Cases and authorities

Review - discretionary power - relevant considerations.

Statutes - interpretation - quantification of pension entitlement under Superannuation Act 1916 (as at 29 July 1975)

Landlord and tenant - improvements - right to compensation - Agricultural Tenancies Act - value of improvements.

Extension of time to appeal decision of costs assessor

PROCEDURE - Supreme Court procedure - subpoenas and notices to produce - permitting inspection of confidential documents - effect of section 126B Evidence Act 1995 on exercise of discretion to inspect - EVIDENCE - facts excluded from proof - legal professional privilege - whether applies to a Will - SUCCESSION - WILLS PROBATE AND ADMINISTRATION - subpoena or notice to produce seeking production of Will of living person - effect of section 126B Evidence Act 1995 on application to inspect Will

Family Provision. Application by adult son excluded from will. Small legacy ordered. Need for proper evidence to deal with the way the plaintiff has been left with unsufficient provision.

Costs - Application for Suitors' Fund Certificate - no question of principle

Criminal Law and Procedure - Admissibility of evidence of co-conspirators which was obtained in contravention of the provisions of the Crimes Act 1912 (Cth) or as a consequence of such a contravention.

Employee - independent contractor - Compensation Court Rules p 13 - Notice of Submission to an Award - non-acceptance - continuation of trial.

LEAVE TO APPEAL - where judgment at first instance was a discretionary costs judgment - where trial judge did not follow ordinary rule that costs follow the event - whether novelty of Building and Construction (Security of Payment) Act a relevant factor in exercising discretion to not make a costs order - where no matter of principle involved in appeal- where quantum of damages, although not ascertained, is clearly significantly below the statutory threshold

PROCEDURE - abuse of process - whether continuation of proceedings in Industrial Relations Commission seeking variation of contract undermines basis of existing District Court judgment - nature of cause of action for recovery of remuneration under Property, Stock and Business Agents Act

ASSOCIATIONS AND CLUBS [49] - Incorporated associations - Matters relating to incorporation - Certificate of incorporation - Not conclusive evidence body was successor to unincorporated association - MEETINGS [5] - Conduct of business - Quorum - Meaning of quorum - Whether persons having an interest who abstain but are not disqualified from voting may be counted.

Professional negligence(medical) - Evidence - reliability of testimony 24 years after event - Opinion based upon unreliable history

ADMINISTRATIVE LAW - particular tribunals or bodies - National Adjudicatory Tribunal of Australian Stock Exchange Limited - jurisdiction to hear charges relating to conduct occurring prior to 13 October 1998 - jurisdiction to hear charges relating to conduct occurring prior to 25 October 1993 - ASSOCIATIONS AND CLUBS - disciplinary tribunals - construction of transitional provisions in relation to jurisdiction of tribunal - whether duplicity is a ground for invalidity of a charge - requirements of fair procedure - PROFESSIONS AND TRADES - stockbrokers - disciplinary proceedings - when bringing of charges is an abuse of process - requirements of fair procedure - WORDS AND PHRASES - "things and circumstances created by or under the Articles of Association" - extends to alleged breach of Articles concerning which no disciplinary action was taken before repeal of Articles - extends to Rules made under authority of Articles of Association before those Articles were repealed

Strike out - Appeal decision of Consumer, Trader and Tenancy Tribunal - Amendments to summons and notice of appeal

CORPORATIONS - chairman of directors - statutory duty of care - meaning of words "the same responsibilities within the corporation" in s 180(1)(b) - relevance of evidence of usual practice of chairman of listed Australian companies

Joinder of Attorney-General as contradictor - Local Court Magistrate - disqualification - exceptional circumstances

Criminal law - sentence - appeal - multiple offences of a sexual, violent and kidnapping nature - offences involving overlapping elements - pleas of guilty - sentences imposed on basis of lengthy statement of facts covering all crimes and context - overall sentence involving some accumulation passed to reflect all crimes committed in single episode - no dissection of facts to reflect specific crimes charged - totality principle applied to overall sentence - necessity to apply both principles in Pearce - leave granted - appeal upheld.

MORTGAGES - Remedies of mortgagor - Redemption - Construction of mortgage - Whether contingent or future debts secured - Costs - When mortgagee loses entitlement.

Guarantee and Indemnity - action against Surety - de facto partners - costs agreement containing a guarantee and agreement for a mortgage on her home given by de facto wife - whether de facto wife entitled to the protection of special equity principle in Yerkey v Jones and Garcia v National Australia Bank Ltd. - Held de facto wife was entitled but as she was not a volunteer relief was refused. - Contracts Review Act 1980 (NSW), ss 6(2) and 9. - Held that guarantee and mortgage should be set aside.

