Cases and authorities

Environmental planning instruments - whether public notice of draft local environmental plan misleading - failure of the notice to state purpose of the plan regarding height restriction - when notices are given of two separate plans - whether second plan which is silent on the restrictions should be considered in the context of first which is not - validity of public notice - Statutes - statutory interpretation - whether instrument made in excess of power - whether invalid provisions in the plan could be servered and the remainder be declared valid - principles. Environmental Planning and Assessment Act 1979 s66, Interpretation Act 1987 (NSW s 32. D

Appeal decision of Residential Tribunal - screen door

Practice and Procedure - Costs - Security for costs - Funding arrangements - Principles applicable

Corporations Law. Application to set aside statutory demand under s 459G of the Corporations Act. No genuine dispute. Consideration of whether the court should determine a short point of construction.,

Appeal and cross-appeal in relation to damages recovered for injuries received.

CRIMINAL LAW - sentence - Crown appeal against leniency - whether sentences manifestly inadequate - detaining for advantage, aggravated robbery, aggravated sexual assault - whether adequate weight given to totality - whether method of accumulation appropriate.

Criminal law - appeal against sentence - take part in supply of large commercial quantity of heroin

CRIMINAL LAW - appeal against refusal to have minimum and additional terms determined to replace life sentence - Sentencing Act 1989 s 13A(4) - whether judge erred in deciding that the appellant was eligible to make an application under the Act - whether the Judge applied wrong test for establishing "special reasons" pursuant to s 13A(3A) - meaning of "special reasons" - whether Sentencing Legislation Further Amendment Act 1997 No 6 invalidly vests functions in the Court incompatible with the exercise of Commonwealth judicial power by that Court - whether "special reasons" are too difficult to establish - whether Act usurps judicial power - whether legislation covering a small class of people is invalid - principles.

Conflict of laws - choice of law in tort - defendant company incorporated in New Zealand - plaintiff natural person resident in New Zealand - plaintiff employee of defendant - plaintiff suffering tortious injury during course of employment on defendant's barge - barge sailing under New Zealand flag - vessel wholly within Australian territorial waters - anchored in harbour unloading coal - whether law governing dispute Australian or New Zealand law - Conflict of laws - forum non conveniens - factors persuading court whether to dismiss Notice of Motion or to grant permanent stay of proceedings - Courts - precedent - doctrine of stare decisis - relevance of non-binding foreign authority where no binding authority obtains - D

WORKERS' COMPENSATION - whether Compensation Court had jurisdiction to entertain claim - worker a jockey - injury in New South Wales on journey to employment in Queensland - extra-territorial operation of Workers Compensation legislation - need for relevant factual connectors with New South Wales - nature of relevant connectors - whether connectors are to be between employer and State - whether connectors confined to examples set out in WorkCover Authority (NSW) v Billpat Holdings Pty Ltd - relevant connectors found - D

PRACTICE AND PROCEDURE - application for leave to appeal the refusal to grant interlocutory relief - exercise caution in allowing leave from interlocutory applications - Class 4 application, Land and Environment Court - permit to remove Aboriginal relics - National Parks and Wildlife Act 1974, s87

Criminal law - sentence - manslaughter - malicious wounding - excessive self-defence against robbers - offender on parole - possession of unregistered firearm dealt with on Form 1 requires more than minimial regard - prospects for rehabilitation - appropriateness of backdate - special circumstances - 50% non-parole period - application of Regina v. Pearce.

Imputations - capacity - form

Criminal law - Crown appeal - affray - discretion to dismiss

Pleading - statement of claim - "strike in" application - test for determining whether omitted portions should be pleaded - reasonably capable of materially altering complexion of imputation - "transient" television program

Criminal law - trial - judge alone - murder - maliciously damage by fire - defence of mental illness - special verdict

Section 151C WCA - notice of claim 6 month period: mandatory or discretionary

Sentence appeal - Drug importation - Heroin - More than commercial quantity - Applicant more than mere courier - Not necessary to identify precise nature of applicant's involvement in criminal enterprise - Plea of guilty - Appropriate discount in Commonealth case - Detailed comparison of instant case with another different case unhelpful

