Cases and authorities

Provisional view on what orders District Court made - if so, summons to be dismissed - mother of child not present - opportunity to put submissions.

Arrest on charges of assault police and resist arrest - whether the learned magistrate was bound to exclude the evidence by reason of s 138 of the Evidence Act 1995.

Evidence - Expert evidence - Expert witness code of conduct - Admissibility of purported expert report - Expert failed to acknowledge that he would be bound by the Expert Witness Code of Conduct in Schedule K of the Supreme Court Rules pursuant to Part 36 rule 13C(2) - Witness not aware of existence of Code of Conduct prior to preparation of expert statement - Whether 'otherwise order' permitting evidence should be made - Supreme Court Rules Part 36 Rule 13C(2) - Schedule K

Legal Profession Act 1987 - lien - solicitor/client - termination of service - fee agreement - failure to pay in accordance with agreement - reasonableness of solicitor's actions - new solicitor instructed concerning reasonableness of costs - whether it shows loss of trust by client

Assessment of costs - leave to appeal from panel and hearing of any appeal - review by panel of determination by Costs Assessor.

Appeals against sentence - applicants convicted at trial of offence of detain with intent to hold for advantage. DRUMMOND - major role - on parole - lengthy criminal record - challenge to findings of fact - not manifestly excessive CROOK - significant role - favourable subjective features - challenge to findings of fact - not manifestly excessive TARANTO - lesser role - sentence reduced

Criminal Law & Procedure - motion for summary dismissal - no question of principle

CORPORATIONS - winding up - statutory demand - application to set aside statutory demand dismissed when applicant did not appear - subsequent application for order setting aside order of dismissal - no application to extend time for compliance with demand - time for compliance expires - whether slip rule allows extension of time for compliance

PRIVATE INTERNATIONAL LAW - procedure - interlocutory anti-suit injunction - tests for granting of - foreign proceedings raise same issues as have already been determined, or are pending, in New South Wales - foreign proceedings impugn the activities of one of the Court's own officers - PROCEDURE - anti-suit injunction - tests for granting of - foreign proceedings raise same issues as have already been determined, or are pending, in New South Wales - foreign proceedings impugn the activities of one of the Court's own officers - INJUNCTIONS - anti-suit injunctions - tests for granting of - foreign proceedings raise same issues as have already been determined, or are pending, in New South Wales - foreign proceedings impugn the activities of one of the Court's own officers

Evidence - Admissibility of evidence - Both parties seeking to adduce evidence of events occuring during mediation - Allegations of serious misconduct - Whether s 15 of Farm Debt Mediation Act 1994 (NSW) prevents admissibility of evidence - Whether s 15 of Act can be read down so as to permit adducing of evidence - Arguable consensual waiver

Criminal Law - abuse of process - plea of guilty to manslaughter

separate trials - causation - liability - professional negligence

LIMITATION OF ACTIONS - PROCEDURE - AMENDMENT - Whether defendant should be permitted to amend defence to rely on the ACT Limitation Act, when an extension of time had already been granted under the NSW Limitation Act - Re-litigation of issues - Anshun estoppel - Whether leave to amend defence to rely on the ACT Limitation Act, in circumstances where an extension of time under the NSW Limitation Act had been applied for but not granted, should be subject to conditions, and if so what conditions - CONFLICT OF LAWS - Proceedings brought in NSW for tort occurring on the high seas - Whether applicable law is that of NSW, or of the State or Territory having the closest connection to the events.

PROPERTY - LANDLORD AND TENANT - Option in lease - Giving or serving of notice - Notice posted to company - Whether effectively given - Whether compliance with clause in lease as to service necessary for valid exercise of option.

Criminal Practice and Procedure - Sentence - Relevance of provocation

PROCEDURE - miscellaneous procedural matters - application for variation of implied undertaking concerning use to which subpoenaed documents can be put - documents obtained from casino operator - effect of section 148 and 149 Casino Control Act 1992 on such an application

PROCEDURE [573] - Costs - Departing from the general rule - Powers of court - Relevant principle - Where different results on distinct claims.

Criminal Practice and Procedure - Sentence - Impact of imprisonment of mother on child - whether exceptional circumstance - whether justified a suspended sentence - Social Security fraud - importance of general deterence.

Criminal Practice and Procedure - application to re-open appeal - fresh ground of appeal - miscarriage of justice by the absence from trial of evidence of two witnesses who were available to defence but not called at trial.

Criminal Practice and Procedure - non evidentiary evidence becoming available to the jury after retirement - whether miscarriage of justice.

Infant's Settlement - no question of principle

[CORPORATIONS] - Application pursuant to s 441F of the Corporations Act 2001 for a declaration that the owner of premises formerly leased to a company under administration is entitled to take possession of the premises - Alternative application for an order for leave to take possession of the premises pursuant to s 440C of the Corporations Act 2001.

DEFAMATION - Application for interlocutory injunction - Alternative claim for injurious falsehood.

Summons against DPP - Performance of statutory function not removable - Abuse of process - Stay

PROCEDURE [113]- Slip rule- Extent or operation- Does not extend to case where Judge is handed short minutes, makes orders in accordance with short minutes where one counsel wrongly assumes their content without reading them. PROCEDURE [558]- Costs- Co-defendants- Three witnesses arrested- Whether order for costs should be joint or several.

