Cases and authorities

EQUITY - injunctions - injunction restraining resort to proceedings elsewhere - "anti-suit" and "anti-anti-suit" injunctions

LOCAL GOVERNMENT - REAL PROPERTY - compensation for injurious affection - whether right to claim extinguished by repeal of provision creating the right - whether claim within prescribed time limit

Tort - negligence - personal injury - employer's liability - independent contractor -fall from ladder in course of work - reasonable foreseeability - duty of care - breach - relevance of plaintiff's experience - Contract - implied term - contractual duty of care - Tort - breach of statutory duty - sufficiency of evidence to support claim of - D

CRIMINAL LAW AND PROCEDURE - Criminal liability and capacity - self-defence - relevance of the accused's self-induced intoxication.

[SECURITY FOR COSTS] - Three of six plaintiffs resident outside the jurisdiction - One of six plaintiffs not impecunious - Whether jursidiction to make orders for security against other impecunious plaintiffs - Whether impecuniosity caused by the defendants - No claim that security would stultify litigation - Aim to provide adequate protection to defendants without unfairly prejudicing the plaintiffs.

CONTRACT - hire of scaffolding - TJF managed yard from which scaffolding which had been hired to Rildean by Investors was hired out to builders - series of agreements regulated their relationship, recovery of hire charges and return of scaffolding - Rildean claimed that TJF had also converted Rildean's own stock of scaffolding - this claim failed on the facts - TJF claimed return of Investors scaffolding to TJF under contractual agreement between Rildean and TJF to do so - specific delivery was refused and TJF recovered judgment for damages to be assessed.

Strike out cross claim - want of prosecution

CORPORATIONS - liquidator's periodic accounts - abridgement of reporting period - desirable that group companies in liquidation have common period

CONTRACT - vendor and purchaser - lease granting option to purchase - subdivision consent - court management of specific performance - parties agreeing to private easement over pipes for facilities - public utility requiring new connections - whether vendor did everything reasonable to have subdivision plan registered within time specified in contract for sale - whether vendor's obligation is complied with by showing that non-compliance arises from some failure of an independent contractor - rescission. (ND)

NEGLIGENCE - motor accident - causation - whether negligence caused relapse into heroin addiction - plaintiff had a history of heroin dependency for some years prior to the accident - whether evidence capable of establishing causation. - QUANTUM - whether trial judge adequately took into account the plaintiff's predisposition to heroin abuse - prospects for the future - economic loss - diminution of earning capacity - s 70A Motor Accident's Act 1988. - (ND)

LEASE - proper construction of a clause in lease which provided for its termination in the event that plaintiff wishes to carry out work on the hotel building - definition of "Termination Date"

Family Provision. - Application by adult son who received almost one half of the estate. Balance of estate left to his sister. Application dismissed. No matter of principle.

Local Government - whether a Council entered into contract with property owners - whether a proposed arrangement was the proper subject matter of contract - whether an order of specific performance should be refused on public interest grounds

Crown employment - held "at the pleasure of the Crown" - right of Crown to dismiss at will, without reason - procedural fairness - removal "at any time" - meaning of "at any time" - irrelevant considerations - damages

PROBATE- Suspicious circumstances- Weight of the onus raised- Meaning of the requirement to prove "the righteousness of the transaction"- Effect on gift of wife of legatee being a witness- Exclusion of solicitor drawing will from contact with his client- Secrecy- Only interested persons present when will executed- Whether subsequent failure to reveal the will was relevant, having regard to dicta of McPherson JA in Thompson v Bella-Lewis- Authorities as to costs orders in such a case- Probate refused, but costs to be paid out of residue.

PRACTICE AND PROCEDURE - application for leave to appear as a McKenzie friend - general rule - policy considerations - good grounds required to be shown before Court will grant leave - application dismissed. D

CONTRACTS - option agreement - whether an extension of the call option period was granted - whether silence amounted to the granting of the extension

Extension of time to commence proceedings - ss 60G & I Limitation Act - Voyager/Melbourne collision

CORPORATIONS - deed of company arrangement - deed gives priority to creditors who would have priority under s 556(1) in a winding up - whether claims by former employees to redundancy payment have priority under deed - relevance of negative determination by Commonwealth Department under 'GEERS' scheme

CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - Australian Standard General Conditions of Contract AS2124-1992 - Position of superintendent - Whether agent of principal - Whether power to extend time continues after termination of contract - Whether builder's entitlement to payment for variation depended on compliance with clause 40.2 - TRADE PRACTICES - Misleading conduct - Must be apt to mislead in some non-trivial respect - Non-disclosure by principal of agreement with superintendent - Agreement, on true construction, has no relevant impact on exercise of superintendent's functions - Circumstance that commercial people may think otherwise does not make non-disclosure misleading - Whether misleading conduct either by "doing" or "refraining" - Significance of non-disclosure being "inadvertent".