Tort - negligence - Motor Accidents Act 1988 (NSW) - plaintiff deceased - action brought by estate - Procedure - limitation period - Motor Accidents Act 1988 (NSW) - survival or extinction of claim under Limitation Act 1969 (NSW) s 14(1)(a)-(b) - whether "loss of entitlement to claim" - sufficiency of evidence to determine question - factual characterisation - Practice - Supreme Court Rules Part 51 r 4B(1)(g) - concurrent hearing of application for leave to appeal and appeal - preparation of White Book - requirement that White - ND

PROCEDURE - Discovery - Notice to Produce - Expurgated portions of transcript of examinations - Forensic purpose - Propensity to make unbalanced and irrational statements - Fishing - Cross-examination as to credit - Proceedings for pecuniary penalities and disqualification.

Criminal law - special hearing - issue of mental illness.

CONTRACT - construction of contractual provision - Deed of Release of litigation provided for payments by former employer ALC to APC parties, which meant APC Company and two principals who were former employees of ALC - cl.3 authorised deduction of amount of liability "in the event that ALC is liable to make any payment under the Income Tax Assessment Act in respect of any money payable under this clause" - ALC claimed to make deductions on basis that settlement moneys were Eligible Termination Payments as defined in s.27A(1) of ITA Act 1936 - on the facts, the payments were not ETP as defined. - INCOME TAX - Eligible Termination Payment - application of definition to the facts.

[INSURANCE] - Relationship between ss 40 and 54 of the Insurance Contracts Act 1984 (Cth) - Whether insured entitled to indemnification under a claims made policy with no deemed claims clause in circumstances where claim is made outside period of insurance and no notification of the claim given to the insurer during the period of insurance.

ASSOCIATIONS AND CLUBS - incorporated associations - expulsion procedures - natural justice - relationship between association rules and natural justice - whether rules can exclude natural justice - locus standi of association member to seek court relief concerning expulsion resolution

CONTRACTS - consumer protection - work and labour - installation of kitchens - work not completed - frequent breaches

NEGLIGENCE - rubella during pregnancy - whether duty of care owed by the medical practitioner attending on mother to child subsequently born - if so, content of duty - child born profoundly disabled due to rubella virus - whether breach of duty of care to child - causation of infection in utero not by reason of neglect on part of defendant. "WRONGFUL LIFE" claim - whether maintainable - impossibility of determining whether "damage" suffered - impossibility of assessing compensatory damages - public policy considerations.

CORPORATIONS - liquidation - proceedings by liquidator for recovery of unfair preferences - whether multiple claims can be brought against many defendants - whether claims can be brought in respect of more than one company in liquidation

NEGLIGENCE - parents undergo IVF procedure - parent with AT3 deficiency - failure by those conducting programme to investigate and to advise parents in relation to that AT3 deficiency - whether duty of care owed by those conducting IVF programme to child conceived - if so, content of duty - child born with AT3 deficiency - subsequent thrombosis - whether any breach of duty of care to child - causation of disabilities - AT3 deficiency of genetic and not iatrogenic origin. NEGLIGENCE - doctor who treated mother during pregnancy following IVF procedure - whether duty of care owed to child subsequently born - whether breach of duty to child - causation of disabilities. "WRONGFUL LIFE" claim - whether maintainable - impossibility of determining whether "damage" suffered - impossibility of assessing compensatory damages - public policy considerations.

NEGLIGENCE - failed vasectomy - whether duty of care owed by medical practitioner performing procedure to child subsequently conceived - if so, content of duty - child born disabled - whether breach of duty to child - causation of disabilities - disabilities genetic and not iatrogenic. "WRONGFUL LIFE" claim - whether maintainable - impossibility of determining whether "damage" suffered - impossibility of assessing compensatory damages - public policy considerations

Customs Act, (1901) sections 233(1)(a), 234(1)(a), 234(1)(d)(ii), 233AB, 234(2), 234(3) - smuggling - evasion of duty - false statement - summary judgment

PRACTICE AND PROCEDURE - application to amend statement of claim - whether Court has jurisdiction to grant leave to amend under Supreme Court Rules where originating process was statute-barred