ARBITRATION - construction of arbitration clauses - whether arbitration clauses were confined to contractual disputes or extended to disputes under Corporations Act and equitable principles - meaning of 'matter' in s 7(2) of International Arbitration Act - whether disputes under Corporations Act capable of settlement by arbitration under arbitration clauses - PRACTICE AND PROCEDURE - waiver of right to refer to arbitration - meaning of 'waiver' - whether defendants waived their rights - whether disputes can and should be referred to referee under SCR Part 72

Property (Relationships) Act - long relationship - children of relationship - distinct period of relationship - contribution of proceeds of damages claim - inference to be taken from use of contribution in the absence of specific evidence - post separation contribution

CRIMINAL LAW - proceeds of crime - confiscation - forfeiture - "tainted property" - motor vehicle partly comprising parts from a stolen vehicle - hardship - WORDS & PHRASES - tainted property - motor vehicle partly comprising parts from a stolen vehicle.

PROCEDURE - re-opening after judgment - whether first instance judge should permit re-opening

DEFAMATION - Application for interlocutory injunction - Notice to produce draft of proposed publication.

Family Provision Act - children of deceased enduring power of attorney - transfer of property - contrary to interest of donor - credit of executor - notional estate - whether defendant a disinterested executor - costs

REAL PROPERTY - easements - whether purported easement is not really an easement because it confers exclusive possession of servient tenement - effect on validity of easement of transferee's failure to company with covenant contained in instrument granting easement - whether easement obsolete - whether easement impedes reasonable user of servient tenement without securing practical benefit to persons entitled to dominant tenement - whether easement abandoned - significance of criteria for Registrar General to expunge easement by administrative action - whether extinguishment will not substantially injure persons entitled to easement

Practice and Procedure - Arbitration award - Remittal of issues to arbitrator - Appeal from arbitration allowed and matter remitted to arbitrator for determination of certain issues - Notice of motion seeking to remit additional points of claim to arbitrator - Additional points of claim sought to be remitted never initially before arbitrator - Whether court has jurisdiction to remit additional points of claim - Whether width of s43 of Commercial Arbitration Act 1984 (NSW) permits further remittal of issues

SUCCESSION - WILLS, PROBATE AND ADMINISTRATION - probate and letters of administration - interested witness - whether testatrix knew and approved of gift to spouse of witness - whether gift to spouse of witness was given or made freely and voluntarily

Criminal Law - malicious wounding - Crown appeal against sentence - no question of principle

Criminal law - procedure at trial - Crown Prosecutor's decision not to call in the Crown case a particular witness - discussion of the duty of a Crown Prosecutor in that connection. - Criminal law - alleged miscarriage of justice at trial deriving from the decision of the Crown Prosecutor not to call a particular witness in the Crown case - discussion of principles to be applied in determining whether or not a miscarriage of justice has in fact occurred. - Criminal law - procedure at trial - admission of photographs depicting the physical injuries sustained by the victim of a very severe physical assault - discussion of relevant principles.

Criminal law - appeal - supply prohibited drug - possession of more than traffickable quantity - statutory deeming effect - statutory defence - possession for use other than supply - claimed own use - relevance and admissibility of evidence of cash and gold bars to rebut defence - content of summing up - special circumstances - role of trial judge.

Application for leave under s 5F of the Crimes Act 1900 - whether the trial judge's discretion miscarried - appeal dismissed.

Land and Environment Court - easements - appeal dismissed with costs.

Torts - Negligence - Duty of Care - Alleged breach of duty of care - Skateboard rider suffers injury at skateboard facility - Allegation of negligent construction of mound on which accident happened - Causation - Onus of proof

Land & Environment Court - easements - appeal dismissed with costs.

Criminal Law - Sentence for conviction of murder

Trusts. Claims for express trust and constructive trust. On the facts not proved. Equity. Estoppel. Former wife does not make a claim for property settlement as a result of representations by husband that he would provide for her in his will. Loss of opportunity to make a claim. Family Provision. Application by former wife. Legacy allowed.

rights pursuant to mortgage or guarantee and exercising purported power of sale under mortgage - Security for costs - Order sought by defendants seeking security for costs from second plaintiff

NEGLIGENCE - 15 year old boy falls off swing erected & maintained by the defendant - issues of fact - no matter of principle.

CORPORATIONS - interpretation of Corporations Law of NSW - meaning of "corporation" - meaning of "public authority" - scope of definition of "public authority of the Commonwealth or a State" - STATUTES - interpretation - Corporations Law continued by grain marketing legislation - interaction with secrecy provisions of audit legislation

Sentencing - assistance to authorities - statement given to authorities on promise would not be used against offender - tendered in sentencing hearing - what was evidentiary regime for ruling on admissability - whether admissible over objection of the offender - whether admissible on basis that could not be used against offender - whether admitted on that basis - whether error in misuse against offender - whether insufficient discount for assistance to authorities - whether resistance to use of statement could be taken into account against offender - offender resentenced.