Cases and authorities

POLICE REGULATION (SUPERANNUATION) ACT 1906 - approach to the assessment of additional entitlement to superannuation allowance under s10(1A) - whether proper to have recourse to the principles of s40 Workers Compensation Act 1987 - assessment of incapacity for work

EVIDENCE - expert opinion evidence - evidence as to reasonable grounds to suspect solvency and whether a reasonable person in the defendant's circumstances would suspect insolvency - whether experts' opinions wholly or substantially based on their specialised knowledge - whether experts' opinions would usurp function of trier of fact - whether evidence should be excluded on discretionary grounds

Criminal Law and Procedure - Jurisdiction, Practice and Procedure - Judge's Summing Up - Directions as to the consequence of certain findings by the jury.

Negligence - professional negligence - action against solicitors - alleged fault in failing to apply for an injunction to prevent sale of properties - whether solicitors at fault - principles relating to loss of a chance - whether s57(2)(b) notices invalid for want of default as specified - whether error as to amount significant - whether capitalised interest is "interest" - whether a clause in the mortgages satisfied s58A - whether available default not involving non-payment - whether more than a negligible chance of obtaining an injunction on ground of no effective power of sale or otherwise - whether loss suffered because no injunction obtained

Insider Trading, Price Sensitive, Generally Available

Succession - Family Provision - Claim by two adult children - All assets of Deceased were held conjointly with his wife, the Defendant - Prescribed transactions - Notional estate - Financial and material circumstances of Plaintiffs - Obligation upon Plaintiffs to place before the Court as fully and as frankly as possible all details of their financial and material circumstances - Competing claim of Defendant.

Manslaughter - plea of guilty after trial commenced - "excessive self-defence".

Administrative Law - judicial review of a determination by the New South Wales Coal Compensation Tribunal - Wednesbury unreasonableness

Sexual intercourse and indecent assault on child under 10 - aged 9 at hearing - unable to give sworn evidence - delay in complaint - not contemporaneous but measured in terms of months and 2 years - identifiable incidents - whether warning as to delay required - warnings needed as to age of child and frailty of childhood memories - Crown case depends on child's unsworn evidence - limited supporting evidence - summing-up adequate in circumstances

Attempted armed robbery - parity - need to look at what each of two co-offenders did and culpability of each - incorrect assessment of facts and application of principle

Damages - whether assessments of heads of damages within range of discretion - no question of principle. ND

PROCEDURE -- Stay of Judgment awarding damages pending leave to appeal to Court of Appeal -- relevant factors

Limitation of Actions - extension of time from 3 years in certain personal injuries cases under ss. 60C and 60E - effect of those sections - effect of lack of prejudice to Defendant - effect of delay caused by neglect on part of Plaintiff's solicitor - court bound to have regard to each relevant factor in s. 60E(1) - explanation of delays

CONTRACTS - vendor and purchaser - contract for sale of land with strata unit to be erected - term making contract conditional upon performance of certain work - term providing for fittings and finishes of equivalent quality - additional work not performed - finishes not in accordance with list - whether agreement for variation - whether writing required for variation - whether substitutions satisfied conditions for substitution - EQUITY - specific performance - where consent of outside agency required - form of order

EQUITY [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Balance of convenience - Duration of proposed injunction - Availability of early final hearing.

CRIMINAL LAW - Appeal against sentence - Plea of guilty - Utilitarian discount - Relevance of circumstance that plea is to lesser charge than that originally brought.

Adjournment of proceedings seeking removal from Roll - default in filing affidavits - attention to filing affidavits unsatisfactory - nonetheless should be further opportunity - adjournment not opposed - undertakings not to apply for practising certificate or practice - adjournment granted. ND

Appeal from Local Court - no question of principle.

Evidence - admissibility - relevance - fact not in issue - transcript of "Four Corners" program - tender rejected - Evidence Act ss48(1)(c), 55, 56 and 135

Imputation - capacity - "brainwashed" - form - difference in substance

Appeal from Tribunal - denial of natural justice - refusal of adjournment and legal representation - lack of jurisdiction - exceptional circumstances.

CRIMINAL LAW AND PROCEDURE - LOCAL COURT - COMMITTAL HEARING - DIRECTION FOR WITNESSES TO ATTEND FOR CROSS EXAMINATION IN PART REFUSED - TEST TO BE APPLIED - EXERCISE OF MAGISTRATE'S JURISDICTION

CORPORATIONS [270] - Winding up - Conduct and incidents of liquidation - Dissolution - Restoration of defunct company to register - In general - Deregistration - Company in liquidation and liquidator in office at time of deregistration - Effect of restoration to register.

