Cases and authorities

Evidence - Expert - Experience - Expert evidence - Expression of opinion by a senior detective in relation to investigative methods and quality of evidence - Royal Commission transcript - Business record - Evidence admitted

Appeal from tribunal - allegation of denial of natural justice - sustained as to part of the claim.

Criminal law - Importation of cocaine - Commercial quantity - Circumstantial and other evidence - Direction - Unreliability warning - No unfairness of summing up - Character evidence on behalf of accused - Reference by trial judge - Severity appeal - Role of accused in criminal enterprise - Not a mere courier - Not a principal - Played major role - Substantial sentence called for.

WORKERS COMPENSATION - whether personal injury sustained by the appellant arose out of or in the course of employment - where appellant stopped authorised work for the sole purpose of administering a dose of heroin - where the injury was sustained after the heroin was administered - whether administering of heroin was in the course of employment - whether in the circumstances s 14(2) of the Workers Compensation Act 1987 is applicable - appeal dismissed. ND

Costs - whether respondent entitled to costs of first cross-claim - whether appellant entitled to costs of second cross-claim - appeal allowed.

APPEAL, PRACTISE AND PROCEDURE - general principles - s69 Local Courts (Civil Claims) Act 1970 - exercise of a Court's discretion to permit or refuse leave to a lay advocate to appear for an unrepresented litigant - rights of audience of unqualified persons - appeal dismissed

PROCEDURE [77]- Stay- Inherent power- Court exercising supervisory jurisdiction- Inferior tribunal's order- Argument in appeal- Virtually concluded- No right to work involved- Stay granted.

TRUSTS AND TRUSTEES - construction of trust instrument - ascertaining corpus and entitlements to income - no question of principle

Criminal law - aggravated sexual assault - inconsistent verdicts - evidence - forensic testing - inconsistent evidence - fabrication

CRIMINAL LAW: Sentence - Crown appeal - dangerous driving causing death/grievous bodily harm - two children killed, two seriously injured - inattention by Respondent driving heavy vehicle - effective sentence 2 years, non-parole period 1 year.

Strike out Pt 15 r 26 - General Steel test - lack of certain material facts - curable - demonstrated arguable cause of action - Negligent misstatement - Esanda test - proximity - misstatement to a third party - causal link - Fiduciary duty - defendant acts for two clients, separate interests - possible conflict - position of trust - arguable that duty arises - S42 Fair Trading Act - misleading or deceptive conduct - damages arise where party influenced by another - acts in reliance of misrepresentation - intention to mislead not a material fact - causal connection between conduct and loss

Consumer Protection - Fair Trading Act SS42 & 43 - Injunctions - form

Imputations - form - capacity - difference in substance - refusal of plaintiff's application to transfer to District Court

Appeal from tribunal - no transcript - deficiency of evidence to support submissions - no error of law demonstrated.

CORPORATIONS - winding up - summons for examination of witnesses - whether summons should issue to minors - INFANTS AND CHILDREN - whether order for examination of a minor by a liquidator should be made

CORPORATIONS - management and administration - requisition of general meeting under section 249D Corporations Act 2001 - extension of time for calling of meeting - circumstances justifying extension of time

CRIMINAL LAW - procedure - sentencing - guilty pleas - utilitarian value - discount - specified discounts for other subjective features not required - additional offence taken into account - Form 1 - need for sentence to have regard to gravity of additional offence.

CRIMINAL PRACTICE & PROCEDURE - Appeal against severity of sentence - Armed robbery in company - On parole - Break and enter in circumstances of special aggravation - Escape whilst at Court

Real Property & Crown Lands. Construction of conditions in a Crown Lease and damages for breach of terms. On facts no damage proved.

Appeal - adequacy of reasons - error of law - bias.

