Cases and authorities

Writ of Habeas corpus - extradition - legal proceedings under Extradition Act 1988 exhausted - Attorney General considering whether to extradite - applicant convicted in Indonesia in absentia - whether autrefois convict - whether extradition charges extant - whether jurisdiction of Supreme Court to issue writ excluded - applicant dying of cancer - jurisdiction of grant bail pending hearing

Succession - Family Provision - Claim by adult niece - Proceedings out of time - Applicant must place before the Court as fully and as frankly as possible details of her financial and material circumstances - Applicant swore an affidavit containing false information concerning those circumstances with deliberate intention of misleading the Court and the Defendants - Applicant sought and obtained by consent interlocutory injunctive relief upon the basis of that deliberately false and misleading evidence - That false and misleading evidence is not determinative of the applicant's claim - Whether applicant has been left without adequate provision for her proper maintenance - Competing claims of beneficiaries.

Evidence - Unfavourable evidence - What may constitute unfavourable evidence - Includes evidence that may be unfavourable to Crown - Leave to cross examine witness, flexible approach required - Prior inconsistent statement - Time when made - Prejudicial - Unfairly prejudicial - Prejudice - Unfair prejudice - Effect of "is to take into account"

CORPORATIONS - unregistered managed investment scheme in course of winding up pursuant to s.601EE by receiver appointed by court - application by receiver for direction as to appropriate method of distributing surplus - jurisdiction to give such direction - need for order under s.601EE(2) causing defined basis of winding up to apply - relevant guidance from termination provisions of trust deed - allocation of loss among investors having "beneficial interest" in differing underlying investments where loss attributable to some investments only.

EVIDENCE - facts excluded from proof - hearsay - exception for first hand hearsay under s 63(2)(a) Evidence Act 1995 - evidence needs to be in substance stating what was the previous representation - EVIDENCE - facts excluded from proof - evidence relevant to credibility of witness - interrelationship of s 55 and s 102 Evidence Act 1995

Criminal law - parity of sentence - good character

Personal Injury - failure to provide adequate supervision - appeal dismissed with costs.

INTERPRETATION OF INSTRUMENTS - Rules of construction - Apparently inconsistent provisions D

WORKERS COMPENSATION - Injury on journey - Fault of worker - Whether risk of injury materially increased for a reason connected with the worker's employment - APPEAL AND NEW TRIAL - When appeal lies - Question of law - Whether finding available on the evidence.

SUCCESSION - FAMILY PROVISION - Application by former wife of deceased - Dismissed by primary judge - No error shown.

Sentencing - grave instances of aggravated robbery and maliciously inflicting grievous bodily harm with intent - sentences not excessive

CORPORATIONS- Liquidators- Independence- Alleged conflict of interest and lack of independence through retainer of solicitor also acting for two directors- Discussion of Re Allebart Pty Ltd (in Liq)- Necessity that independence and impartiality both exist and be seen to exist- Burden on plaintiff to show cause why liquidator should be removed- Due cause to be measured by "the real, substantial, honest interests of the liquidation".

Appellant convicted of knowingly receiving overpayments of Social Security benefits - basis upon which overpayments calculated - extent of knowledge required.

Criminal law - appeal against conviction and sentence - sexual offences - identification - DNA evidence - coincidence or similarity evidence - evidence on some counts admissible on all - evidence direct on some counts, on others circumstantial - directions on coincidence evidence - no miscarriage - sentence appropriate.

Drug offences - supply prohibited drug - actual supply and deemed supply - whether evidence supported verdicts - depends on facts. ND.

Criminal law - evidence of indentification parade - whether properly admitted - Criminal law - DNA evidence - whether properly admitted - Criminal law - DNA evidence - whether appropriate database used

Criminal law - sentence - appeal - drug importations - middle range drugs - limited evidence of role - application of Olbrich v. The Queen - sentences within range of valid discretion.

Negligence - quantum of damages - medical negligence when doctor prescribed hormone replacement therapy in place of contraceptives - plaintiff fell pregnant and underwent a termination - psychological effects of termination and mental injury - whether consequences of negligence were exaggerated - contradictory evidence of cause of mental injury - failure to call one treating psychiatrist at trial - failure to inform treating psychologists and psychiatrists of other treatment - whether trial judge erred in assessing the true impact of the tort. (ND)

DAMAGES - injuries sustained by school student - challenge to trial Judge's findings on damages - distinction between general damages and special damages - future economic loss/ reduced earning capacity - medical expenses - new trial rejected

Damages - Griffiths v Kerkemeyer - Past Economic Loss - General Damages - Failure to Award Interest

EVIDENCE - cross-examination - trial Judge's refusal to allow further cross-examination on credit - incriminate witness - credit findings - Evidence Act 1995, s128 - INTEREST - compound interest - quarterly rests - Supreme Court Rules 1970, Schedule J - commercial rates of interest

[ARBITRATION] - Application for leave to appeal from the Interim Award of an Arbitrator - Whether there is a manifest error of law on the face of the Award - Whether the proper determination of the question of law concerned could substantially affect the rights of the Plaintiff in the Arbitration proceedings.