Succession - Family Provision - Claim by adult daughter - All assets of Deceased were held conjointly with his wife, the Defendant - Prescribed transactions - Notional estate - Financial and material circumstances of Plaintiff - Competing claim of Defendant - No grant of probate of will of Deceased - Letters of administration granted to another eligible person to enable a claim to be made - Whether separate grant of letters of administration must be made to each claimant

Criminal law - evidence - identification of accused in issue - whether judge erred in not giving directions and warning on identification evidence - mandatory requirements of s 116 of the Evidence Act considered

Criminal law - appeal against sentence - drugs - guilty plea - utilitarian value - pre-sentence custody - sentence calculations

EQUITY [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Balance of convenience - Duration and scope of proposed injunction - Availability of early final hearing.

PROCEDURE - Extension of time to set aside Registrar's order dismissing notice of motion for extension of time to file holding summons or leave to appeal - Review of Registrar's order dismissing such extension - appeal futile and doomed to failure - prior inconsistent statement s38 Evidence Act.

PROCEDURE -- Application for stay of Court of Appeal judgment pending High Court appeal -- relevant factors including prospects of success on special leave to appeal.

Appeal from Tribunal - scope of the appeal (a question with respect to a matter of law) - denial of procedural fairness - insufficiency of reasons - misdirection as to law - construction of provisions of Plain English Building Agreement - matter of law.

CONTRACT - SALE OF SHARES - SPECIFIC PERFORMANCE - whether intention of parties to enter into binding agreement - whether Second Plaintiff breached and thus repudiated agreement - whether Second Plaintiff disentitled to relief by reason of unclean hands - whether Plaintiffs entitled to order for specific performance - HELD - Plaintiffs entitled to order for specific performance

PROCEDURE [581]- Costs- General rule- When not followed- Disreputable conduct of party- Conduct not impinging on result- Effect on costs.

EVIDENCE - CURRENT PROSECUTION - POSSIBLE EFFECT OF PRE-PUBLICATION OF CONTENT OF WITNESS STATEMENTS - ORIGINAL LIMITED PURPOSE OF TENDER

CRIMINAL LAW - Appeal against conviction of manslaughter - Whether verdict was unreasonable and inconsistent with the evidence - Trial judge's directions to jury regarding close relationship between a witness and the accused - Whether circumstances under which jury returned verdict gave rise to a miscarriage of justice - Crown appeal against sentence.

NEGLIGENCE - OCCUPIER'S LIABILITY - The measure of the discharge of the duty of care owed by occupiers to visitors - Whether duty to inspect and maintain - Whether occupier of premises discharged their duty of care. D

THE SLIP RULE - Whether appellant entitled under the slip rule to an order setting aside the dismissal of an amended summons when it would be futile to allow the amended summons to stand. ND

CONTRACTS - General Contractual Principles - Construction and Interpretation of Contracts - "Interest" includes bill discounts - Profit share year by year includes restitutionary amounts under cross-claim

Manslaughter - momentary act of violence - baby shaking - plea of guilty - sentenced to 6 years imprisonment - non parole period 3 and a half years

CRIMINAL LAW: Sentence - manslaughter - unlawful and dangerous act - killing of offender's mother.

EQUITY - Equitable Doctrines and Presumptions - Rectification for common mistake - Car parking space included in contract for sale of a residential unit in error - Whether specific performance available in same proceedings - Whether relief available to plaintiff who drew the contract - Whether failure to read contract should deny relief

Limitation of Actions - Extension of time - Exercise of discretion by court - - Principles - Reliability of accused - Real possibility of significant prejudice to defendant

Real property - Emblements - Contractual clause for "Re-entry for Harvest" - Operation of such a clause in a lease for fixed term

COSTS - Indemnity costs in appeals - Offer of compromise - Part 19A of the District Court Rules - General principles applicable to indemnity costs in appeal. ND

CONTEMPT - what constitutes - breach of undertakings - plaintiff in De Facto Relationships claim applied for injunction to restrain defendant from approaching house and other interlocutory orders - parties agreed to various interlocutory injunctions and undertakings including plaintiff not to deal with paintings in the house "other than housing the paintings at the said property, or such other place as the Court may order or otherwise agree in writing" - arrangement to inspect and catalogue paintings was not carried out - parties joined in selling house and as settlement approached plaintiff removed paintings without asking for agreement or Court order - after hearing of charge of contempt, parties settled proceedings overall - finding of contempt but no further order - discussion of proof of undertaking where communicated to Court by counsel - the Court accepts the reality of representation of parties to civil litigation by their solicitors and counsel.

defamation claim - documents on or relating to legal advice - legal professional privilege

Attempting to possess cocaine - degree of involvement of offender - his role was critical in the intended distribution in the Austalian community - sentence imposed manifestly inadequate.

Sexual intercourse without consent - admission of complaint evidence - probative value not outweighed by danger of unfair prejudice - hearsay evidence - s.165 warning not required in circumstances - summing-up not unbalanced - Crown case was strong and summing-up reflected that - Defence case was put fully.