Cases and authorities

Negligence - Negligent omission - delay in appointing doctor to investigate allegations of sexual abuse - breach of duty - no causal connection with plaintiff's psychiatric disorder - Betts v Whittingslowe - onus of proof - legal onus remains with plaintiff throughout - shift of evidentiary onus. (D)

Extension of limitation period - threshold requirements - construction of paragraph (b) of s 60I (1) - just and reasonable considerations.

CRIMINAL LAW - appeals - appeal against conviction - appeal against sentence - manslaughter - robbery in company - use of offensive weapon to prevent lawful apprehension - whether conviction supported by the evidence - whether murder part of joint criminal enterprise - whether use of knife other than in self defence was in the contemplation of the appellant - no miscarriage of justice - whether sentence manifestly excessive.

Criminal law - sentencing - multiple murders - "worst class of case" - sentences of life imprisonment - when applicable - relevance of youth - subjective circumstances - prospects of recidivism or rehabilitation.

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 - whether joinder of respondent as party to application for extension of time, outside the three year limitation period, is barred by s 588ff(3)(b) - whether SCR Pt 8 r 11(3) applies to joinder of respondent

Dismiss proceedings - extension of time - s 151D WCA

CORPORATIONS - Access sought by creditor of company in liquidation to documents produced to the liquidator for examinations for purposes of proceedings to be brought by that creditor against third parties associated with the company - Basis for such access as a matter of statutory power or discretion - relevant considerations. - WORDS AND PHRASES - Meaning of "books of the company" in case of a company in liquidation.

PROCEDURE - Contempt, attachment and sequestration - non-compliance with orders of court - need to prove alleged contemnor's knowledge of content and meaning of orders - not relevant that order said to be by consent not consented to by alleged contemnor - not relevant that alleged contemnor not directly involved in relevant events

CHARITIES [140], [143], [146] - Administration and control by Court - Parties - Attorney General - When necessary or proper party - When not necessary or proper party - Other parties - Rights - To bring proceedings.

Criminal law - sentence - technical defects in sentencing of primary judge - sentence re-crafted.

Summary Judgment

Opinion Evidence

Practice & procedure - application to stay pursuant to Pt 14B r 8 - prior proceedings dismissed under Pt 14B r 7 as inactive file with no order as to costs - application to transfer matter to common law list - discretionary factors - defendants' costs of prior proceedings to follow event in current proceedings - stay refused - costs of application costs in the cause.

Evidence - Objections as to admissibility

CORPORATIONS [318] - Supervision, regulation and correction - Examinations - Scope of examination - Matters for inquiry - Examination of third party - Investigation by liquidators as to whether to bring proceedings and prospects of success - Whether documents required beyond proper ambit of order for examination - EVIDENCE [75] - Facts excluded from proof - On grounds of privilege - Professional confidence - Legal profession - Waiver of privilege - Effect of Evidence Act 1995 - Effect of Supreme Court Rules Part 36 r 13 - Whether Evidence Act or common law rules relating to privilege apply to production of documents in response to order under Part 36 r 12 - Whether privilege in documents lost - PROCEDURE [112] - Supreme Court procedure - Practice under Supreme Court Rules - Evidence - Other matters - Order to produce documents - Whether Evidence Act or common law rules relating to privilege apply - Whether privilege lost.

Extension of limitation period - no question of principle.

Family Provision. - Claim by a daughter with gambling problem. - Order made for a legacy upon conditions as to its use.

Respondent sentenced by one Judge for a series of armed hold ups (13) within a period of approximately 3 months and later sentenced by another Judge for a series of 8 additional armed hold ups taking place within the same time-frame. The second sentences concurrent and effecting no increase in punishment. Failure to increase penalty held to be erroneous.

