Cases and authorities

Judgments - Enforcement of foreign judgment - Whether judgment should be entered in Australian currency or foreign currency - Whether judgment should be entered in multiple foreign currencies. - Time and calculation of interest

Practice and Procedure - Injunctions - Mareva injunction - Application to continue Mareva injunctive relief against 6th defendant - Balance of convenience - Whether order should be discharged

Practice & Procedure - Application for summary dismisal and security for costs - Claim of false imprisonment - Onus - Justification of imprisonment - Adequacy of pleading

Wills, Probate and Administration - Family Provision Act 1982 - Order for maintenance, education and advancement in life out of deceased's estate - Whether testamentary disposition inadequate - Relationship and degree of contract between applicant daughter and deceased mother - Prevailing standards of what is right and appropriate in the circumstances

Assessment of damages - diminution of intellectual capacity - recovery of capacity - damages for loss of educational development and amenity of life.

CORPORATIONS - winding up - oppression, unfair prejudice, unfair discrimination - allegedly irreconcilable conflict on part of director - director allegedly acting in own interests - one instance of breach of duty shown - winding up order not warranted

Contracts - promise to negotiate in good faith - rejection of offer - failure to make counter-offer - no breach of duty - whether promise illusory and unenforceable

Crown appeal against inadequacy of sentence - whether the trial judge failed to reflect the total criminality of the respondent - whether the trial judge failed to observe principles in Pearce v The Queen - whether sentences be served concurrently - appeal against inadequacy of sentence dismissed. Application for leave to appeal against severity of sentence - whether sentence of 13 years for manslaughter was manifestly excessive - leave to appeal against sentence allowed - appeal dismissed.

PROCEDURE - Stay of execution - Application by Defendant where Plaintiff has successfully obtained judgment at trial and Defendant seeks to fund his appeal from assets frozen pending the appeal and falling well short of the judgment - Relevant principles - short stay granted.

CORPORATIONS - winding-up - just and equitable ground - competing claims for entitlement to manage corporation - break down of personal relations - surplus assets on winding-up pass to UK body, which will apply them to a new entity - winding-up order made

Aborigines - Local Aboriginal Land Council - promise to provide house and land - proprietary estoppel - damages in lieu - breach of fiduciary duty - negligence - statutory immunity - jealous interpretation - Aboriginal Land Rights Act 1983 ss 12(1), 13(6), 54- Aboriginal Land Rights Regulation 1983 regs 17B, 32(1), sch 3 Cl 5

CORPORATIONS - application by creditor for reinstatement of deregistered company - questions of standing considered - reinstatement just where purpose is to permit winding up in insolvency - no grounds for staying winding up

SUCCESSION - informal wills - whether documents signed by testator after making formal will operate as amendments of will - EQUITY - assignments in equity - assignment of part of debt - no consideration - assignment valid in equity - FAMILY PROVISION - principles upon which relief granted - competing claims of widow and adult sons - failure by testator to make sufficient income provision for widow - no failure to make adequate provision for adult sons

MOTOR ACCIDENTS - Motor Accidents Act 1988 (NSW), s77, s79A - pre-existing condition - non-economic loss - failure by trial Judge to give proper reasons - appeal allowed - new trial ordered

Damages - scheme of modified common law damages under Div 3 of Pt 5 of Workers Compensation Act 1987 - prohibition on damages for economic loss unless serious injury (as defined) - damages for gratuitous domestic assistance - whether damages economic loss within scheme - held yes. D.

APPEAL - COSTS - Appellant successful on point not adequately raised at first instance or in the original Notice of Appeal - Whether entitled to costs of appeal. D.

CORPORATIONS - winding up - unfair preference - meaning of 'transaction of the company' - whether sole director of insolvent company caused company's debt or his own debt to be paid

Imputations - capacity - form - difference in substance - joinder - liability of Municipal Council for alleged publication by elected Councillor

Leave to proceed interests of justice - a question to be determined having regard to the relevant circumstances of the particular case before the Court - onus of proof.

Family Provision - Status of Plaintiff as an eligible person - Whether the Plaintiff was de facto spouse of Deceased - Matters to be considered - During first four years of relationship Plaintiff resided with Deceased for no more than four nights each week - Statements by Plaintiff in income tax returns are inconsistent with a de facto relationship with Deceased - Continuing receipt by Plaintiff of social security benefits is inconsistent with de facto relationship with the Deceased - Credit of Plaintiff - Plaintiff was de facto spouse of Deceased for last two years of his life - Financial and material circumstances of Plaintiff - Nature of order for provision to which Plaintiff is entitled - In considering the accommodation appropriate for Plaintiff the Court should look to the needs of the Plaintiff, not to the needs of her children or grandchildren - Competing claim of the Defendant - Defendant is the only other eligible person and is the sole beneficiary - Financial and material circumstances of Defendant.