Criminal law - Customs Act 1901 (Cth) s 233B - importation of prohibited goods -narcotics - heroin - appellants convicted at trial - appeal against conviction and sentence - Courts - jurisdiction - inherent powers - acts of Commonwealth marine vessel in pursuit of appellants' vessel - pursuit of compulsive nature - whether nature of pursuit deprived court of jurisdiction - whether proceedings an abuse of process - Evidence - admissibility - Evidence Act 1995 (NSW) s 138 - discretion to exclude illegally or improperly obtained evidence - whether seizure and search of marine vessel within Australian waters unlawful or irregular - whether evidence so obtained colourable by any such unlawful or irregular conduct - whether admission of evidence a miscarriage of discretion - Constitutional law - judicial powers - Constitution Act 1901 (Imp) s 71 - whether power of Director of Public Prosecutions under Crimes Act 1914 (Cth) s 21E to apply to Court for increase of sentence an exercise of Commonwealth judicial power - Evidence - admissibility - Evidence Act 1995 (NSW) s 102 - whether evidence of undertaking relevant only to a witness' credibility - evidence of witness' status - Criminal law - sentence - serious drug offences - life term without parole - principles relating to orders for

CRIMINAL LAW - PROCEDURE - Appeal - Extension of time - Fresh evidence - Evidence and findings of Police Royal Commission - Whether sufficient - Error in summing up disclosed by later judicial decisions - Considerations relevant to whether extension of time granted.

Section 11 Civil Aviation (Carriers Liability) Act 1959 - damage to goods - whether Chapter 3 Articles 18 and 22 applied - whether Clause 4 of the House Airway Bill operated to limit the carrier's liability for negligence - appeal allowed.

Corporations Law. Application to set aside statutory demand under s 459G of the Corporations Act. Claim that s 14 of the Building and Construction Industry Security of Payment Act 1999 meant that there was no genuine dispute. Held s 14 did not affect the matter and demand set aside.

CORPORATIONS - de-registration and re-instatement - companies de-registered more than 15 years ago - whether 15 year time limit for application to re-instate under s 459 of the Companies (NSW) Code applies

CONVEYANCING - Between contract and conveyance - Statutory Protection of Purchasers - Section 149 Certificate - Non-disclosure of Council Policy on flood-prone land - Breach of warranty - Recission - Return of deposit - Conveyancing Act 1919, s 52A(2)(b) - Conveyancing (Sale of Land) Regulation 2000, cl 7 - Environmental Planning and Assessment Regulation 2000, Sch 4 - Interpretation Act 1987, s 68(3)(b). - EVIDENCE - Matters relating to Proof - Best Evidence Rule - Inference of Due making of resolution by Council - Omnia praesumuntur rite et solemniter esse acta.

CORPORATIONS - provisional liquidation - powers - whether court can empower provisional liquidator to exercise constitutional power under 'special contracts' - whether approval should be given and directions made for provisional liquidator to enter into further arrangements with Commonwealth

preliminary discovery - SCR Part 3, Rule 1 - adversarial litigation - costs and expenses associated with location and production of information sought

Negligence - Medical Practitioner - delay in diagnosis - - loss of opportunity. Evidence - conflict between experts.

Criminal law: sentence - indictment for murder - plea of guilty to manslaughter on the basis of substantial impairment.

Appeal decision of FTT - Denial of natural justice

Criminal law - Drug importation - MDMA or ecstasy - Commercial quantity - Involvement in importation for money - Not mere courier, but not principal - Prospects of rehabilitation not taken into account by trial Judge - Relevant error - Review of sentence - Conditional parole

CRIMINAL LAW - EVIDENCE - Circumstantial evidence - Coincidence evidence - Tendency evidence - Relationship evidence - Probative value and prejudicial effect - Contamination - CRIMINAL LAW - Appeal against conviction - Longman direction - Whether necessary - Whether adequate - Whether rule 4 leave should be granted.

CRIMINAL LAW - EVIDENCE - Warnings - Evidence of a kind that may be unreliable - Relationship evidence - Not admitted as tendency evidence - Probative value and prejudicial effect - Adequacy of directions - CRIMINAL LAW - Prohibited imports - Knowingly concerned in importation - Elements of offence - Adequacy of directions.