Cases and authorities

CORPORATIONS [324]- Supervision by ASIC- Ex parte application- When appropriate.

Murder - Premeditated - Planning of killing - Defiling of body of deceased - Worst case category - Absence of contrition or remorse - Borderline personality disorder - Sentence

Private nuisance

DAMAGES - findings credibility based - errors suggested - findings upheld - no question of principle. ND

PLANNING LAW - no building on land with an area less than 560 square metres - whether a development standard - application of definition of development standards considered. D

Re-determination of life sentence - Murder - Manslaughter - Totality - Rehabilitation - Relevant matters to be taken into consideration - Re-sentencing

Legitimate forensic purpose - Public interest immunity - Allowing access to documents

CORPORATIONS [176] - Voluntary administration - Jurisdiction and powers of Court - General power to make orders - Power to make such order as it thinks appropriate - Order that resolutions at creditors' meeting be treated as void and ineffective.

Family Provision. Application by son suffering from HIV who is nearly blind. Estate left to deceased's neighbours. - Order for legacy in favour of son.

Defrauding the Commonwealth (3 counts)- notional deduction of group tax - responsibility for not sending in employment declarations and for alterations to group number and company names - refusal of adjournment to allow further investigation - admissibility of statements made to ATO tax audit team - not obbtained improperly - ss 138 & 139 of Evidence Act - s 137 of Act - probative value not outweighed by danger of unfair prejudice - notes made by appellant as to meetings with ATO officers admissible as evidence of consciousness of guilt - no prejudice suffered by admission and later withdrawal of group tax summary as evidence to that effect given - ample evidence to support all counts - sentencing structure erroneous - appellant re-sentenced.

LEAVE TO APPEAL - no arguable error - no question of principle. ND

LEAVE TO APPEAL - motor cycle accident - caused by state of road - whether negligence in construction or repair of road - judge not satisfied there was - decision did not turn on misfeasance/nonfeasance - no inadequacy of reasons or finding against evidence - no arguable error - leave refused.

No question of principle

Strike out part of the statement of claim - Nominal Defendant suing repairer for breach of contract

Family Provision. Application by a daughter who was given half of deceased's estate. Discussion of obligation of a parent to a child and the need for evidence to quantify claim for provision. - Application dismissed.

ENVIRONMENTAL LAW - existing use - brothel - development application to expand use - cl 42 Environmental Planning & Assessment Act Regulations 2000 - meaning of 'land' - whether subject land can be regarded as a 'unit' - whether extraneous parking areas are part of the land - D

[CONTRACT] Admission that grounds relied upon for purported termination of the plaintiff's Agency Agreement not valid or available - Whether the plaintiff otherwise in breach of the Agency Agreement of which contracting party unaware such as would justify termination. - [TORT] Interference with contractual relations - inconsistent dealing - direct interference - indirect interference. - [DAMAGES] Loss of opportunity - aggravated and exemplary damages.

CHARITIES [140], [143], [146] - Administration and control by Court - Parties - Attorney General - When necessary or proper party - When not necessary or proper party - Whether plaintiff or defendant.

CORPORATIONS - Procedure - Liquidator - Costs of unsuccessful disputants claimed out of proceeds of winding up in relation to opposition to handing over documents earlier produced in examination in context of Liquidator's application for directions - Costs should instead follow event.

Criminal Appeal - Robbery in Company - New trial - Where Crown conceded appeal against conviction should be allowed but sought new trials - Whether new trials should be ordered or acquittals entered - Whether Crown proposed to make a new case not made at first trial - ND

TORTS - Negligence - Motor accident - Requirements of Motor Accidents Act for co-operation before proceedings, provision of details, and time limits - Failure to give details of Griffiths v. Kerkemeyer claim - Whether proceedings could continue without such claim. D.

NEGLIGENCE - motor vehicle accident - collision between two trail bikes travelling in opposite directions on fire trail in State Forest in Northern New South Wales - one trail bike (Pope) unregistered and uninsured - competing versions as to events leading to collision

Family provision - Claim by adult son - Applicant must place before the Court as fully and as frankly as possible details of his financial and material circumstances - Credit of applicant - Whether applicant has been left without adequate provision for his proper maintenance - Applicant must establish his own case on its own merits - Competing claims of beneficiaries

TORT - nuisance - negligence - plaintiffs alter use and contour of land, affecting water flow to defendants' land - defendants build up their driveway thereby preventing water flow to their land - whether defendants' action a reasonable measure for protection of their land

CORPORATIONS - liquidator seeking directions to co-operate with Royal Commission - Relevant principles.

