Cases and authorities

CRIMINAL LAW AND PROCEDURE - SENTENCE - LONG DELAY BETWEEN OFFENCE AND IMPOSITION - SOME FACTORS FAVOURING OFFENDER - COMMENTS BY CROWN PROSECUTOR INSPIRING EXPECTATION - ABSENCE OF SPECIFIC REASONS FOR DISAGREEMENT - SPECIAL CIRCUMSTANCES - SENTENCE RECONSTRUCTED TO SHORTEN NON PAROLE PERIOD - NO SPECIAL MATTER OF PRINCIPLE

CONTRACT - offer and acceptance - whether conduct of the parties sufficient to demonstrate acceptance - whether silence can indicate acceptance - CONTRACT - capacity to bind third party - agency - authority to bind a company prior to becoming an officer of the company - PLEADINGS - whether trial judge properly disregarded the pleadings

TORTS - negligence - where failure to build concrete slab of specified thickness resulted in damage to buildings - whether proper basis for damages demolition and reconstruction or repair and diminution in value - whether trial Judge gave adequate reasons - appeal dismissed

Practice and Procedure. Review of Registrar's decision on costs. Need to hear full argument. Order made by Registrar varied.

Jury Trial - discharge of jury - counsel's opening

SUCCESSION [74]- Administrator- Rival administrators proposed- Mediation results in two solicitors being acceptable to all parties- Whether court could or should appoint those solicitors as administrators.

On application to tender transcript of video tape

CRIMINAL LAW AND PROCEDURE - SENTENCE - ARMED ROBBERY - YOUNG OFFENDER - THE OFFENCES WITHIN 24 HOURS - CONFESSION AT POLICE STATION A FEW DAYS LATER - DISCOUNT FOR GUILTY PLEA AND CONTRITION - DECISION ON PARTICULAR FACTS - NO SPECIAL POINT OF PRINCIPLE

CRIMINAL LAW AND PROCEDURE - SENTENCE - AGGRAVATED SEXUAL INTERCOURSE WITHOUT CONSENT - DISCUSSION OF SERIOUSNESS OF PARTICULAR FORM OF SEXUAL ACT - SPECIAL CIRCUMSTANCES

Sentencing - Manufacturing and supply of methylamphetamine - Repeat offence - Sentences partially cumulative - Sentences not excessive

Appeal against severity of sentence - Aggravated sexual assault - Aggravated indecent assault - Seriousness of offence - Subjective factors - Rehabilitation - Youth of offender

Conviction Appeal - stalking - whether relationship evidence admissible - whether probative value of evidence outweighed by danger of unfair prejudice.

Parity - no parity with non-co-offenders

Appeal from finding of no special circumstances.

Practice and Procedure - Limitation Act 1969 - extension of time in which to commence proceedings in negligence - whether applicant has established an arguable cause of action - student injured while driving teacher's car - whether there is an arguable case in negligence against the school.

EQUITY - Fiduciary obligations - Breach of fiduciary duty - Onus of proof. ND.

LOCAL GOVERNMENT - Roads - Alleged danger to pedestrians - Council's liability - TORT - Negligence - Pedestrian injured by fall in road - Whether road hazardous - Whether Council should have taken steps to alleviate danger. D.

CRIMINAL LAW - Murder - guilty plea - difference between intention to kill and intention to cause grievous bodily harm

CORPORATIONS - winding up - examination summonses and orders for production issued by liquidator - issued to directors and employees of a company which the company in liquidation is suing - whether an abuse of process

Sentence - manslaughter - s 23A Crimes Act 1900 - substantial impairment by abnormality of mind

PRACTICE & PROCEDURE - appeal from Residential Tribunal - reference to Master - no appeal to single Judge

CORPORATIONS - meeting of members - several objects of meeting confided by constitution and replaceable rules to board of directors - casting of shareholders' votes in favour of certain resolutions arguably in breach of contract - not appropriate in this case to await outcome of meeting - orders restraining voting granted

CONTRACT - Whether "heads of agreement" contractually binding - whether elements left to be agreed or otherwise uncertain rendered whole unenforceable - coherent and cohesive contract remained when such elements excluded - whether contemplation of future replacement agreement precludes finding of immediate contractual effect - construction of condition precedent - whether condition satisfied - CONTRACT - need for construction consonant with business reality - CONTRACT - implied terms - good faith, reasonableness, ensuring contracted benefit to other party, desisting from conduct hindering fulfilment - implied terms cannot rise above express terms - TORT - inducing breach of contract - requirements as to tortfeasor's knowledge - imputation of knowledge through common directors in wholly owned corporate group - whether one wholly owned subsidiary of parent induces or procures conduct of another wholly owned subsidiary of parent where both operate within authority framework created by that parent - CONTRACT - whether oral contract formed - ESTOPPEL - conventional estoppel

Family Law. Application under Property Relationships Act 1984. Consideration of whether contributions before and after the relationship can be taken into account. - Held in circumstances of this case they could. Claim for an adjustment to reflect the rental value of one party's occupation of the home during the relationship not allowed. Consideration of the impact of domestic violence on homeamker contributions.

Criminal Law and Procedure - Admission of evidence - accused identified in line-up - where none of the other men in the line-up were of similar appearance to the accused - probative value of evidence outweighed by danger of unfair prejudice - s 137 Evidence Act 1995.

