Cases and authorities

Whether defendants held shares on trust for plaintiff - depended on which of two competing versions of a conversation was accepted - one version preferred for stated reasons - reasons unsound - preference not warranted - new trial - no question of principle. ND

NEGLIGENCE - causation - internal inconsistencies in trial Judge's reasoning - many contributing factors - misapplication of onus of proof - failure to give reasons - assessment of damages - new trial ordered

Admissibility of evidence of discussions between representatives of Crown and accused concerning possible plea - whether the communication constituted an "admission" made with authority - loss of client legal privilege - inferences to be drawn adverse to accused person from counsel's conduct of committal proceedings.

CRIMINAL LAW - sentencing - Commonwealth offence - importation of heroin and MDMA into Australia - plea of not guilty - jury verdict of guilty - concealment of narcotics in pineapple cans.

PROCEDURE - Pleadings - Leave to file Second Further Amended Summons - Opposition treated as application to strike out or dismiss summarily - PARTNERSHIP - Actions by and against partners - Vicarious liability - Partnership Act 1892, s 10 - Ordinary course of business of solicitors' firm - Partners acting as directors of bodies corporate - Authority of co-partners

INSURANCE - motion to strike out paragraphs of defence - construction of policy - former directors of a company in liquidation claim indemnity for defence costs in proceedings brought against them by ASIC - whether the use of particulars in defence was appropriate - principles applicable in strike out motion

CORPORATIONS [176] - Voluntary administration - General power to make orders - Power of Court to make such order as it thinks appropriate.

Criminal Law and Procedure - Sentence - Adjournment under s 11 of Crimes (Sentencing Procedure) Act unjustified - failure of sentencing judge to find facts before making order - effect of statements by offender in pre-sentence report.

Mediation - Practice and procedure

Murder - plea of not guilty - guilty plea to manslaughter - unlawful and dangerous act - assault - no remorse - no special circumstances

INSURANCE - policy covered subsidiary companies and subcontractors - construction of policy - effect of an exclusions clause and cross liability clause - election - whether insurer elected to grant indemnity by reason of its conduct

CORPORATIONS [196] - Receivers, managers and controllers - Other matters - Application by receiver for directions - Receiver and manager appointed by Court - Whether Court should give approval to settlement of contract.

Family Provision Act - notional estate - daughter inadequate provision during lifetime - surviving spouse - long, happy marriage - balancing of needs - contributions by widow.

CONTRACT - whether there was formation of contract - assignment of legal responsibility for the collapse of scaffolding - determination of damages

CRIMINAL LAW: Sentence appeal - attempt to obtain trafficable quantity of cocaine reasonably suspected of having been imported - offender's role - no question of principle.

COSTS - appeal from Compensation Court - settlement offer - application of Workplace Injury Management and Workers Compensation Act 1998, s115 - whether settlement offer was reasonable - whether there is a discretion to award costs even if offer is reasonable

CORPORATIONS - company in liquidation - proceedings by company summarily dismissed - whether liquidators should be ordered personally to pay defendants' costs

Evidence - Subpoena for production of documents - Public Interest Immunity - Informer - Witness or potential witness - Likely compromise of incomplete but ongoing investigation - Operational orders in respect of completed investigation - Informants Register - Legal Professional Privilege - Legal advice - Dominant purpose - Exceptions to claim for Legal Professional Privilege - Crime fraud exception

Family Provisions Act - de facto widower - long relationship - no provision - matters relevant to establishing relationship - factors warranting.

COSTS - solicitors' costs - witness's expenses - interest - litigant represented at early interlocutory stages, unrepresented at hearing, obtained order for indemnity costs and witness's expenses - consideration of litigant's claim for own time spent in preparation including own affidavits where Court directed evidence in chief to be on affidavit - classified as time spent in preparation (not allowed) and not as part of ordinary witness's fees (allowed under Cachia v Hanes)

CORPORATIONS [340] - Supervision, regulation and correction - Irregularities in proceedings - Extension of time - For winding up application - Meaning of special circumstances - Public interest.

CRIMINAL LAW - severity of sentence - discount for early plea of guilty - discount for assistance to authorities - parity of sentence with co-accused.

