Cases and authorities

Administrative Law - Judicial Review - Application for relief in the nature of certiorari for error of law on the face of the record - Appeal against decision of Administrative Decisions Tribunal New South Wales Appeal Panel on questions of law - Whether Appeal Panel erred in construction and interpretation of legislation relevant to an application for an authority to fish in a restricted fishery - Fisheries Management Act 1994 (NSW), ss 3(2) and 112 - Fisheries Management (General) Regulation 1995 (NSW), cll 187 and 214C - Statutory Interpretation and Construction -Construction of legislation relevant to an application for an authority to fish in a restricted fishery - Meaning and definition of "ability" - Meaning and definition of "unable" - Justiciability of question of reasonableness of commercial fishing decisions - Discussion in obiter dicta about the meaning of "fault" - Discussion in obiter dicta about the relevance of conservation purpose of enabling Act re interpretation of regulation - Fisheries Management Act 1994 (NSW), ss 3(2) and 112 - Fisheries Management (General) Regulation 1995 (NSW), cll 187 and 214C - D

N/A

Torts - Negligence - Medical Negligence - Failure to warn - Role of medical evidence from specific practitioners in relation to Court's own assessment of necessity for warning and content of warning - Subjective and hypothetical nature of question as to whether patient would have heeded warning - Torts- Negligence - Medical Negligence - Causation - Appeal from trial judge's finding that no causation proved - Whether iron injections caused gluteal fibrosis - Where medical evidence was controversial - Where the trial judge observed the plaintiff give evidence and found her to be a poor historian - ND

DEFAMATION - Issues of capacity and form in respect of imputations - Identification - Group defamation - Radio broadcast with different segments relating to same subject matter - whether can proceed as one Statement of Claim

EQUITY - equitable remedies - interlocutory injunction - whether decision on interlocutory applicatoin will substantially determine the dispute - whether serious question to be tried on breach of contract and unconscionability grounds - balance of convenience where customers' rights and interests are involved - whether it is appropriate for court to impose 'commercial' solution between parties

Criminal Law - special hearing under s18 of the Mental Health (Criminal Procedure) Act - murder reduced to manslaughter, because of substantial impairment - malicious wounding with intent to cause grievous bodily harm - no question of principle

EQUITY - undue influence - father and daughter used proceeds of sale of their respective properties to buy property in daughter's name alone - whether transaction procured by undue influence - EQUITY - unconscionable conduct - daughter caring for father disabled by stroke - father and daughter sell properties and use proceeds to purchase home in daughter's name alone - transaction enables father to live with daugther and be cared for by her - whether unconscionable conduct by daughter

Common law - civil contempt, disobedience and abuse of the orders of the Police Integrity Commission - abuse of the administration of justice - non-publication order - power, jurisdiction and authority to make - construction of - whether confined to circumstances in which the order would or might further the purposes or object of the Police Integrity Act or the Commission or is reasonably relevant thereto - whether the Police Integrity Commission is a court.

Workers Compensation - back injury which subsequently worsened - pre-existing degenerative spinal condition - whether appellant could revoke election to claim permanent loss compensation - Workers Compensation Act 1987 s151A(5)(c) - whether, at the time of the election, there was reasonable cause to believe that further deterioration would occur - State of New South Wales v Taylor [2001] HCA 15 - Practice and Procedure - joint request of parties that matter be dealt with afresh in Court of Appeal - "dealing with the case on the evidence" - hearing de novo (D)

TORT - negligence - duty of care - duty owed to police officers - whether duty breached - failure to provide for a contingency - nervous shock - psychiatric injury - PROCEDURE - pleadings - Notice of Motion to amend pleadings on appeal - whether evidence addressed amended pleadings - whether prejudice suffered - D

PROCEDURE - limitation period expired - leave to commence proceedings - s 52(4) Motor Accidents Act 1988 - whether prejudice would deprive defendant of fair trial - whether full and satisfactory explanation for delay - ND

PROFESSIONAL DISCIPLINE - whether person entitled to use name or title 'physical therapist' - where person a registered nurse entitled to practise physiotherapy in some circumstances - Physiotherapists Registration Act 1945, s26(1)(b)

Family Provision. Application by a daughter. Majority of estate left to one child. Order for a legacy in favour of plaintiff. No matter of principle.

Place of public entertainment - entertainment - licensed premises

Undue intervention by trial judge in examination and cross-examination - erroneous restriction on cross-examination of possible suspect - failure by accused's counsel to lead evidence of good character - evidence incorrectly rejected - competence of counsel - whether verdict not reasonably supported by the evidence

Sentencing - limited facts put before sentencing judge - whether sentencing judge considered disadvantages to family of appellant while appellant serving sentences - whether special circumstances - fresh evidence argued.

Legal Practitioners - application to stay pending proceedings in Administrative Decisions Tribunal - claim of abuse of process due to delay and death of witness - summons dismissed (ND)

NEGLIGENCE - Motor vehicle accidents - where multiple accidents of which defendant only liable for one - whether damages properly assessed.