CONTRACT - termination of contract - whether repudiation entitling appellant to rescind - admissibility of evidence - procedural fairness - assessment of damages - appeal allowed

TORTS - negligence - liability - Workers Compensation Act 1987 - deemed worker - employer uninsured - whether a party was a 'principal' - whether compensation can be ordered against appellant where judge noted a non-party was the principal - whether a positive finding made - CONTRACT - sub contractor - whether a contractual relationship existed - ND

CONFIDENTIAL INFORMATION - Injunctive relief - qualified obligation of confidentiality - public interest in information - balance of convenience - approach of appellate court. D

Criminal law - application for leave to appeal against sentence - robbery - different tellers menaced in one incident - whether an abuse not to charge as only one offence - sentences concurrent - no abuse - other offences - cumulation of sentences - no error - leave granted - appeal dismissed.

PRACTICE & PROCEDURE - jurisdiction of courts - purported removal of Treasurer of Aboriginal Land Council - jurisdiction of Supreme Court

Setting aside subpoena for production

Discount for assistance to authorities - "significance and usefulness" of assistance

CRIMINAL LAW AND PROCEDURE - SENTENCE - SEXUAL OFFENCES - "RANGE" - COMMENT ON PUBLISHED SENTENCE STATISTICS AND THEIR USE

ENVIRONMENTAL LAW - s 153 National Parks and Wildlife Act - easement - deeming provision - PROCEDURE - jurisdiction - transfer of proceedings - Land and Environment Court - Supreme Court - whether a right conferred by planning or environmental law - whether damages claim within jurisdiction Land and Environment Court - declaratory, injunctive relief sought - whether damages issue ancillary - PROPERTY LAW - easement - transfer upon sale - REMEDIES - judicial review of administrative decisions - ADJR Act - whether damages a remedy in judicial review proceedings - D

NEGLIGENCE - MOTOR VEHICLE - MAINTENANCE - DRIVING COMPETENCE - TYRE SEPARATION DEFECT - RETREAD - LIABILITY OF MANUFACTURER - TRADE PRACTICES ACT COMPLIANCE - INSPECTION FOR VEHICLE REGISTRATION - APPORTIONMENT

CRIMINAL LAW & PROCEDURE - Application for adjournment of sentencing proceedings - counsel unavailable

CRIMINAL LAW - Appeal against conviction and sentence - Whether verdict unreasonable - Whether open to jury to find that appellant knew and understood contents of document which he signed - Whether circumstantial evidence direction required - Whether consideration of parity required reduction in sentence. D.

Family Provision. Claim by a widow and stepson. Consideration of the claims of the widow for provision and whether such claim can properly be met by part of the appropriate provision being by way of life estate. Orders made for provision with part of the property being held subject to a life estate.

Administrative Law - Appeal against decision of Liquor Administration Board - Whether Board addressed right question - Wrong section of Act referred to - Meaning of consultation - Statutory scheme under Liquor Act with respect to gaming provisions - Procedural fairness - Right to respond to material provided to Board under the Act and at Common Law

Criminal Law - ss 6 & 24(2) Drug Misuse & Trafficking Act 1985 - take part in manufacture - appeal against refusal to direct not guilty verdict - miscarriage of justice - appeal against sentence - finding of "principal"

CRIMINAL LAW AND PROCEDURE - SENTENCE - SUPPLYING PROHIBITED DRUG (METHYLAMPHETAMINE) - POSSESSION (CANNABIS) TAKEN INTO ACCOUNT - TWO YEARS IMPRISONMENT NON PAROLE PERIOD EIGHTEEN MONTHS - PARTLY CONCURRENT WITH EXTANT SENTENCES - NOT EXCESSIVE - NO CALL FOR FURTHER BACKDATING - NO PARTICULAR POINT OF PRINCIPLE

Appeal against interlocutory judgment - abuse of process - conspiracy to commit the impossible

Appeal against conviction - Buggery - Sexual intercourse with child between 10 years and 16 years - Whether trial judge erred in not staying indictment - Whether delay, uncertainty and vagueness in the allegations of the complainant - Admissibility of complaint evidence - Directions to jury - Relationship evidence - Section 409B Crimes Act - Whether trial judge erred in not discharging jury after inadmissible evidence led on the basis that the jury would not have heard it - Whether evidence of complainant’s and mother’s financial circumstances should have been allowed - Whether verdict unsafe and unsatisfactory

CRIMINAL LAW AND PROCEDURE - SENTENCE - NO SPECIAL MATTER OF PRINCIPLE

BREACH OF TRUST - causation - effect of consequential breach - equitable compensation. D.

NEGLIGENCE - slope at rear of green on a golf course - wet after rain - plaintiff slid on slope - whether defendant took reasonable care to make course safe - wet slope not a hidden hazard - no negligence. D

CORPORATIONS - Scheme of Arrangement - subsequent change in circumstances just before second approval meeting - Effect on approval of scheme - Necessary safeguards - Short opportunity for further objection.

EQUITY - unconscionable dealing - special disadvantage - CONTRACTS - unjust contracts - Contracts Reveiw Act 1980 - Gablepath sued Murdoch on guarantee given by 3 Directors of Auto One Repairs for balance of purchase price of business secured by Bill of Sale over plant - Murdoch cross-claimed (1) against Gablepath for equitable relief and Contracts Review Act relief claiming he did not understand concept of guarantee (2) against Turbull Hill Solicitors who acted for him claiming guarantee was not adequately explained and he was not properly advised whether to enter into transaction. On the facts, Murdoch's claim not to have understood the transaction was rejected and numerous circumstances relied on as unfair to him were held not to be unfair - it was found that the Guarantee was adequately explained by solicitor - judgment for plaintiff, cross-claims dismissed.