CONSTITUTIONAL LAW - validity of Commonwealth Places (Application of Laws) Act 1970 (Cth) - no abrogation of the legislative power of the Commonwealth - CRIMINAL LAW - Commonwealth offence - whether Commonwealth DPP has exclusive authority to conduct proceedings - Director of Public Prosecutions Act 1983 (Cth) s6(1) - Commonwealth Places (Application of Laws) Act 1970 (Cth), ss5(3) and (4) - CRIMINAL LAW - Commonwealth offence - whether State DPP can conduct proceedings - Director of Public Prosecutions Act 1986 (NSW), s24 - Commonwealth Places (Application of Laws) Act 1970 (Cth), s6(2) - CRIMINAL LAW - Commonwealth offence - whether State police can arrest and search in a Commonwealth place - Commonwealth Places (Application of Laws) Act 1970 (Cth), ss4(1), 5(3) and 6(2) - Crimes Act 1900 (NSW), ss352 and 357E - CONSTITUTIONAL LAW - no "law of a State" and no inconsistency - Constitution, s109 - Proceeds of Crime Act 1987 (Cth), s82 - Crimes Act 1900 (NSW), s527C

Appeal - short form reasons - no error by trial judge - sufficiency of trial judge's reasons. (ND)

Quantum appeal - no question of principle

COSTS - multi-party litigation - no order sought against 2nd Respondent - whether Appellant continued to treat 2nd Respondent as a party - ND

Criminal law - appeal from Local Court by way of summons - s 104 Justices Act, 1902. Whether Magistrate in error in refusing stay of proceedings - whether charge of assault and breaches of ADVO following dismissal of charge of assault occasioning actual bodily harm is an abuse of process.

Extension of time to commence proceedings - Northern Territory Limitation Act

Family Provision. Claim by children of deceased's first wife. Consideration of competing claim by defendant who had been living in a de facto relationship with the deceased for 12 years. Order for small legacies.

Contempt - refusal to answer questions at criminal trial in District Court - common law contempt - power of court to punish - application of Crimes (Sentencing Procedure) Act 1999.

Defamation - defence of unlikelihood of harm - no question of principle

Murder - sentence - failed defence of substantial impairment by abnormality of mind

Criminal law - sentencing - plea of guilty to manslaughter by criminal negligence by defacto step-father of 2 year old child - failure to seek medical treatment over 5 day period during which child in dire need of medical treatment due to severe brain damage productive of vegetative state at the hands of the offender.

Criminal law - appeal against conviction - appellant gave evidence at trial - cross examined by Crown Prosecutor - subsequent submission concerning "lies" - whether necessary for jury to be directed concerning "lies".

CRIMINAL LAW - arrest, illegality of - reasons for arrest to be given - arrest solely for investigative purposes - no intention to bring arrested person before a judicial officer - arrest illegal despite Pt 10A of the Crimes Act. - CRIMINAL LAW - confession - interview at police station - false statement by police officer - failure by police officer to disclose complainant's exculpatory statement - admissibility of evidence - test for unfairness - s 138(1) of the Evidence Act.

DEFAMATION - Plea of mitigation of damages - whether trial judge erred in ordering that particulars in support of plea be struck out - whether defendant could rely on particulars despite no defence of justification - whether particulars related to relevant sector of plaintiff's reputation - evidence Court could have regard to in determining that issue - whether relevant sector rule affected by Evidence Act ss 55, 56 - whether defendant could rely on particulars relating to matters arising after date of publication. D

DAMAGES - work injury - then medical negligence in its treatment - claim for successive wrongs - jury found substantial general damages and economic loss against doctor - whether any significant increased effect of medical negligence - whether earning capacity effectively destroyed by work injury - whether jury's verdict unreasonable - held unreasonable - new trial as to damages. ND

PERSONAL INJURY - adequacy of reasons - preference for evidence of plaintiff and his father - but much other evidence against plaintiff's account - failure adequately to deal with the other evidence - new trial ordered. D

Quantum appeal as to assessment of past and future economic loss

Family Provision. Application by son in respect of a small estate. Increased provision made for plaintiff.

REAL PROPERTY - easements - court's power to impose easement under s 88K - compensation order - categories of compensation - method of calculation loss of proprietary rights and allowance for disturbance - whether 'injurious affection' is a category of compensation - test of causal connection between easement and loss

MORTGAGE- Bill of Sale- Statutory requirement that consideration be stated- What "consideration" is covered- Whether document stated consideration for the bill- Held "No"- Bill invalid. (D)

JUDGMENT - setting aside on terms - whether can be a term that defendant provide security for amount claimed - whether on facts the amount ordered as security was appropriate. ND

Damages - negligence - strapping case - teacher's negligence in strapping student - jury award - excessive award of general damages - whether Court of Appeal should reassess single head of damage - Supreme Court Act, s107 (substituted verdict) -whether new trial should be restricted to any particular head of damage. (D)