Oral publications - imputations - capacity - form - difference in substance - false imprisonment - pleading requirements

Post-7A trial - leave to amend defence - truth - qualified privilege - particulars - circumstantial case - interstate defences

Corporations Law. Application to set aside a statutory demand under s 459 of the Corporations Act. Demand set aside. No matter of principle.

Identification - "class" - "family" - imputations - capacity - form - difference in substance

CRIMINAL LAW - crown appeal against sentence - armed robbery in company - plea of guilty - whether error in separate account for and quantification of plea - "two stage approach" - whether error in taking into account utilitarian value of plea - objective and subjective considerations - "ambiguous" - whether R v Thomson (2000) 49 NSWLR 383 should be overruled - whether sentence manifestly inadequate - Crimes (Sentencing Procedure) Act 1999, s22 - Interpretation Act 1987, s34

Criminal law - sentencing - driving in a manner dangerous causing grevious bodily harm - whether, assuming error in sentencing, any less severe sentence warranted.

MEDICAL NEGLIGENCE - professional misconduct - unsatisfactory professional conduct - Medical Practice Act 1992, ss 36, 37 - inappropriately administered testosterone injections to minor - miscellaneous powers and discretions of Medical Tribunal - Briginshaw Standard - whether procedural fairness afforded to appellant - whether appropriate penalty - D

Appeal on conviction - identification - whether trial miscarried due to cross-examination of the appellant in relation to his failure to inform the police about a person he alleged was the assailant - right to silence - Evidence Act 1995 s 89 - whether appellant ought to have answered questions during course of official questioning - whether prosecutor ought to have implied defence was fabricated because it was raised late - whether directions by judge were adequate. (ND)

Evidence - Admissibility - Formal proof of terms of foreign legislation - Power to dispense with rules of evidence - Practice and Procedure - Notice of Motion - Set aside or vary judgment -

Application for stay - denied

Judicial immunity from suit - whether can sue for alleged prior impropriety - extent of immunity - action for leave to prosecute criminal information - whether available - statements of claim dismissed.

CRIMINAL LAW - evidence - admissions - detention after arrest for purposes of investigation - compliance with requirments of Part 10A, Crimes Act 1900 - application for detention warrant - calculation of 4 hour period - times out - CRIMINAL LAW - evidence - admissions - whether circumstances in which admissions made unfair to accused - CRIMINAL LAW - evidence - admissions improperly obtained - discretion to admit - relevant considerations - CRIMINAL LAW - evidence - accused charged with murder - videoed walkaround - accused handcuffed - whether video unfairly prejudicial to accused.

Practice and Procedure - leave to amend - "unavailability" of witness during giving of evidence - discretion as to incomplete evidence - ss 135, 136 Evidence Act 1995.

CORPORATIONS [29]- Oppression- Merely being in a minority and suffering prejudice because of that insufficient to constitute oppression.

PROCEDURE [488] [574] [601] [659] Judgments and orders - Amending, varying and setting aside - Consent judgment - Principles applicable - Relevance of interests of third party - Costs - Departing from the general rule - Order for costs on indemnity basis - Where party declines offer of settlement better than the result obtained - Whether there is presumption in favour of indemnity costs order - Other cases - Probate suit - Litigation caused by testator - Recovery of costs - Indemnity principle - Costs may not be ordered in favour of party who has incurred no liability to pay them.

Contract - negligent performance of contract for fire suppressant system - accidental discharge of foreign matter from system - contamination of computer bank - liability of principal contractor - of subcontractors - professional negligence - liability of statutory authority in system testing - misleading conduct - negligent misrepresentation in certification of works - contributory negligence of principal - Damages - whether property damage or econmic loss - principles applicable - whether principle of betterment part of assessment of damages - whether benefits to principal in rectification work to be taken into account - onus of proof where issue of betterment raised - whether costs of rectification incremental - statutory contribution - contractual indemnity - liability in contribution of insolvent subcontractor - principles of apportionment.

Corporations - whether managed investment scheme - whether breach of provisions of Corporations Act 2001 - whether scheme should be wound up - whether just and equitable that corporation be wound up - whether director of corporation was personally liable for breaches - whether the director should be disqualified from managing corporations - whether permanent injunctions should issue - meaning of "carry on" discussed - meaning of "operate" discussed - meaning of "investment advice business" discussed

Statutory prohibition on commencement of court proceedings - plaintiff not entitled to commence these proceedings.

Contract - formation - whether agreement constituted final contract - certainty of terms - - ND

Claim for consulting services against partners - identity of parties to retainer - general legal services proper law of retainer - quantum of claim.

CORPORATIONS [328] [329] [330]- Personal liability- Insolvent trading- Directors appoint consultant to advise- Whether consultant responsible for advising board as to solvency- Whether directors ought fairly to be excused.

Corporations Law. Application to set aside statutory demand under s 459G of the Corporations Act. Summons dismissed. No matter of principle.

Appeal from Local Court - assessment of damages - expression of reasoning process - misdirection and lack of fact finding.

Guarantees and Indemnities - Enforcement of guarantee against director of company - Whether defendant entered into an unlimited guarantee to secure overdraft for company