CRIMINAL LAW - evidence - whether money seized from home of accused was relevant - admission of conversation between the accused and witness - admission of identification evidence and whether such evidence went to the identity of the accused - CRIMINAL LAW - directions to jury - circumstantial evidence - failure to direct jury as to suspicion of guilt being insufficient - failure to provide direction as to flight - CRIMINAL LAW - severity of sentence - existence of special circumstances

CORPORATIONS - voluntary administration - deed of company arrangement - deed states events in which deed is to terminate but does not say company to be wound up in such events - no transition to winding up on happening of event - not appropriate for court to accept undertaking of sole director to renew administration

Application for interlocutory injunction

PROCEDURE [80] - Supreme Court procedure - Jurisdiction and generally - Other matters - Power to order mediation - Whether power should be exercised over opposition of a party.

CORPORATIONS - managed investment scheme - whether steps taken in closing phases of scheme are "steps to wind up the scheme" - meaning of "winding up" and "operate" qua managed investment scheme

Defamation Act 1974 - s48 - mitigation of damages - case particularised as to another action on publication to same purport or effect - requirement for discovery

Service of Statement of Claim - interstate (ACT) - Supreme Court Rules Pt 11 r 8(1)(c) - Service and Execution of Process Act (Cth) 1992 - declaration

CRIMINAL LAW - summing up - circumstantial evidence - directions - CRIMINAL LAW - evidence - admissibility - immunity sought by accused re offences charged - whether such evidence likely to be unreliable - whether subject to public interest immunity - CRIMINAL LAW - evidence - admissibility - results of execution of search warrant - CRIMINAL LAW - sentencing - maliciously damage property by means of explosives - potential physical injury to other persons - relevance - severity - special circumstances.

Application for security for costs

leave to amend - "strike in" of whole matter complained of - "fresh" imputations - "out of time" as causes of action - - SCR Pt 20 r 4(5)

Criminal law: costs - application under Costs in Criminal Cases Act - whether it would have been reasonable for the prosecution to have instituted the proceedings.

Setting aside default judgment

EQUITY [418]- Specific performance- Order- Purchasers' suit- Purchasers ordinarily may set off costs against purchase money.

Assessment of damages for personal injury.

CORPORATIONS - voluntary administration - application for letter of request to English court - request to be based on declarations of this court as to status of administrators and company - request that English court make such orders as this court may make

CORPORATIONS - voluntary administration - remuneration of administrators where convening period for second meeting of creditors substantially extended - appropriate that committee of creditors fix remuneration

EQUITY - equitable charges and liens - solicitor's "fruits of the action" lien - type of notice of lien necessary before lien can be enforced by equitable claim in personam against someone who has paid away the fund over which the lien exists - type of notice sufficient to enforce lien against someone who presently holds the fund over which the lien exists - PROFESSIONS AND TRADES - lawyers - "fruits of the action" lien - type of notice of lien necessary before lien can be enforced by equitable claim in personam against someone who has paid away the fund over which the lien exists - type of notice sufficient to enforce lien against someone who presently holds the fund over which the lien exists

Criminal Law and Procedure - Sentence - After successful appeal against conviction on three offences, appellant pleaded guilty to two offences - whether resulting sentence excessive in light of reduced criminality.

CRIMINAL LAW -Appeal against severity of sentence - plea of guilty - supply of prohibited drug - methylamphetamine - cannabis leaf - objective criminality - subjective criminality.

Criminal Practice and Procedure - Sentence - Totality - whether cumulative sentences appropriate - whether special circumstances exist for a reduction in the non-parole period.

CRIMINAL LAW - appeal against severity of sentence - break enter and steal - steal from dwelling house - enter dwelling with intent to steal - pleas of guilty.

Criminal Law - sexual offences - delay in complaint - whether warnings and directions adequate - verdicts unsafe.

NEGLIGENCE - no question of principle

PROCEDURE - family provision - costs

CORPORATIONS - liquidation - service of statutory demand by post on registered office and personally - whether statutory demand can also be notice of assignment of debt - scope of s 459S - presumption of insolvency

LEAVE TO APPEAL OUT OF TIME - NO QUESTION OF PRINCIPLE

Corporations - order of disqualification from managing - appeal - whether stay of order pending appeal - case for stay not made out.