Cases and authorities

DEFAMATION - talkback radio broadcast - caller made allegedly defamatory statement - witness said what meaning she attached to it - whether counsel impermissably used the evidence in address - whether trial judge adequately directed jury that evidence could not be used to determine what was conveyed to the ordinary reasonable listener - jury found imputation conveyed by matter published by caller but not by matter published by broadcaster - whether findings necessarily inconsistent - whether assuming one finding the other was perverse - whether court could substitute finding or new trial required. D.

EQUITY - Maxims - "He who seeks equity must do equity" - REAL PROPERTY - Co-ownership (tenancy in common) - Incidents - Accounting in respect of occupation - Accounting in respect of repairs, maintenance, and outgoings, including mortgage repayments - TRUSTS AND TRUSTEES - Resulting trusts - Acquisition of land - Contributions to purchase money - Whether costs of acquisition included - PROCEDURE - Pleadings - Need for precision where claims made in the alternative to a claim for a broad statutory remedy. D.

Criminal Law - Application to withdraw pleas of guilty - Application Refused

CRIMINAL LAW - appeal against conviction and sentence - failure to make directions to jury at trial - inadmissibility of record of interview - admissible only for credibility - retrial ordered.

Cancellation of Practising Certificate of solicitor - Appeal - Application for stay - Request of Law Society for an explanation - Privilege against self incrimination

Practice and procedure - Settlement - Infant settlement - Common Law action - Approval of Court - Parens patriae jurisdiction analogy - Test to be applied - Role of counsel and solicitor - Evidence required - Judge who declines settlement should not hear action

PROCEDURE - Application for separate determination of one defence - evidence of central witness crucial to both claims and defence - issues of credit certain to arise - application refused

Question as to identification of lessee, choosing between two similarly named companies - no question of principle

ND

CIVIL PRACTICE AND PROCEDURE - Limitation period - Claim in respect of personal injury - Application to extend period - Medical opinion supporting duty - No notice that this contested, no objection, no cross-examination - Refusal on basis that kind of injury unforeseeable - Appeal from that refusal upheld. ND

NEGLIGENCE - calculation of damages.

Appeal from Tribunal - construction of clause 17 of Housing Industry Association "Plain English Building Agreement Edition 11" and consideration of the right of termination thereby conferred.

Criminal Assets Recovery Act 1990 - (i) whether Applicant had "interest" in assets considered (ii) whether applicant had standing to seek exclusion orders.

EQUITY [374]- Injunctions- Injunction sought against opponent's solicitor- Solicitor a non-party- Whether suit competent. PROFESSIONS [96]- Solicitor- Whether may act against former client.

CRIMINAL LAW - appeal against conviction - withdrawal of guilty plea - agreement between Crown and appellant as to the counts brought against him to which he would plead guilty - pleas of guilt voluntary - appellant repudiated agreement - repudiation does not give rise to an entitlement to withdraw the pleas of guilty of which appellant was fully informed - CRIMINAL LAW - application for leave to appeal against sentence - appellant sentenced to concurrent terms of four years for seven charges of contravening s 300(2) of the Crimes Act 1900 with non-parole periods of one year five months - sentence imposed within discretion.

CRIMINAL LAW - Sexual offences - Appeal against conviction - Whether six verdicts of guilty unreasonable having regard to one verdict of not guilty - CRIMINAL LAW - Sexual offences - Prosecution for - When sanction for required - Delegation of power to sanction - At what time may delegation be effected - Whether delegation of power to sanction effective

Multiple sexual offences - conviction after trial of 28 offences - plea of guilty to a further 16 offences with 31 other offences taken into account - notice of abandonment of appeal - refusal of leave to withdraw such notice - alleged fresh evidence but relevant facts known - no miscarriage of justice - admission of tendency and/or co-incidence evidence - no error in refusing separate trials - credibility of witnesses - alleged discrepancies and problems dating incidents which happened many years ago - adverse pre-trial publicity and publicity during trial - directions to jury to overcome publicity - verdicts reasonable and supported by evidence

Application for Leave to appeal against severity of sentence - Robbery - Sentencing principles - Totality - Special circumstances

Public interest immunity - question the answer to which likely to facilitate identification of police informer - whether question properly allowed - - Public interest immunity - question the answer to which likely to facilitate identification of police informer - whether refusal of adjournment to allow claim for immunity to be substantiated proper - Public interest immunity - question the answer to which likely to facilitate identification of police informer - whether refusal of adjournment to allow ruling to be reviewed proper - Public interest immunity - question the answer to which likely to facilitate identification of police informer - manner of substantiating claim

COURTS AND JUDGES - Cross-vesting legislation - plaintiff applied in NSW against defendant resident here for injunction to restrain breach of covenant in Joint Venture Deed against attacking plaintiff's title to Mining Leases - JV Deed contained Choice of Law for WA law and non-exclusive submission to NSW Courts - defendant brought plaints before WA Mining Warden's Court for forfeiture of leases for non-working - after review of circumstances a Cross-vesting Order was refused.

CRIMINAL LAW AND PROCEDURE - SENTENCE - ASSISTANCE TO AUTHORITIES - CONSENT OF CROWN TO TENDER OF INFORMATION SHOWING VALUE OF ASSISTANCE GREATER THAN COULD HAVE BEEN APPRECIATED AT TIME OF SENTENCE - PARTICULAR CIRCUMSTANCES - RESENTENCE APPROPRIATE

CORPORATIONS - winding up - unsatisfied and unchallenged statutory demand - alleged abuse of process - no improper purpose in light of current statutory scheme

[Foreign Judgments] Judgment obtained in the United Stated District Court, Central District of California - Sanctions imposed by US Court "striking" defence and dismissing counterclaim "with prejudice" - Trial on damages - Damages awarded including multiple (quadruple) penal or exemplary damages - Whether the judgment is final and conclusive - Whether the award of multiple damages was a penalty - Whether penalty severable.

