Cases and authorities

Practice & Procedure - Consumer, Trader & Tenancy Tribunal - whether order a self-executing order - power to extend time to avoid operation of such an order - error of law in failing to do so - Appeals - extension of time to appeal

FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS - principles for extension of time under Property (Relationships) Act 1984 - application for adjustment of property interests under section 20 Property (Relationships) Act 1984 - significance of agreement about assets split in application under Property (Relationships) Act 1984 - constructive trust upon termination of de facto relationship - TRUSTS - constructive trusts - arising on termination of de facto relationship - WORDS AND PHRASES - hardship

CORPORATIONS - civil penalty proceedings - whether Court may direct defendants to make objections to plaintiff's evidence before trial PRACTICE AND PROCEDURE - privilege against exposure to a penalty - whether privilege prevents Court from directing defendant to provide objections to plaintiff's evidence before trial

CRIMINAL LAW - Special Hearing - Murder - Limiting Term.

DAMAGES - Tort - Assault - False imprisonment - Psychological damage - How aggravated damages differ from ordinary compensatory damages - Exemplary damages - Need for more than ordinary human fallibility - EVIDENCE - Proof on balance of probabilities - Injury alleged to be caused while plaintiff in police custody - Mechanism of injury not established - Whether inference open that injury caused by negligence of police - TORT - Assault - False imprisonment - Injury an unintended and indirect consequence - Whether damages recoverable - Whether contributory negligence applicable - TORT - Assault - False imprisonment - Arrest by police - No explanation given to person arrested - Defence of necessity - Defence of opinion under Mental Health Act - MENTAL HEALTH - Confinement and restraint of mentally ill persons - Opinion of police officer that person mentally disurbed and has committed an offence - Arrest and detention - Whether explanation required

NEGLIGENCE - Reasonableness - Want of reasonable care.

Strike out paragraphs ASC - whether duty of care owed, investigations of misconduct by teacher - discovery

Decision revoking fishing endorsements - policy on licence splitting - Wednesbury unreasonableness - power of revocation - abuse of power.

WILLS PROBATE AND ADMINISTRATION construction of will

Corporations - Statutory demand - Application to set aside - Demand must be in evidence - Whether affidavit suporting the application may be sworn on information and belief - Minimum content requirements of such affidavit - Genuine dispute as to existence or amount of debt - Offsetting claim - Not raised in the affidavit supporting the application - Purpose of mandatory requirements of section 459G(3) of Corporations Act - Asserted offsetting claim is no more than a hypothetical future loss, not yet suffered - Genuineness of asserted offsetting claim.

TRUSTS AND ESTATES - beneficiary's right of access to trust documents - PRACTICE AND PROCEDURE COSTS - whether "one set of costs" rule applies when costs are sought against a party rather than out of the Estate

defamation - damages awarded - reduction of costs by reference to Part 52A Rule 33

Leave to appeal from an arbitrator - manifest error of law on the face of the award - strong evidence of error of law - substantial addition to the certainty of commercial law.

Criminal law - Sentencing - Guilty Plea - Utilitarian Value - Relevance of other factors - Strength of Crown Case - Armed Robbery - Whether sentence manifestly excessive

Information - offence of "negligent driving" - whether offence sufficiently described.

Criminal Law - appeal against severity of sentence - fraudulent misappropriation - where applicant pleaded guilty - where trial Judge said to have erred in calculation of amount misappropriated

TORT - negligence - footpath broken due to building works undertaken by owners of property directly behind relevant part of footpath - grass had grown over part of broken footpath - appellant tripped on part of footpath covered by grass - Whether duty of care owed by owners of property and local council - ND

EVIDENCE - Credibility - Word of one witness against another - challenge to judicial findings of fact - Adequacy of reasons.

defamation - defences to the statement of claim - application for subpoenae duces tecum to be set aside - oppression - costs

Damages for injuries sustained, disabilities and consequential losses allegedly occasioned to plaintiff whilst undergoing initial recruit training in the Army.

PROFESSIONS AND TRADES - Lawyers - Suit against clients for solicitor's and barristers' costs - No written costs agreement with solicitor - Solicitor instituted application for assessment of bills of costs - Barristers' costs agreements with client - Whether on proper construction of barristers' costs agreements fees to be rendered to solicitor - Whether term of solicitor's agreement with client that client should pay solicitor for barristers' fees - Discounted solicitor's and barristers' costs agreed during abortive settlement negotiations - Whether assessment of costs should be limited to discounted fees - Settlement achieved by replacement of solicitor on identical terms - Whether solicitor had lien over settlement moneys

Defamation - slander - refusal of SCR Pr 31 r 2 application in respect of "immmunity" defence under s583 Local Government Act 1919

COSTS - Equity Division - trespass to land - judgment for damages of small amount, after interlocutory injunction granted and dissolved - whether defendants should be ordered to pay plaintiffs' costs - special considerations

COSTS - Offer of compromise not bettered by verdict at trial - Offeror's prima facie right to costs after date of offer.

Assessment of damages - claim for care for possible future children.