WORKERS COMPENSATION ACT 1987 (NSW) s 4(a) AND s 9A(1) - IN THE COURSE OF EMPLOYMENT - SUBSTANTIAL CONTRIBUTING FACTOR

COSTS - order for costs of appeal - beneficiary of order seeks further order for payment of a fixed sum for counsels' fees instead of assessed costs - discussion of power to make further order - whether power should be exercised. D.

Appeal against claim for damages for wrongful arrest, false imprisonment, malicious prosecution and negligence.

LIMITATION OF ACTIONS - extension of time - appeal against grant of extension under s60G Limitation Act 1969 - cause of action to recover damages for injury to shoulder - whether applicant was aware of nature and extent of that injury more than 3 years before applying for extension - 601(1)(a)(ii), 601(1)(b) - APPEAL AND NEW TRIAL - points not taken below - appeal against grant of extension of time under Limitation Act - argument on appeal but not in court below that delay inordinate and gave rise to actual prejudice. D

CORPORATIONS LAW - calling of general meeting by directors when requested by members under s249D of the Corporations Act - plaintiff seeks relief by way of an order under s1322(4)(d) extending time for the calling of the meeting and the holding of that meeting so that the resolutions can be put at the annual general meeting - the grounds for an extension include cost, inability to comply with statutory times and time between earliest possible time for special meeting and annual general meeting being two months

Voir dire - admissibility of certain answers in ERISP - Crimes Act 1900 - Part 10A - vulnerable person - impaired intellectual functioning

Barrister - Bankrupt - Fit and proper to hold a practising certificate - Relevance of character

Product Liability - Legal Causation

PROTECTED ESTATES ACT - appointment of a manager of the estate of a protected person - conflict of interest where proposed manager who is a financial advisor, will earn fees as a result of the investments made through his management

Apportionment of costs - Supreme Court Rules Part 52A Rule 33

Appeal against sentence-special circumstances-objective seriousness of crime

APPEAL ALLOWED IN PART - NO QUESTION OF PRINCIPLE

Application for leave to appeal from a decision where granted leave to commence proceedings although out of time.

MEDICAL PRACTITIONERS - Medical Tribunal - Appeal - Finding of unsatisfactory professional conduct - Whether error of law - Whether appellant afforded procedural fairness - Whether error of judgment constituted unsatisfactory professional conduct.

SUCCESSION - EXECUTORS AND ADMINISTRATORS - application under Forfeiture Act 1995 - Court's role when parties agree what orders should be made

Criminal law - appeal against conviction - sexual assaults - cogency of fingerprint evidence - whether Longman direction required - whether fresh evidence by independent fingerprint expert should be admitted.

Appeal decision of registrar - access to police records in civil proceedings

CRIMINAL LAW: Appeal from Local Court - informations under s 80(c) of the ICAC Act - prosecution relying on answers given at ICAC hearing - whether subject to protection of s 37(3) of Act.

Criminal law: sentence - armed robbery - home invasion - sentence above Henry guideline.

CRIMINAL LAW - EVIDENCE - admissibility of evidence of conversation obtained contrary to Listening Devices Act 1984 - Whether transcript of evidence before Royal Commission was evidence of the conversation - CRIMINAL LAW - prohibited drugs - incitement to supply - Whether tehre can be incitement to supply to oneself

CRIMINAL LAW - conspiracy - to prevent, obstruct or dissuade witnesses from attending trial - circumstantial evidence - evidence of agreement - other possible illegal acitivity - object of conspiracy not established - verdicts of guilty unreasonable.

Criminal law - appeal - sentence - robbery in company - application of guideline judgment in Regina v. Henry - sentence excessive having regard to objective circumstances.

TORT - negligence - subcontractor commissioned to carry out maintenance work - fell from an awning - whether contractor owed a special duty of care to subcontractor - whether contractor had a duty to warn subcontractor of risks - liability of occupier - ND

Costs - plaintiff unsuccessful in principal proceedings, defendant unsuccessful in cross-claim - little or no separate evidence directed to cross-claim - plaintiff ordered to pay defendant's costs of entire proceedings - plaintiff's case found to be based on fabricated evidence - indemnity costs ordered - application for non-party to pay defendant's costs - whether the proceedings were an abuse of the process of the Court - whether costs should be awarded against a non-party who purported to commence the proceedings as an authorised director of the plaintiff - discretionary considerations involved - costs order made against non-party.

Application for Declaration as to new application of Act-Powers of Statutory Tribunal-relationship of Crimes Act and Child Protection (Prohibited Employment ) Act 1998- Prerogative relief-relationship of Court with Industrial Relations Commission-comity