Cases and authorities

Contract - construction - no question of principle.

Criminal law: sentence - ongoing supply of cocaine and supply of cocaine - cumulative sentences - whether total sentence excessive.

CONVEYANCING - rectification - omission in drafting and execution of contract of 5 metre strip - land to be conveyed misdescribed

CORPORATIONS - provisional liquidation - postponement of hearing of winding up application - relevant considerations

Confidentiality - relationship between s34 Ombusdman Act 1974 and s164 Police Service Act 1990 - admissibility of statement taken in course of investigation of complaint

EQUITY - solicitors - business dealings with clients - EQUITY PROCEDURE - bill of review for fresh evidence - whether still available - EVIDENCE - requirements for fresh evidence - PROCEDURE - court has no power to reconsider perfected judgments - SOLICITORS - business dealings with clients

Plea of guilty - "under pressure" - sentencing - miscarriage - inclusion of life sentence offence in Form 1 - Crimes (Sentencing Procedure) Act 1999 s33(4)

Criminal law - robbery - unsafe and unsatisfactory - identification - circumstantial evidence

Criminal law - sexual intercourse without consent - relationship evidence - distress - warnings

Criminal law - sentence - appeal - necessity for sentence to reflect in parole period - entry into long term strict regime rehabilitation from drug addiction.

weight given to plea of guilty - culpability - circumstances of protective custody

Tort - negligence - personal injury - collision between motorcycle and motor car - absence of direct testimonial evidence - difficulty of ascertaining relevant facts - Evidence - expert opinion evidence - Evidence Act 1995 (NSW) s 79 - expert reports - admissibility - requirement that opinion be based on assumptions capable of proof by admissible evidence - Practice - tendering of expert evidence - where called early in party's case - where not in satisfactory form - objections to evidence - time appropriately taken - appropriate procedure where objection taken after close of plaintiff's case - failure to follow - consequences - D

Personal Injury - Motor Accidents Act - Fox v Wood - whether trial judge failed to take into consideration medical reports - assessment of damages - appeal dismissed with costs.

Workers' Compensation Act 1987 - estoppel - whether appellant is estopped from bringing proceedings as a result of a determination under s 151Z(2) of the Workers' Compensation Act - appeal allowed.

LANDLORD AND TENANT - determination of rent under review clause of lease - whether determination of valuer was in accordance with the lease - negligence - D

Wills - Application by executor for judicial advice - Procedure not appropriate where controversial questions of fact or construction are involved - Testator was an undischarged bankrupt - Whether payment by insurer under a life policy forms an asset of the estate - If an asset, how should it be dealt with by executor - Appropriate procedure - Infant beneficiaries.

Sentence - robbery - parity - offence committed shortly after release to parole - principle of totality - relevance of earlier sentence

CRIMINAL LAW - murder - appeal against convictions - further evidence - whether miscarriage of justice - principles to be applied whether or not fresh evidence - principles to be applied if fresh evidence - whether fresh evidence. CRIMINAL LAW - murder - appeal against convictions - whether misdirection on contemplation required for joint criminal enterprise - contemplation of killings not of crimes. CRIMINAL LAW - murder - appeal against convictions - whether failure to leave defence of provocation or self defence to the jury - realistic possibility as opposed to speculation. CRIMINAL LAW - murder - appeal against convictions - whether failure to give direction that guilt the only rational conclusion - no overarching requirement to give direction - directions concerning proof beyond reasonable doubt sufficed. CRIMINAL LAW - murder - appeal against convictions - whether convictions unreasonable - whether it was open to jury to be satisfied beyond reasonable doubt that appellant was present at crime scene - reliability of evidence of witness - compromised credibility and inconsistency with other evidence considered. inconsistent or otherwise incorrect.

CRIMINAL LAW - sentencing - manufacture a large commercial quantity of a prohibited drug (methylamphetamine) - supply a large commercial quantity of a prohibited drug (methylamphetamine)

TORT - professional negligence - respondent failed to commence proceedings in prescribed time and failed to seek leave to commence proceedings out of time - whether more than one cause of action - continuing duty - CONTRACT - breach of duty under retainer - DAMAGES - general principle - discretion to discount award for the possibility that leave to commence out of time may have failed.

PERSONAL INJURY - assessment of damages - whether trial judge provided reasons for rejection of plaintiff's evidence - whether trial judge failed to give weight to evidence of independent witnesses - whether trial judge erred by failing to award damages for past economic loss although he allowed for future economic loss - PRACTICE - damages paid under verdict later set aside on appeal - in the District Court can these sums be offset against damages awarded on retrial - should there be a counterclaim - can the counterclaim be made nunc pro tunc after verdict announced in the retrial

CRIMINAL LAW - sentencing - break, enter & steal - break-in of a city jewellery store - large amount taken.