Practice. Application for preliminary discovery against newspaper publisher and journalists who received information concerning allegedly confidential discussions in board room of the plaintiff in order to establish the name of the person disclosing the information. Orders made for examination and production of documents. Constitutional law. Whether Part 3 r 1 of the Supreme Court Rules is compatible with the implied constitutional freedom of discussion of political and governmental matters. The newspaper articles which were said to be the relevant discussions were not a discussion of political or government matters and thus the question does not arise. Evidence. Discretion under s 126B of the Evidence Act. Held that the section applies to a journalist but in the circumstances of the case the interests of justice require the disclosure of the journalists' sources.

Costs judgment

Family Provision. Claim by a daughter. Inadequate evidence of needs. Small legacy provided. No matter of principle.

CORPORATIONS - liquidation - approval under s 477(2B) of litigation funding agreement - agreement to fund examination of former directors, with option for financier to take proceedings - relevant considerations, including extent to which liquidator must have investigated potential causes of action

CORPORATIONS - receiver and manager appointed under instrument of charge - application for directions - whether court should give direction that receiver is justified in entering into agreement for sale of assets - whether court should give direction that it would not be unlawful for receiver to enter into agreement notwithstanding that purchaser is owned and controlled by appointor of receiver

CORPORATIONS - constitution - replaceable rules - whether a company is required to act on a requisition to call a general meeting to consider resolutions for the appointment of directors when constitution gives power to members at annual meeting to appoint directors - whether company required to call meeting for removal of directors if that would result in company having less than number of directors required for public company

Summary judgment - extension of limitation period

Sentencing - suspended sentence - breach of conditions - approach required under s.99 of the Crimes (Sentencing Procedurre) Act 1999

Criminal law - parity of sentence

Criminal law - aggravated dangerous driving occasioning death - aggravated dangerous driving occasioning grievous bodily harm - aggravating features

Appeal against assessment of damages.

Defamation - imputations - form - capacity - difference in substance

Sentencing - inadequate weight given to offender disclosing offences - mis-application of Pearce v The Queen - multiple offences - insufficient weight given to subjective features - service of sentence in protection

Practice - Pleading - Application by Plaintiff to file further amended statement of claim - Application by Defendants for dismissal of proceedings - Identical issues already determined in other proceedings (in which Plaintiff was not a party) - Anshun estoppel - Statutory claim raises identical issues - That claim is statute barred - Whether proposed pelading is embarrassing.

PROCEDURE - compulsory mediation - factors relevant to order for compulsory mediation - property dispute among close family members - mediation ordered

Defamation - multiple defendants - liability for publication - requirement for proper pleading and particularization - identification - imputations - capacity

Evidence - Undue waste of time - Not all time spent involves a waste of time - Not all waste of time is undue - Unfairly prejudicial - Not all prejudice is unfair - Nature of evidence and of proceedings is relevant - Discretion.

Defamation - contextual truth - defendant's imputations bad in form - incapable of being carried

EQUITY - general principles and maxims of equity - interest payable when late performance of equitable personal obligation - effect on payment of interest of payee's conduct causing the delay in performance of equitable personal obligation - appropriate rate of interest - SUCCESSION - EXECUTORS AND ADMINISTRATORS - proceedings to enforce transfer of specific devise of land - construction of will needed to decide plaintiff's entitlement to the devise - whether costs of proceedings are testamentary expenses - principles in accord with which costs of litigation concerning deceased estates are awarded - how those principle interact with rules for order of application of assets in administration of estates - present status of practice established by Patching v Barnett [1907] 2 Ch 154 - present status of approach to costs based on Roberts v Graham (1917) 17 SR (NSW) 676 - PROCEDURE - costs - litigation concerning construction of will

Legal practitioner - failure to inform injured client of time limit for commencement of common law proceedings without leave - whether breach of duty - whether plaintiff's loss causally related - Legal practitioner - commencement of common law proceedings after expiry of statutory time limit and without leave, extinguishing rights under Workers' Compensation Act - whether breach of duty - Legal practitioner - delay in commencing application for leave to commence common law proceedings - whether breach of duty - Legal practitioner - failure to explain delay in filing application for leave to commence common law proceedings - whether breach of duty - Legal practitioner - manner of preparation of application for leave to commence common law proceedings - whether breach of duty

Set aside judgment, income tax - s 95 interest calculations

Workers Compensation Act 1987 (NSW) - s151Z(d) - workers compensation payments - interest

MOTOR VEHICLE ACCIDENT - time limit to commence proceedings for damages expired - application to extend time sought - whether evidence established a 'full and satisfactory' explanation for the delay - whether threshold likely to be met - prejudice to the claimants - ND

Application for prerogative relief - employment dismissal - alleged breach of Code of Conduct - harassment - whether the Second Tribunal used the First Tribunal's reasons as a template - summons dismissed with costs.