Application for leave - Small Claims Division of Local Court - breach of tenancy - damages small

Sentence -dishonestly obtain money by deception - appeal against severity - consideration of subjective circumstances when offender elects not to give evidence - consideration of early guilty plea by trial judge.

CORPORATIONS - Statutory derivative action - Application in a liquidation situation - Scope for the general law assisted by s477(6) and s511 Corporations Act.

LOCAL COURT - Appeal - action by respondent to recover money paid under BSC Comprehensive Insurance Scheme - question whether losses "reasonably incurred"

PRACTICE AND PROCEDURE - error in committal proceedings - whether Court of Criminal Appeal had jurisdiction to issue relief - Administrative Decisions (Judicial Review) Act 1977

CRIMINAL LAW - sentencing - revenue offence against Commonwealth - factors to be considered in exercising the discretion to dismiss a charge without proceeding to conviction - Crimes Act 1914 (Cth), s16A and s19B.

PERSONAL PROPERTY - Possession - Immediate right to possession - Entitlement thereto - Whether in owner or bailee or both - TORTS - Negligence - Motor accident - Plaintiff's employer in possession of vehicle - Whether "owner" within meaning of Motor Accidents Act 1988. D.

Admission of person accused of a criminal offence into Drug Court program - definition of 'eligible person' - meaning of 'an offence involving violent conduct' - whether assessed in relation to particular acts of accused or elements of offence charged - whether threat of violence constitutes violent conduct for purposes of Drug Court Act - appeal allowed.

CONTRACT - Construction of terms - Breach and anticipatory breach - whether party repudiated contract by indicating a firm intention of unwillingness to perform - whether term breached where no reasonable time given for performance - whether party committed anticipatory breach by being wholly and finally unable to perform - no breach or anticipatory breach established - appeal dismissed. PROCEDURE - splitting of issues - need to define parameters of hearing limited to liability - need to prove that useful purpose will be served by enquiry as to damages. D

DEFAMATION - damages - aggravated damages - publication of newspaper material on the internet

Defamation - application to strike out statement of claim - ulterior purpose - inactivity - application to be removed as a party to the proceedings - security of costs.

Criminal law - Sentencing - Manslaughter by criminal negligence by mother of her 2 year old child - failure to seek medical treatment - failure to separate from non-parental de facto she being aware of maltreatment of victim by him - Plea of guilty - assistance to authorities - undertaking to give evidence against co-accused (charged with murder of child) - Crimes (Sentencing Procedure) Act 1999 - s 44(2) Special circumstances: offender 24 years of age suffering from incurable, progressive, congenital retinal dystrophy, close to legal blindness, will be blind within decade, sentence to be served in strict protection.

CONTRACT - offer and acceptance - offer to settle workers compensation claim made subject to requirement that claimant resign - offer purported to be accepted without requirement for resignation - whether binding agreement to settle the claim - no contract

Legal Practitioner - solicitor - suspension from practice outside New South Wales by reason of misconduct - Suprme Court Rules Part 65A r 3 - whether Court should otherwise order.

Corporations Act. Application to set aside statutory demand. No matters of principle.

Practice - Pleading - Embarrassing and Prejudicial language - Failure to disclose cause of action - doctrine of judicial immunity.

Criminal law - costs ss 2,3 and 3A of the Costs of Criminal Cases Act 1967 - whether, if the Crown had, at the time the applicant was charged, known all of the relevant facts, it would not have been reasonable to institute the proceedings.

Appeal against conviction - Application for leave to appeal against severity of sentence - Application for extension of time - Sexual assault - Manifest excessiveness - Subjective matters - Special circumstances - Re-sentencing

CRIMINAL LAW - Community Service Order - breach - warrant for arrest - Community Service Order expired - whether execution of warrants lawful - CRIMINAL LAW - ss 23, 24 Community Service Orders Act 1979 - meaning of 'proceedings' - whether referred to actual arrest or issue of warrant - ND

Defamation - whether statement capable of conveying pleaded imputation - principles relating to award of exemplary damages - whether damages excessive - appeal dismissed.

Equity - whether parties entered into binding agreement that respondent would refer clients to first appellant - whether express term - whether implied term - whether fiduciary duty existed - appeal dismissed.

CORPORATIONS [245]- Winding up- Insurance broker- Only asset trust account- How distributed.

Criminal law - Crown appeal against leniency of sentence - supply of not less than a commercial quantity of methylamphetamine and pseudoephadrine - conspiracy to supply not less than a commercial quantity of cannabis leaf - possession of unauthorised firearms - s33 of the Crimes (Sentencing Procedure) Act 1999 - residual discretion to dismiss Crown appeal.

Failure to give a direction in accordance with Longman v The Queen (1989) 168 CLR 79 at 90-91 where lengthy delay and Crown case depended on complainant - adjustment of sentences on other matters to accommodate new trial on certain offences