REAL PROPERTY - partition of land - sub-division - original portion divided by road sub-divided into two lots shown on Deposited Plan - one of the two lots divided by the road - plan lodged for registration of that lot into two lots in accordance with road division without sub-division certificate - whether sub-division plan or identification plan

Appeal decision of costs review panel and costs assessor

Appeal from Local Court - Denial of natural justice - Opportunity to make submissions

Sentence for murder - S 23A Crimes Act 1900 - Defence of substantial impairment by abnormality of mind so substantial as to warrant liability for murder being reduced to manlaughter unsuccessful - Finding on sentence that the offender had a substantial impairment by abnormality of mind although not so substantial as to warrant liability for murder being reduced to manslaughter, not inconsistent with jury verdict. - Offender's status as nonresident resulting in likely deportation upon release to parole, not a factor which operates to deprive him off variation of statutory ratio to increase period of parole under s 44(2) of Crimes (Sentencing Procedure) Act 1999.

PRACTICE & PROCEDURE - admissibility of evidence - rulings in advance of trial - undesirability

CRIMINAL LAW - application for leave to appeal against sentence - aggravated dangerous driving causing grievous bodily harm - where plea of guilty - whether sentencing judge took into account the utilitarian value of the plea

Criminal law - sentence - appeal - paedophile - offences against young girls - appropriate commencement date for sentences - offences committed while on parole - special circumstances found - need to reflect them in parole period.

CRIMINAL LAW - Crown appeal against leniency of sentence - armed robbery - where blood-filled syringe produced - CRIMINAL LAW - Crown appeal against leniency of sentence - armed robbery - consideration of mental illness of offender.

Criminal law - robbery - demand money with intent to steal - Crown appeal - cross roads

Appeal from an interlocutory judgment in which it was found in favour of the respondent - question of contributory negligence issue.

Appeal due to the amount awarded.

COMMERCIAL - maintenance and champerty - retainer agreement between solicitors and clients provided for payment of a percentage of any damages recovered in a litigation matter - negotiation between solicitors, clients and litigation funder - further agreement between solicitors and liquidator securing the time costs of the solicitors - application of the Legal Profession Act 1993 and Maintenance and Champerty Abolition Act 1993 - discussion of the common law of champerty - whether agreements were contrary to public policy - whether recovery on quantum meruit is permissible - whether the common law position in regards to enforceability of champertous agreements has been changed - whether commencement of multiple proceedings amounted to an abuse of process.

Negligence - respondent slipped while stepping up tiered seating area at swimming pool - where intermediate steps available but not used by respondent - where Council aware tiers sometimes used as steps - Duty of care - foreseeability of risk - where risk obvious - likelihood that persons would take care for own safety - low probability of risk occurring - - Reasonable care - expert evidence - adequacy of 'nosing' on tiers - whether Council unreasonable in not doing more. Appeal allowed (D)

CRIMINAL LAW: sentence - murder - second offence - offender influenced by others - significant assistance to authorities.

Review decision of Registrar - Discovery - Interrogatories

Family Provision. Application for provision by two foster children of the decased. Children well provided for in lifetime of deceased. A large estate with few competing claims. Orders for legacies.

Evidence - Tendency evidence - Similar fact evidence - Relevance - Probative value of evidence - Remotely relevant evidence - Comparison of tests under s 101 and s 135 of Evidence Act - Evidentiary onus - Contrast between prejudice and unfair prejudice

LAND AND ENVIRONMENT COURT - local council - unauthorised dumping of waste material without development consent - whether development consent required - ND

CRIMINAL LAW - sentencing - armed robbery - blood filled syringe

CORPORATIONS - provisional liquidation - powers - whether approval should be given and directions made for provisional liquidator to enter into further arrangements with Commonwealth

Criminal law - sentencing - murder

Defamation - defences - s13, s22 - common law qualified privilege - damages

Criminal law - sentence - appeal - two offences of robbery in company - no challenge in court of trial to evidence in Crown case of role of applicant in second robbery - evidence of applicant of lesser participation than as alleged - evidence not tested due to lack of earlier challenge - trial judge's finding adverse to appellant not in error - multiple robberies in packs, of random young victims by cruising through suburbs deserving of severe sentences notwithstanding rehabilitation prospects.

Sentencing - severity appeal - conspiracy to supply a prohibited drug (heroin) in an amount not less than a large commercial quantity - appellant classified as "middle management" - whether manifestly excessive.

Criminal law - appeal - sentence - ongoing supply of drugs MDMA - youth - nature of dealings - special circumstances - no error - appeal dismissed.

APPEAL AGAINST SEVERITY OF SENTENCE - armed robbery - whether adequate weight given to special circumstances when found - whether failure to give weight to mitigating subjective features of offender - APPEAL AGAINST SEVERITY OF SENTENCE - armed robbery - use and discharge of firearm - APPEAL AGAINST SEVERITY OF SENTENCE - particularisation of error on appeal - wide discretion reposed in sentencing judge