Criminal Law - proceeds of crime - application for injunction to restrain sale of forfeited property pending determination of exclusion order

Family Law - De facto relationship - Adjustment of interests of parties in property - Respective contributions of parties - The Defendant was the chief breadwinner, whilst the Plaintiff's contributions were essentially in the capacity of homemaker and mother - Evidence concerning present and likely future needs of parties should be disregarded - Caution should be exercised in applying to claims by a de facto partner under section 20 of the Property (Relationships) Act 1984 (NSW) the principles which the Family Court of Australia applies to applications under section 79 of the Family Law Act 1975 (Cth) - The Property (Relationships) Act looks to past contributions, whereas the Family Law Act looks also to present and future needs - Whether contributions made by one party to the children after termination of the relationship are contributions of the nature recognised by section 20(1)(b) of the Property (Relationships) Act - Application for spousal maintenance.

Application to exclude evidence - Admissions alleged unfair to defendant - Voluntary admissions

PROCEDURE - joinder of minor as defendant - appointment of tutor - whether solicitor should be appointed on the basis that he may act without employing another solicitor

CORPORATIONS - winding up - application to Court by liquidators - amenability of liquidators to personal orders for payment of costs - whether liquidators are required to provide security for costs - PROCEDURE - costs - amenability of liquidator of corporation to order for personal payment of costs - whether liquidator of corporation required to provide security for costs - PROCEDURE - costs - whether order to be made under Part 52A Rule 9 requiring payment of costs of interlocutory application prior to conclusion of proceedings

Summing up - error in trial judge's direction - inappropriate case for proviso - miscarriage of justice

Appeal from Tribunal - findings said to be against the evidence and the weight of the evidence - no error of law.

Appeal against Residential Tribunal for rent owing.

Security for costs of appeal - threshold requirement of special circumstances - discretionary power

Practice and Procedure - Application to vacate - Hearing date fixture - Change of solicitor - Overriding purpose rule - Exercise of discretion

Leave to commence proceedings - application should precede the commencement of the proceedings - forensic diligence - deliberate decision not to pursue claim - prima facie case - prejudice.

ADMINISTRATIVE LAW APPEAL - application for rehearing - Consumer, Trader and Tenancy Tribunal - STATUTORY CONSTRUCTION - Consumer, Trader and Tenancy Tribunal Act 2001 - transitional provisions.

CORPORATIONS - winding up - examination summons - "eligible applicant" - whether eligible applicant authorised by ASIC continues to have standing if bankruptcy intervenes between authorisation and commencement of examination proceeding - PRACTICE AND PROCEDURE - abuse of process - whether plaintiff in examination proceeding abuses process by continuing after bankruptcy

[TRUSTS] - Whether common intention at time of acquisition of property between father and son was to pruchase, renovate, sell and share equally in the profits of a property - No argument in relation to presumption of advancement - Admission by defendant that common intention was as plaintiff claims - Defendant claims unfairness.

N/A

CRIMINAL PRACTICE & PROCEDURE - Sentence - Unprovoked murder to cover up fraud and facilitate further fraud

PRACTICE AND PROCEDURE - reference out under Part 72 - consent to reference out

Practice & Procedure - subpoena - whether abuse of process - no question of principle

CORPORATIONS - winding up - voluntary administrators appointed when application for winding up in insolvency pending - whether application must be adjourned

Costs - no question of principle

Review - discovery regime - classes of documents - personal injury claims - meaning of "special reasons" - threshold requirements - discretionary power - review is not a vehicle for entertaining what is a fresh application.

Practice and Procedure - Proceedings carried on by a corporation - Direct access to client - Plaintiff company seeking to be represented by a barrister without intervention of a solicitor - Effect of Part 4 Rule 4 of the Supreme Court Rules - Whether appropriate to dispense with rule

Negligence - duty of care - school supervision

Judicial review - common law judicial review - certiorari against decision of District Court judge - error of law on the face of the record - Courts - judges - powers - requirement that judicial power be exercised in resolution of "legal" controversy - D

Tort - negligence - duty of care - plaintiff injured while spraying graffiti on roof of moving carriage - plaintiff travelling with upper body squeezed through upper window of carriage - contravention of delegated legislation - application of principles in Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 - D

Application for Stay of Proceedings for Possession of Land - no question of principle

Criminal Law - Sentence - murder - re-trial