Practice and Procedure - Part 72 reference - Application to adopt Referee's report - Application to set aside sections of the report - Principles applicable - Parties bound by conduct of litigation at trial or on reference - Contract - Formation of contract - Ongoing negotiations - Intention to contract - Masters v Cameron classes - Fourth Masters v Cameron class - Whether binding and enforceable subcontract formed between plaintiff and defendant - No formal signed agreement entered into by parties - Works partly completed when defendant claims repudiation of extant contract by plaintiff and purports to terminate such contract - Relevance of prior negotiation and subsequent contract - Objective determination of intention of parties - Admissibility of post contractual conduct - Whether parties arrived at consensus capable of forming a contract - Whether subsequent negotiations supports or mandates inference that parties did not intend to make concluded bargain - Restitution - Recovery on quantum meruit - Principles - Considerations to be taken into account in determination of amount which constitutes in the circumstances, fair and just compensation for benefit or 'enrichment' actually or constructively accepted - Remuneration - Whether calculated at a reasonable rate for work actually done or the fair market value of material supplied - Whether calculated as value to principal of works performed

Procedure - SCR Pt 20 r 4 - abandoned cause of action - injurious falsehood

PROFESSIONS [84]- Lawyers- Solicitor's negligence- Whether solicitor for purchaser where contract contains pre-emption clause liable if solicitor does not take pains to see client remembers restriction- Whether same solicitor acting on resale must remember clause- Whether solicitor should ensure client has copy of vital documents- How far Fair Trading Act 1987 relates to solicitors' negligence cases.

WILLS - construction - gift by testator of realty and personalty to A 'during his lifetime' and 'after his death' to the children of A - A currently has two children - whether a surrender by A of his interests would accelerate the vested interests of his children - whether acceleration of the vested interests would close the class so that children born after surrender cannot take

Appeal from Local Court - no error of law - misconception as to issues.

VENDOR AND PURCHASER - Agreement for option to purchase property - agreed prior to exchange of agreement that option be granted to purchaser 'or nominee' - agreement as exchanged omitted 'or nominee' - after exchange of agreement 'or nominee' added by agreement - whether addition of words by way of agreed variation or by way of rectification - provision in agreement for extension of six months in certain events - whether new agreement required for extension of term of existing option - whether option for purchase of residential property could be valid if exercised by nominee who did not sign the option agreement

Removal from District Court - construction of amendment provisions - application to proceedings commenced prior to amendments - other sufficient reason.

Family Provision. Application by blind daughter in respect of an estate where the only asset, a house, was held for her elderly brother for life and thereafter for the plaintiff and her siblings. Brother contributed more to the estate than the plaintiff. Claim dismissed.

Whether information given to the Parole Board was false, misleading or irrelevant

Criminal law - Appeal on conviction - Trial judge refused to make an order under s128(5) of Evidence Act requiring witness (the accused's accomplice) to give evidence on basis that his evidence was "inherently suspect" and charge against accomplice had not yet been dealt with - No knowledge by either party as to what the witness might say - Whether trial judge erred in applying the "inherently suspect" principle to the witness when considering whether the interests of justice required the witness to give evidence - Non-reportable - Non-distributable

NEGLIGENCE - liability - judgment below on issue of negligence liability only - separate proceedings for damages for personal injury ? Breach of duty of care - driving on incorrect side of the road ? Credibility of witnesses - inconsistent findings concerning skid-marks and competing experts' opinions. - EVIDENCE - whether evidence properly admitted - assessment of credibility questioned - challenge to judicial findings of fact on basis of reasoning and lack of consideration of evidence

Definition of "public place" - Crimes Act 1900 (NSW) ss. 8, 93G - Loaded firearms - Whether loaded firearm found in enclosed motor vehicle in a "public place".

Family Provision. Application by a widow who was granted a life estate in family home. Small estate. Plaintiff awarded whole of the estate. No matter of principle.

Practice - Pleading - Application to strike out amended statement of claim - Whether pleading discloses a cause of action against First Defendant - Cause of action pleaded in fraud against mortgagee - Actual knowledge of the fraud must be established - Whether Plaintiffs have an in personam claim against mortgagee - Cause of action pleaded in negligence can result only in an award of damages.

Appeal - procedural fairness - requirement to give reasons - sufficiency of reasons - reasons may be discerned by implication.

Appeal - admission of evidence - sufficiency of reasons - may be deduced by implication - the rule in Browne v Dunn and procedural fairness.

Appeal decision of LCM - purchase of second hand boat "Flight" that sank

Procedural fairness - case pleaded specific contract - case conducted on that basis - judge finds no contract as pleaded but finds for plaintiff on basis (either contractual or quasi-contractual) which was not pleaded and differed from way case conducted - whether denial of procedural fairness - ND

Practice and Procedure - Leave to appeal - Relevant principles - Practice and Procedure - Costs - Costs assessment - Review

Practice and Procedure - Appeals - Damages - Non-economic loss - Statutory Threshold - s 151G(2) Workers Compensation Act 1987 - Reasons for Decision. - Negligence - No recoverable damages due to statutory threshold - Verdict for defendant - Liability found - Costs - Whether costs should be awarded to plaintiff because liability found even though statutory threshold of damages not reached.

ATO garnishee order on bank account - invalidity of Constitution - invalidity of Income Tax Assessment Act 1936 (Cth) - notice of motion to strike out claim

Family Provision. Application by a former de facto partner. Plaintiff affected by alcohol for many years leading to the end of the relationship. Deceased still assisting plaintiff after conclusion of relationship. No factors warranting the making of the application.