Cases and authorities

Criminal law - sentence - appeal - parity - co-offenders sentenced in Children's Court - appeal dismissed

CONTRACT - sale of land to Council - breach of term - Council required to upgrade carriageway - whether term in contract could be varied orally - whether defence alleging oral variation to contract can be maintained - s23C and s54A Conveyancing Act 1919 - NEGLIGENCE - duty of care - obligations of construction authority and design authority - NUISANCE - damage caused to neighbouring property by rock boulders falling from batter wall - no evidence of falls for 8 years - whether permanent injunction should be granted - - NUISANCE -interference with right of way - actionable without damage - interference continuing - injunction granted - DAMAGES - economic loss - whether plaintiff was denied opportunity to derive income from farming land - whether lack of access contributed to cessation of farming

PROCEDURE - costs - security for costs - no question of principle

CORPORATIONS- Officers and Employees- disqualification from managing corporations- ASIC claimed against Keeling, former Joint MD of One.Tel Ltd, remedies for breach of duty of care and diligence s180-disqualification, declarations establishing breaches, damages- ASIC and Keeling joined in asking Court to order remedies including disqualification 10 years- consideration of circumstances affecting acting on parties' agreement- disqualification 10 years and other remedies ordered by consent.

Appeal decision of CTTT - failure to receive notices

Manslaughter - unlawful and dangerous act - plea of guilty - background of domestic violence and chronic alcoholism - powerful subjective case.

Evidence - admissibility of expert opinion evidence from a lawyer concerning breach of duty by a lawyer defendant

Criminal Practice & Procedure - domestic murder - whether worst class of case - effect of delay in prosecution

Workers Compensation - Modification to Premises - Worker's Home - Circumstances of Occupation and Tenure Distinguished - Modifications "Reasonably Necessary" - Care of Worker in the Home - Home Includes House and Surrounds - Claim for Garden Care and Handyman - Worker Triplegic - Scope of Statutory Definitions of Medical and Related Services

Family Provision. Application by a former de facto partner in respect of a small estate. Provision made. No matter of principle.

CORPORATIONS - Voluntary administration - construction of combined constitution and shareholders' agreement - Whether power to remove a director appointed by a person extends to a director appointed by a general meeting attended by that person - Whether directors removed from office - Whether directors delegate powers or incumber assets when resolving to place a company in voluntary administration - Whether meeting of directors convened on reasonable notice - Whether meeting of directors held prematurely - Whether directors entitled to the opinion that the company was, or was likely to become, insolvent

COSTS - corporation and a major shareholder both sued - verdict for the defendant - shareholder argued that because only part of the relief sought was for his benefit he should be relieved of part of the costs - the shareholder plaintiff stood to benefit from the whole suit - both the corporation and the shareholder ordered to pay costs

PRACTICE AND PROCEDURE - re-opening of evidence when reasons for judgment delivered but judgment not entered - further argument when reasons for judgment delivered but judgment not entered - CORPORATIONS - inspection of books and records - proper purpose for inspection

Appeal - Evidence -reliability

No question of principle

Criminal Law - sentence - appeal - robbery in company - separate sentence for offence to be taken into account on form 1 - error of law - whether some other sentence warranted in law - application of Henry guidelines

CORPORATIONS - winding up - examination summons - whether examination to proceed when there is an unresolved conflict in evidence about whether personal service has been effected

Strike out statement of claim against first defendant

Abuse of process

SUCCESSION - WILLS PROBATE AND ADMINISTRATION - probate and letters of administration - procedure to be followed where executor of Will dies, without himself leaving an executor

EQUITY - Equitable Doctrines and Presumptions - Whether relief against abuse of confidential information should be granted when a contractual term exists - Whether commission-only agents owe fiduciary obligations to principal - Whether it is appropriate to order an account in aide of common law rights - CONTRACTS - General Contractual Principles - Implied terms - Breach of contract - PROCEDURE - Miscellaneous procedural matters - Enquiry as to damages for breach of contract before a Master

Subpoena to produce documents - legitimate forensic purpose - subpoena issued before s7A trial under Defamation Act 1974

CORPORATIONS - voluntary administration - extension of time for holding second meeting of creditors - power to extend for more than sixty days after the first day on which meeting was held

Appeal decision of FTT: prerogative relief - procedural fairness

Evidence - admissibility of opinion evidence based on information built up in a way not capable of strict proof - strict proof not required - contrasted with strict proof required of particular instances or transactions on which opinion evidence is based

Criminal Law and Procedure - Admissibility of evidence of conversations between alleged co-conspirators relating to firearm

Corporations Law. Applicaion to set aside statutory demand. Discussion on need to include ground in initial affidavit. Demand set aside.