TORT - NEGLIGENCE - LIABILITY - motor vehicle accident - diesel oil spilt on road - EVIDENCE - conflicting evidence - credibility findings - whether a substantial body of evidence overlooked - whether had proper regard to evidence - EVIDENCE - finding of fact - critical issue - whether inference could be drawn - whether absence of reasoning - whether justice done or seen to be done - ND

PRACTICE AND PROCEDURE - wrong defendant - proceedings struck out - applications to reinstate and substitute correct defendant - application to reinstate wrongly refused on ground could not pay regard to substitution - on application for substitution, whether a mistake in the name of a party - was a mistake - should be substitution - should be reinstatement to allow substitution. D

LIMITATION OF ACTIONS - application for extension of time - Limitation Act 1969, s 60C(2) - not "just and reasonable" to extend time if plaintiff does not show that he or she has a viable cause of action - level of evidence sufficient to show that - whether delay gave rise to substantial prejudice to defendants - whether trial judge erred in ordering unsuccessful defendants to pay own costs of application. - COSTS - costs of application to extend time under Limitation Act 1969 - whether trial judge erred in ordering unsuccessful defendants to pay own costs of application.

TORT - NEGLIGENCE - motor vehicle accident - appellant on incorrect side of the road - whether overhanging vegetation required driving on incorrect side of the road - whether findings open on the evidence - DAMAGES - assessment - whether non-economic loss excessive - whether economic loss correct - ND

Torts - Motor Accidents - Damages - Causation - Whether damages manifestly inadequate - Whether damages excessive - Whether trial juge made appellable errors in assessment of evidence - Construction of trial judge's language re damages for workers compensation repayments - Motor Accidents Act 1988 (NSW, s 79 - ND

Summary judgment - possession

Defamation - defence of common law qualified privilege - riposte - malice - whether the defendant's state of mind concerning the truth or otherwise of the publication is an answer in law to the defence - whether the defendant's knowledge that the person on whose behalf the riposte was made was predominantly motivated by an intention to injure the plaintiff is an answer in law to the defence

LANDLORD AND TENANT - Access - implied terms - quasi-easement - Rule in Wheeldon v. Burrows - on the facts there was no implied easement to cross the lessor's land from the foot of the stairs which were leased.

Costs of mortgagee - powers of the court - entitlement to order - unreasonable conduct - otherwise order - onus.

No question of principle

FAIR TRADING TRIBUNAL - ILLNESS OF PARTY - REFUSAL OF ADJOURNMENT - PROCEDURAL FAIRNESS

Directions as to admissibility of evidence.

Evidence Act (1995) - Evidence - Admissibility - Opinion evidence - Expert opinion - Specialised knowledge - Rulings relating to specialised knowledge of witness enabling him to express opinions in relation to New Zealand Markets

CRIMINAL LAW - appeal against sentence - defrauding the Commonwealth - whether sentence manifestly excessive - where Applicant has significant history of crimes of deception - where guilty plea at earliest opportunity - where assistance to police - whether appropriate reduction for unavailability of remissions in New South Wales - whether reduction by one third an inadequate recognition of utilitarian value of plea of guilty and assistance to police - whether non-parole period of 75% indicative of error - Crimes Act 1914 (Cth), ss 16A(2), 16G, 19AB, 29D - Criminal Appeal Act 1912, s6(3)

Torts - Negligence - Occupier's liability - Duty - Breach - Causation - Whether duty, breach and causation established - Role of foreseeability in duty question - Where eleven-year-old boy discovered object buried in public park by pulling piece of string - Where boy created an explosion by placing object into a bottle with petrol and paper and setting paper alight - D

Workers Compensation - Appeal from Compensation Court - Whether Court of Appeal has jurisdiction to hear appeal - Distinction between errors of fact and errors in law - Misconstruction or misunderstanding of evidence resulting in wrong factual conclusion is error of fact not law - Compensation Court Act 1984 (NSW), s 32(1) - ND

Crown Appeal - Sentence - Manslaughter - Aggravated Robbery

Real Property. Restrictive covenants. - Application for modification under s 89(1)(c) of the Conveyancing Act to permit a colourbond, rather than a brick and tile garage, to be constructed. - Modification refused.

