conventional estoppel claim

TAXES AND DUTIES — Dutiable transactions — Dutiable value — Land — landholder duty — whether interest in pipeline is “land holdings” or “goods” — meaning of “land holdings” in s 155 of the Duties Act 1997 (NSW) — meaning of “goods” in s 155 of the Duties Act — nature of interest conferred by the Water Industry Competition Act 2006 (NSW) TAXES AND DUTIES — Dutiable transactions — dutiable value — whether interest in pipeline is indeterminate thus non-dutiable

HIGH RISK OFFENDERS – extended supervision orders – appeal against Supreme Court’s refusal of application – whether offence against s 33A(1) of Crimes Act 1900 (NSW) is a “serious violence offence” defined in s 5A(1) of the Crimes (High Risk Offenders) Act 2006 (NSW) – elements of claimed index offence necessarily such as to satisfy the requirements of s 5A(1)(a), even though not expressed in that way STATUTORY INTERPRETATION – principle of legality inapplicable to ss 5A and 5B of Crimes (High Risk Offenders) Act 2006 (NSW) – in any event would not outweigh significance of text, context and purpose CRIMES – attempt – if person discharges firearm with intent to cause grievous bodily harm they have necessarily at least undertaken an act not merely preparatory towards commission of crime of engaging in conduct causing grievous bodily harm with intent to do so