Cases and authorities

Defamation - Imputations - Whether different in substance - Test

PROCEDURE [483] - Judgments and orders - Varying and setting aside - General rules - Rehearing - Withdrawal of reasons for judgment before orders made - PROCEDURE [573] - Costs - Departing from the general rule - Powers of court - Relevant principle - Success of different parties on distinct claims.

Defamation - Imputations - Whether capable of arising

CORPORATIONS - winding up - examination by liquidators - whether examination for impermissible purpose of unfairly obtaining forensic advantage - whether abuse of process

Defamation - Imputations - Whether different in substance - Test - Whether arise

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

Defamation - Pleading - Imputations - Form - Whether differ in substance - Test

Defamation - Pleading - Form of Statement of Claim - Imputations - Unrepresented litigant - Summary dismissal

SUCCESSION - Family Provision - widow's application - widow and deceased both had substantial pre-marriage assets - widow's claim based on security of accommodation - whether security of accommodation requires accommodation in residence that has become unsuitable - whether estate's share of residence should be transferred to widow - court's discretion to make orders for security of accommodation of a kind not sought by widow

JURY - VERDICTS - WHETHER INCONSISTENT - WHETHER UNSAFE AND UNSATISFACTORY

Costs orders - application for Sanderson or Bullock order - claim for indemnity costs - principles. ND

NEGLIGENCE - professional negligence - whether solicitor adequately advised mortgagors of risks associated with giving a mortgage and the potential consequences of entering the transaction - whether trial judge erred in accepting the credibility of the solicitor's evidence - whether the evidence established that a party lied under oath at trial - whether it was open to the trial judge to find evidence was false - to what extent a finding of perjury can affect other findings of credibility. (ND)

Scheme for compensation in respect of revested coal - capital gains tax attracted by profit component of compensation - construction of relevant provisions - consequential loss that is directly attributable to the revesting.

PROCEDURE [573] - Costs - Departing from the general rule - Powers of court - Relevant principle - Success of different parties on distinct claims.

CONTRACTS - construction and interpretation of contracts - construction of particular contract - no question of principle decided - EQUITY - rectification - whether particular agreement should be rectified - no question of principle decided

EVIDENCE [130] - Documentary evidence - Secondary evidence - In general - Computer hard disk containing a copy of a copy of a copy of a relevant computer file.

SALE OF GOODS - passing of property and risk - transfer of title by non-owners - title retention clause - whether buyer may effect sub-sale as agent of owner - whether despite title retention clause property passes to buyer

CORPORATIONS - winding up - deadline for applications by liquidator challenging voidable transactions - no liquidator yet appointed - application by administrator under deed of company arrangement for extension of time within which any future liquidator may seek extension of such deadline

Summary judgment - Enforcement of foreign judgment - Authority ad litem - Ostensible authority - Defendant initially gave authorisation to legal adviser to represent him in proceedings in a foreign Court - Defendant then purported to withdraw authorisation by communication to legal adviser who never communicated the withdrawal to the Court or other party - Legal adviser proceeded to represent the defendant through a contested appeal - Judgment entered against defendant - Whether the jurisdiction exercised by a foreign Court is of a kind which will be recognised for enforcement purposes under Australian rules of private international law - Whether defendant submitted to the jurisdiction of the foreign Court - Whether defendant denied natural justice - Whether judgment should not be enforced on grounds public policy

ARBITRATION - misconduct of arbitrators - cancellation/commitment fees - unilateral alteration of arbitration agreement - reasonable apprehension of bias - removal of arbitrators - Commercial Arbitration Act 1984 (NSW), s44 - appeal dismissed

No question of principle.

Identification evidence - Direction as to need for care and caution - Applies to positive evidence of identification of accused, not to negative evidence of such identification - Meaning of "is to inform"

Family Provision. Claim by a daughter in respect of a small estate left to two of the deceased's grandchildren. Orders made in favour of the plaintiff. No matter of principle.

EVIDENCE [48] - Admissibility and relevance - Hearsay - In general - Relevant principles - Civil case - Previous representations by witness including alleged admissions by party - Witness subsequently denies or does not recall previous representations.

CRIMINAL LAW - Appeal against conviction - Fresh evidence - Leave to add ground of appeal - Sequence of trials meant accused could not raise character

SUCCESSFUL APPEAL BY CO-ACCUSED

Interest on past loss of income after deduction for dependency

Adoption of referee report - where works were undertaken before entry into formal contract - whether referee was entitled to consider material extrinsic to the contract - the relevant stage at which risk from defect passed - whether a correct approach was adopted for calculation of liquidated damages and interest

CONVEYANCING - caveats against dealings - application for extension of caveat - defendant willing to give substitute security by way of payment into court - calculation of appropriate amount

Family Provision. Application for declaration that plaintiff was living with the deceased as his de facto partner at the date of death. Declaration refused. Application under Family Provision Act. - Held no domestic relationship as parties not living together but plaintiff was an eligible person as part of household and partly dependent. Order for legacy in favour of plaintiff.

FAMILY LAW - parentage testing order - whether parentage testing procedure may be ordered on genetic material taken from corpse - whether such procedure may be ordered on child aged 25 without notice to that child

CONVEYANCING [88]- Rescission- Condition giving liberty for either party to rescind if plan not registered by a certain date- Condition not fulfilled- Rescission possible after plan registered. CONVEYANCING [139]- Caveat- Second caveat- Some new facts arising after lapse of first caveat- Same interest claimed- Second caveat held to be of no effect. TAXES & DUTIES [340]- Stamp duty- Mortgage duty- Alleged charge arising out of agreement to lodge caveat on certain events- Unstamped instrument- Effect.

Corporation Law - deed of company arrangement - incorporation of mutual set-off by reference - self-executing upon commencement of administration - creditor's cross-claim to company claim in District Court proceedings not barred - exceptional case for declaratory relief - variation of deed to provide for set-off unnecessary.

No question of principle.

Appeals- When Court should interfere with apportionment made by Judge sitting alone. Torts- Negligence- Motor vehicle- Unexpected dust cloud- Agony of the moment- However circumstances justify finding of negligence. (D)

Criminal appeal - drug supply offences - miscarriage - Evidence Act, s44 - suggestion in cross examination that accused had accumulated assets from illicit dealings well prior to events in question - failure to give any direction.

CONTRACT - BILL FACILITY - BILL OF EXCHANGE - WAIVER - CONDITION PRECEDENT

Use of premises in contravention of planning laws - application for restraining orders - discretion under s 124 of Environmental Planning and Assessment Act 1979 - orders made - stays of orders for various periods - whether adequate reasons given for orders and for stays - whether so far as reasons apparent exercise of discretion was erroneous - whether further evidence should be received. D.

NOTICE OF MOTION - Wrongs Act 1958 (Vic), s 23B - whether court should provide supplementary reasons for judgment - EQUITY - trust - breach of trust - whether beneficiaries have a right of action to recover compensation against a third party - ND

Corporations - leave to proceed against company in liquidation - appeal from Master - proceedings to vary contracts as unfair before Industrial Relations Commission - indemnity sought for directors' liability to credit card companies for company expenses - not provable in the winding up - meaning of future "claims" - set-offs of credit card company obligations to company in liquidation.

Motor Accidents Act 1988 - cyclist killed when bicycle skidded on reflective white line - whether respondent took suitable action to avoid collision - appeal dismissed with costs.

CRIMINAL LAW - appeal against interlocutory order refusing separate trials - application for separate trials of co-accused - whether prejudice will be suffered if trial not separated - principles.