Cases and authorities

CORPORATIONS - winding up - statutory demand - application to set aside demand on basis of defect in demand and accompanying affidavit - omission of express references to debt being "due and payable" - unconditional requirement for immediate payment nevertheless shown by copy invoices annexed to accompanying affidavit - defect not such as to require setting aside of demand

EQUITY - Equitable Doctrines and Presumptions - Rectification - Mistake of Law - Deed of appointment of new trustee - Failure irrevocably to exclude benefits to trustees - Ad valorem stamp duty assessed on transfers of property to new trustee - Disconformity between common intention and deed of appointment - Whether rectification should be granted

Defamation - juridical status of alleged publisher - unincorporated ecclesiastical entity -SCR Pt 8 r 13

Defamation - imputations - capacity - form - difference in substance - identification and republication - particulars

PROCEDURE [32] - Courts and judges generally - Courts - Adjournment - After delivery of judgment and before making of orders - Discretion of court - Where defendant dies shortly before judgment delivered - Adjournment before orders made to permit defendant's son to obtain probate of his will.

EQUITY [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Balance of convenience - Use of church property subject to charitable trust for hierarchical church pending final determination of issues.

LANDLORD AND TENANT - TORTS - NEGLIGENCE - Duty of care of landlord to guest of tenant - Injury from glass shower screen - Whether landlord should have installed safety glass - History of problems with electric wiring, plumbing and drainage - Whether landlord should have commissioned expert report on safety of premises.

INSURANCE - Motor Vehicle Accident - where term of policy refusing indemnity if, at the time of the event which gave rise to the loss, the motor vehicle was being driven by a person whose faculties were impaired or who was under the influence of alcohol - whether the insurer had established entitlement to refuse indemnity - difficulty of attracting appellate intervention where trial judge comes to a conclusion in favour of party upon whom burden of proof does not lie - where there is competing expert evidence - whether trial judge's conclusions based on credit were inconsistent with, incontrovertibly established facts - whether insured made a fraudulent misrepresentation under s 28(2) Insurance Contracts Act 1984 (Cth) - whether insurer obliged to pay interest in accordance with s 57(2) of the Insurance Contracts Act - ND

TRADE AND COMMERCE - misleading and deceptive conduct - recovery for economic loss - causation

Succession - Family Provision - Claim by adult daughter - Financial and material circumstances of Plaintiff - Health problems of Plaintiff - Competing claims of other beneficiaries (especially Defendant) - Health problems of Defendant, and his financial and material circumstances - Practical effect of order for provision - Probable result would be for Defendant to be dispossessed of home in which he has resided for virtually his entire life - Statements by Deceased in her will and otherwise giving reasons for her testamentary dispositions.

Appeal decision of Local Court Magistrate - strike out - non-compliance with timetable

Evidence - Practice and procedure - Application to reopen case - Application to recall witness - Tender of written statement simpliciter by person does not make such person a witness - Words and phrases - Witness - Recall - Calling a witness - Evidence Act dictionary - Inherent jurisdiction - Interests of justice

Construction of contract - decision by tribunal on a question with respect to a matter of law.

Criminal Law - Sentencing - Drug offences - Plea of Guilty - Whether taken into account on head sentence - Criminal Law - Sentencing - Drug offences - Parity - Where sentence of co-offenders was very low

Sentence - Crown appeal - home invasion - payback for attack on young brother of one offender - whether mitigation - periodic detention increased to full time imprisonment

Assessment of costs - Expenses recoverable by witnesses generally - Costs recoverable by self-represented solicitor-litigant

Torts - duty of care - reliance on accuracy of quantity surveyor's reports- application of rule in Jones v Dunkel to testimonies of doubtful relevance.

CONVEYANCING - vendor and purchaser - units purchased off the plan - condition that vendor will proceed with all due expedition to complete the sub-division (meaning registration of strata plan) - condition that if strata plan not registered within 24 months either party could rescind - vendor contracted with builder to erect units - builder delayed in erecting units - strata plan unable to be registered within 24 months - vendor purported to rescind contract - whether delay by builder is a breach attributable to vendor - whether vendor entitled to rescind

Family Provision. Application by two adult children. Estate passed to widow who had been married to deceased for three years. Legacies given to plaintiffs.

Family Provision. Application by widower. Order for payment of a quarter share of the property to the plaintiff and a Crisp order in respect of the balance of the property.