Criminal law - whether verdict unreasonable and unsupportable on the evidence - Criminal law - whether verdict unreasonable by reference to acquittal on another count.

Criminal Law - Motor Vehicle - Driving in a manner dangerous to another person - Whether driving dangerous - Case put to jury - Whether and to what extent resultant damage and injury may be considered - Criminal Law - Sentence - Factors to be taken into account - Driving offences - Driving occasioning death or grievous bodily harm - Guidelines for sentencing - Special circumstances - Relevant considerations - Where history of attitude of disobedience to the law

CRIMINAL LAW - Supply prohibited drug - plea of guilty - appeal against severity of sentence - absence of interpreter at certain times - whether applicant understood plea, instructions by solicitor, and pre-sentence report.

PRACTICE AND PROCEDURE - Amendment of statement of claim - Where State of New South Wales notified of intention to amend statement of claim after date for notification of a claim under Civil Liability Act 2002 Sch 1 cl 4 - Where leave granted to add claim for aggravated damages - Definition of "claim" - Whether "claim" refers to head of damages claimed in proceedings - DAMAGES - Aggravated damages - Where aggravated damages not originally pleaded - Whether aggravated damages unable to be awarded pursuant to Civil Liability Act 2002

Criminal law - Practice and procedure - Complex criminal trial - Pre-trial disclosure ordered - Obligation to disclose evidence - Supplementary statements - Continuous obligation to disclose evidence - Relationship between ss 47 O and 47 H of Criminal Procedure Act 1986 - Meaning of "failed" - Discretion to reject evidence

CORPORATIONS - winding up - liquidators' examinations - whether Court has power to stand the examination over with liberty to restore - whether adjourned examination should be vacated on discretionary grounds

Criminal assets recovery - assessment - hardship

Parity in sentencing - co-offenders of the same offence - differing degrees of seriousness.

s. 18 Children (Criminal Proceedings) Act 1987 - Whether serious indictable offence or not - Whether defendant a 'child' within the meaning of Act - exercise of trial judge's discretion under s. 18 - Factors to be taken into account.

Inconsistent verdicts - different ingredients - aggregation or cumulation of sentences.

Appeal against conviction after plea of guilty - element of offence not made out - no power to correct error - referral back to local court.

Corporations Law. Application to set aside statutory demand. Summons dismissed. No matter of principle.

Criminal Law - consideration relevant to whether and, if so, what order should be made pursuant to s27 of the Mental Health (Criminal Procedure) Act 1990 (which empowers the Court to order that an offender in relation to whom a "limiting term" has been determined be detained in a hospital or in some other place)

TAXES AND DUTIES - Land Tax - Exemption for use and occupation for residential purposes - Sharing a dwelling with a lodger not a loss of occupation - Extended absences with intention to resume possession with a lodger not a loss of continuous occupation

CONTRACTS - loan - mortgage - principals or guarantors - unjust contracts - Contracts Review Act 1980 - advance used to pay out existing mortgage debt - prior mortgage unjust - relief - AGENCY - power of attorney - execution by attorney of third party mortgage as security for his own debt - whether valid

Whether misleading or deceptive representations were made by defendants in respect of an $80,000 investment by the plaintiffs in a company controlled by the first and second defendants - Whether reliance placed on representations - Claim for debts from a deregistered company - Application to reinstate company abandoned.

Evidence - expert opinion evidence -experience

LOCAL COURT: Civil claim - appeal - no question of law

Negligence - public authority - shallow diving in creek - breach of duty - obviousness of danger - damages