DEFAMATION - imputations - capacity - identification - radio programme in segments - named in some, not others - notorious facts - matters known to public through publicity

SUPERANNUATION - private sector schemes - proposed application of actuarial surplus by augmenting of benefits - whether benefits already paid may be augmented - nature and scope of trustee's power to augment - TRUSTS AND TRUSTEES - application for judicial advice - criteria against which exercise of trustee's discretion to be assessed

CRIMINAL LAW: Sentence - manslaughter - jury verdict after trial for murder - pre-trial offer of plea to manslaughter - whether offender entitled to utilitarian value as if plea accepted.

WORKERS' COMPENSATION ACT 1987 s 151C - nature of exceptions to s 151C - s 151C(2)(a) - neither silence nor equivocation constitutes a true denial of liability - whether a representation constitutes a denial of liability to be objectively determined - s 151C(2)(b) - partial admission refers to an acceptance of liability where the apportionment of liability as between the employer and the employee is contested - payment of statutory workers' compensation does not constitute a partial admission of liability - D

Summary judgment - dismissal - Duty to act in good fatih - Health Care Complaints Unit

Plea to murder charge - Please to charge of occasioning actual bodily harm

Appeal against refusal to annul conviction - interlocutory decision.

PROCEDURE - Supreme Court procedure - action seeking possession of land already on foot in Common Law Division Possession List - fresh action started in Equity Division seeking similar relief - whether interlocutory injunction should be granted to prevent interference with lessor retaking possession of premises - significance of proceedings already being on foot in Possession List for grant of interlocutory injunction - EQUITY - equitable remedies - interlocutory injunction - balance of convenience - relevance of Court's own procedures

EVIDENCE [118] - Documentary evidence - Statutory provisions as to statements in documents when direct oral evidence admissible - Where maker of statement not attending as witness - Evidence Act 1995 s 64 - Whether to call maker of statement would cause undue expense or undue delay or is not reasonably practicable.

PROCEDURE [21] - Courts and Judges generally - Judges - Other matters - Duties - To give reasons for decision - Correction of reasons to remedy inadvertent or clerical error.

Criminal Law and Procedure - Admissibility of listening device material - s 138 Evidence Act - whether mistatement in application for warrant improper - whether recorded conversations should be edited - admissibility of evidence of uncharged criminal conduct to prove relationship of alleged co-conspirators.

Imputations - difference in substance - test - "suspicion" imputations - identity of holders of suspicion

Criminal law - appeal - sentence - offence of domestic violence involving substantial injury to partner - degree of seriousness of offence - asserted vulnerability and non-violent character of prisoner - no error by primary judge.

Criminal law - sentence - appeal - sentence lenient - asserted error in failing to give discount for assistance - any adjustment would render sentence disproportionately lenient - s.6 applies to end result not to a mere component of the sentence - no basis to interfere.

Costs

Defamation - Truth - Contextual imputations

Statutory Interpretation -confiscation

LEGAL PRACTITIONERS - retainer - negligence - no question of principle

CORPORATIONS- winding up - annual meetings and final meeting to be convened by liquidator in creditors voluntary winding up - company insolvent - failure to convene annual meetings - whether continuing default should be excused by court order - whether annual meeting of members should be dispensed with - whether members should be excluded from final meeting of members and creditors

PROCEDURE - whether civil proceedings in Local Court may be removed into Supreme Court for consolidation with existing Supreme Court proceedings

Criminal law - sexual intercourse without consent - whether verdict unreasonable or not supported by the evidence - as to proof that accused knew that complainants were not consenting - knowledge because reckless (Crimes Act s 61R(1)) - recklessness because realised might not be consenting but was determined to have intercourse whether or not were consenting - on facts, jury could be satisfied beyond reasonable doubt.

Criminal law - sentence - appeal - multiple armed robberies - drug addict - youth - prospects of rehabilitation - no error.

Criminal law - sentence - armed robbery - appeal - drug addict - no matter of principle.

CRIMINAL LAW - evidence - claim of right - whether judge erred in striking out as irrelevant part of Crown witness' testimony favourable to defendant's claim - whether judge erred in not allowing defendant to cross-examine on evidence that was struck out - EVIDENCE - hearsay - whether evidence admissible at common law as a prior consistent statement - whether admissible under s 65 or s 66 of the Evidence Act 1995 - where evidence admissible under s 66 of the Evidence Act - where evidence not significant - whether exclusion gave rise to a miscarriage of justice - EVIDENCE ACT - whether trial judge erred in making appellant aware in the presence of a jury the effects of s 128 of the Act - whether trial judge contravened s 132 of the Act - CRIMINAL TRIAL - forensic tactics - where Crown used s 38 of the Evidence Act as a forensic device - whether unfair or improper advantage - whether abuse of section - whether judge's failure to refer to s 192 of the Evidence Act an error of law - where Crown case is strong - whether cumulative effect of errors result in a lost chance of defendant being acquitted - Criminal Appeal Act 1912 s 6(1) - appeal dismissed.