PROCEDURE - miscellaneous procedural matters - adjournment on basis of psychiatric illness of defendant

CRIMINAL LAW - appeal against sentence - range of sentences at time of commission of offences - delay - no question of principle

Criminal Law - appeal against severity of sentence - taking account matters on the form 1

CRIMINAL LAW AND PROCEDURE - SENTENCE - NEW EVIDENCE - PSYCHIATRIC AND PSYCHOLOGICAL REPORTS OBTAINED AFTER SENTENCE - DIFFERENT PSYCHOLOGICAL REPORT TENDERED AT HEARING - NEW MATERIAL NOT PROVOKING INTERVENTION AND LESSER SENTENCE

CRIMINAL LAW AND PROCEDURE - SENTENCE - GRAVE OFFENCE ON ELDERLY VICTIM - NO SPECIAL POINT OF PRINCIPLE

CORPORATIONS - Winding Up - Unfair preferences - Reinsurance Treaties with non-resident reinsureds providing for payment by cash, escrow accounts or letters of credit - Letter of credit agreement between reinsurers and banks providing for reimbursement of payments under letters of credit - Collateral agreement between reinsurers and banks providing for lodgement of securities in advance of establishment of letters of credit and charge over securities - Letters of credit in favour of reinsureds by non-resident bank - Payment by non-resident bank to non-resident reinsureds - Application to set aside originating process by liquidator of reinsurer as disclosing no cause of action - Whether non-resident reinsureds were parties to a transaction resulting in payment under the letters of credit - Whether non-resident reinsureds recieved payment under the letters of credit from the reinsurer

Application for leave to appeal and appeal - Workers Compensation Act 1987 - Proceedings for damages for injury sustained in course of employment - No Statement of Claim filed when Notice of Motion filed - Whether Notice of Motion for leave to commence proceedings sufficient - ND

NEGLIGENCE - Whether "injury" under the Motor Accidents Act 1988 (NSW) or Workers Compensation Act 1987 (NSW) - Causation - Commonsense approach to causation - Which legislative regime applied.

EQUITY [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Balance of convenience - Use of church property subject to charitable trust for hierarchical church pending final determination of issues.

Criminal Law - accused found not guilty on the ground of mental illness

CRIMINAL LAW - Review of conviction - Reference by Attorney-General - Dealt with as appeal - Fresh evidence - Evidence from Police Royal Commission and Police Integrity Commission - Delay in complaint - Longman direction - Whether verdict of acquittal or new trial.

EQUITY - unconscionable transactions - no question of principle

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

motor vehicle accident - roundabout - unidentified vehicle - design and signage - no question of principle.

Corporations Law. Application for a declaration that statutory demand was not served. Held demand was served notwithstanding evidence of non-receipt of demand. Company wound up.

Extension of time to appeal decision of Fair Trading Tribunal - lease - ostensible authority of real estate agent

Costs - Substantive proceedings were resolved - No hearing on merits - Whether Defendant is entitled to costs order against Plaintiff - Court cannot try a hypothetical action between the parties - Whether Plaintiff acted reasonably in commencing the proceedings and whether Defendant acted reasonably in defending the proceedings.

CORPORATIONS - deed of company arrangement - deed administrators seek to examine officer of insurer after insurer withdraws from indemnifying entity in dispute with company - whether examination relates to examinable affairs and is an abuse of process

Wills - whether will contained a misdescription of property - whether rectification should be ordered - whether leave to bring claim out of time should be ordered.

Conviction appeal - incompetence of counsel - inadequate directions - unreasonable and insupportable.

DAMAGES - inconsistent reasons - inconsistent assessment of damages - whether any pre-existing disabilities, pain and suffering were subsumed by a subsequent injury - D

LIMITATION OF ACTIONS - Extension of period - Explanation of delay - Need for appellant to lead adequate evidence - Explanation and prejudice to be taken into account in deciding whether fair and just to grant extension - Relevance of prejudice to third party which respondent could join.

Misrepresentations - Questions of fact only - No question of principle

CRIMINAL LAW - Perjury - Application for leave to prosecute witness under Crimes Act subs.338(1)(c) - no finding in the principal proceedings that the evidence was false - leave to prosecute refused - summary disposal.

Breach of confidential information - whether injunction should issue - springboard principle - inquiry as to damages

EASEMENTS - creation - decision supplementing [2003] NSWSC 515 relating to adjoining passageway 12 feet (3.66m) wide.

Imputations - capacity -form

Imputations - natural and ordinary meaning/true innuendo - capacity - "the plaintiff is a homosexual" - capacity to defame - mistaken identity - irrelevant to the question of capacity

Coal Acquisition Act 1981 - wayleave entitlement - compensation claim