Practice & Procedure - discovery - relevance of category.

Supplementary reasons to principal judgment - determination of currency in which judgment sum expressed - factors determining date of conversion and conversion rates for the currencies - factors determining applicable rates of interest to judgment - whether factors existed to depart from usual order as to costs - indemnity costs refused.

PRACTICE AND PROCEDURE - slip rule - whether Court in error in treating person denied natural justice as having a right ex debito justitiae to set aside order - whether s 81 of Supreme Court Act imposes overriding discretion - whether matter falls within the slip rule

CONSTITUTIONAL LAW [32][68]- Statutory corporation- Agent of Crown- Corporation dissolved- Action does not devolve on Crown. GAMING & WAGERING [4]- Casinos- How far gaming laws are relaxed- Whether casino gives consideration in respect of wager. WORDS & PHRASES- "Consideration"- "Subrogation".

Criminal law - appeal against conviction and sentence - malicious infliction of grievous bodily harm under s 35 of the Crimes Act 1900 - affray - whether verdict under - s 35 unreasonable having regard to the acquittal under s 33 of the Crimes Act 1900 - whether directions inadequate - whether verdict unreasonable and not supported by the evidence - doctrine of joint criminal enterprise - malice - ss 38(1), 38 (2) and 192 (2) of the Evidence Act - reliability of admissions - identification - parity - whether sentence manifestly excessive.

Criminal law - Crown appeal against leniency of sentence - subjective circumstances.

Contracts - Insurance Law - Insurance contracts - Insured's duty of disclosure - Scope of duty - Whether duty breached - Insurer's duty to inform insured about duty of disclosure - Whether duty breached - Where residential premises insured - Where business use of premises increased - Where insured received threats and minor property damage - Insurance Contracts Act 1984 (Cth), ss 11, 21, 22 and 28- ND

NEGLIGENCE - personal injury - whether duty owed by rail authority to take reasonable care to prevent young children entering into railway station to play games - whether duty breached - plaintiff's case was that system of supervision adequate but not complied with - whether injury to foot when jammed in escalator caused by breach - whether trial Judge erred in assessment of damages for future economic loss

Practice and procedure - action commenced in District Court - damages likely to exceed $750,000 - defendant refused consent to unlimited jurisdiction in that court - order transferring to Supreme Court - then order transferring back to District Court - effect of latter order to confer unlimited jurisdiction - whether abuse of court process. Appeal from Master - order transferring proceedings to District Court - whether error of law - District Court Act, ss 44, 51, 143, 145.

Joint conference of expert witnesses

PROCEDURE - Interlocutory relief - Serious question to be tried - Effect of issue estoppel - Real property - Option - Failure to exercise in time - is relief against forfeiture available at all or in the circumstances - Interlocutory relief sought.

Land Law - Resumption of Land - Compulsory Acquisition - Appeal from Land and Environment Court - Whether Land and Environment Court had jurisdiction to determine compensation - Whether provisions of Roads Act 1993 or Land Acquisition (Just Terms Compensation) Act 1991 governed compensation for resumed lands - Where resumed lands contained part of road - Whether a "public road" - Whether "owned" by Council - Meaning of "public road" and "own" in Roads Act 1993 (NSW), ss 145, 204, 206 - Land Acquisition (Just Terms Compensation) Act 1991 - Land Law - Resumption of Land - Compulsory Acquisition - Appeal from Land and Environment Court - Determination of compensation - Compulsory acquisition of land owned by Council - Whether market value of land should be reduced by two-thirds due to restrictions imposed by Crown Lands Act - Where lands used as public open space for recreation - Crown Lands Act 1989 (NSW) - Land Acquisition (Just Terms Compensation) Act 1991 - D