CONTRACT - implied terms - caution required in finding that business efficacy makes term necessary - CONTRACT - terms implied by law - implied term requiring exercise of good faith in performance of contract - content and meaning of such implied term - ESTOPPEL - equitable estoppel - assertion of estoppel in face of written contract - TRADE PRACTICES - unconscionable conduct - calculation of "price" limit applicable to s.51AC - hallmarks of unconscionability - TRADE PRACTICES - misleading or deceptive conduct - whether statement by one party that it appreciates other's position imports duty to preserve that position - actionable representation versus mere puff - causal link broken where plaintiff relies on own independent and informed assessment.

EQUITY [342]- Injunction- Ex parte application- The duty of candour when applying for an ex parte injunction applies equally to litigants in person. REAL PROPERTY [463]- Licences- Termination- Right to use stall in market- Whether summarily terminable.

NEGLIGENCE - duty of care - breach of duty - likelihood of damages - Burnie Port Authority v General Jones Pty Ltd

Criminal law - Practice and Procedure - Audiovisual link sought - Voir dire hearing - Inherent jurisdiction - Statutory jurisdiction - Transparency - Dealing with matters in open court the norm - Power to order hearing in closed court - Factors relevant to exercise of power - contrast between voir dire hearing and trial of matter.

Criminal law - Murder - Killing of female by 49 year old male - Stabbing - Multiple wounds to chest area - Anger and resentment on part of prisoner - Infatuation - Liaison between prisoner and deceased - No finding of premeditation - No remorse - Murder in high category of blameworthiness - Need for heavy penalty - General deterrence - Victim impact statements - Medical condition of prisoner - Age not a factor in reduction of sentence in instant case - Special circumstances - age combined with medical condition of prisoner

CORPORATIONS - winding up in insolvency - statutory demand - whether plaintiff must adduce on hearing of winding up application evidence in affidavit which accompanied statutory demand

Bails - Application for bail not entertained following an earlier order of the Supreme Court revoking bail - no question of principle

Murder - Stabbing - Multiple wounds - Very serious case - High category of blameworthiness - Not worst case category - Infatuation - Break-up of illicit liaison by victim - Anger, resentment, vengence and deprivation as motivating factors - Absence of remorse and contrition - General deterrence - Special circumstances - Age of prisoner - Progressive medical condition of prisoner

Practice and procedure - Discretion to adjourn proceedings - Failure to comply with orders to provide security for costs - Principles - Application for dismissal of proceedings following automatic stay of proceedings operative when security for costs not provided

Summons to be used by police for minor charges not arrest - whether evidence improperly obtained within s.138 of Evidence Act 1995 - natural justice - magistrate relies on matters researched by himself and prosecution given no opportunity to deal with them.

Corporations - oppression of minority - order that majority shareholders purchase shares and units of minority - appeal from Master as to the value to be paid on transfer - discussion of principles upon which compensation for oppression assessed.

Bails - application granted for purpose of obtaining treatment for alcohol dependency

CORPORATIONS - liquidator's application for extension of three year limitation period to make application to challenge voidable transactions - application filed within three years but respondent not joined as party or notified - court sets aside order granting extension of time, as against respondent, and holds that respondent must be joined as party before time can be extended as against it, but that joinder would be outside the limitation period in view of SCR Pt 8 r 11(3) - whether s 1322 is available to permit extension of time or otherwise overcome late joinder of respondent

CONTRACT - measure of damages when defendant lessor failed to comply with air conditioning covenant and plaintiff lessee's hotel suffered loss of profits - court accepts general statements but not specific assessments by plaintiff's expert - whether evidence sufficient to amount to proof of damages - proper approach for court in assessing damages in such a case

Injunction - interlocutory injunction to restrain repossession of a chattel - claim for delivery up of chattel

Sentencing for serious multiple offences - correct commencement dates for subsequent sentences - must start at expiration of non-parole period of prior sentences - allowance for early plea of guilty - Law Reform - need for amendment of sentencing legislation to ensure total of head sentences not reduced, by reason of accumulation provisions, to an unacceptable level.

CORPORATIONS - voluntary administration - whether requisitioned meeting of members to replace directors should be abandoned if administration intervenes - directors resolve to appoint administrators for improper purpose of stopping meeting of members - whether member has standing to complain of breach of directors' duty - whether general law right to sue on behalf of company was abolished retrospectively by s 236(3) - whether appointment of administrators should be set aside - whether company was solvent - admissibility of expert evidence of solvency - whether directors adopted resolution about insolvency in bad faith - effect of failure to comply with notice and time requirements of s 439A - effect of failure to provide details of proposed deed of company arrangement - administrators' report materially false and misleading - whether deed should be terminated under s 445D - whether defendants abused Part 5.3A so that order should be made under s 447A

Unlawful stopping of vehicle and appellant - subsequent search - admissibility of admissions made to police and not tape recorded - application for detention warrant not complying with Act - invalidity of detention warrant Object and history of Part 10A of Crimes Act (detention warrants) - balancing of conflicting interests of police investigations and rights of citizens - importance of contents of application, prescribed form of application requires amendment to elicit information required by Act - grounds specified for issue of search warrant insufficient - invalid search warrant -- admissibility of evidence obtained - cumulative effect of unlawful acts resulting in evidence being inadmissible - exercise of discretion under s.138 of Evidence Act flawed.

PROCEDURE -- Preliminary discovery of identity of insurer unsuccessfully sought under Pt 3 r 1 Supreme Court Rules on basis that arguable case not demonstrated against defendants -- Other relevant considerations such as effective remedy and viable defendant.