Cases and authorities

Criminal Law - Indecent assault - elements of assault - erroneous directions lead to miscarriage of justice

MEDICAL PRACTITIONERS - Professional discipline - whether error of law on part of tribunal - where finding of professional misconduct - where sexual contact between doctor and patient - whether correct standard of proof applied - whether requirements of procedural fairness complied with - whether details of tribunal's decision inadequate - where significant conflict of evidence - Medical Practice Act 1992, s165.

Criminal Law - Summing up - warning to jury under s 165 of the Evidence Act - evidence of a 'kind' that may be unreliable

strike out part of statement of claim

EQUITY [151]- Trusts- Trading trust- Trustee as lessee- Extent of liability. LANDLORD & TENANT [43]- Covenants- Assignment- What is withholding of consent- Proposed assignment to X as trustee of Y discretionary trust- Factors involved. WORDS & PHRASES- "Withhold".

Manslaughter - Sentencing - Length of non-parole period - Discount for plea

Sentencing - Crown appeal against inadequacy of sentence - larceny by a servant - balance of subjective and objective circumstances - whether too much weight given to subjective circumstances.

Application for direction to the Parole Board - Robbery - Abuse of process - Conditions of parole order - False, misleading or irrelevant information

Sentence - amendment to non-parole period.

Practice and procedure - Appeal from Fair Trading Tribunal of NSW - whether Tribunal obliged to give reasons for decision without request to do so - whether jurisdictional limit applies to the amount mentioned before the Tribunal or on appeal - whether the regulation prescribing jurisdictional limit is ultra vires

Manslaughter by criminal negligence - pushing semi-conscious body of dececeased into river - early plea - offender affected by amphetamines placed in his drink by others without his knowledge - exceptional circumstances - well established rehabilitation - remorse - contrition. 2 year sentence of imprisonment suspended s.12 Crimes (Sentencing Procedure) Act 1999.

Plaintiff seeking order in the nature of mandamus directing the Parole Board to exercise its discretion under s 165 Crimes (Administration of Sentences) Act 1999 to direct that the remainder of the plaintiff's sentence be served by home detention - plaintiff convicted on two counts of robbery in company - plaintiff's sentence to be served by periodic detention - plaintiff failed to report - revocation order made pursuant to s 163(1) - revocation order confirmed at Parole Board hearing

Costs - application for leave to appeal - indemnity costs

Strike out part of defence & cross claim - GST - Frustration

CONTRACTS - building, engineering and related contracts - adoption of report of referee - principles to be applied - TRADE PRACTICES - referee's finding of misleading and deceptive conduct in contract formation - materiality thereof - misrepresentation by silence - misrepresentation as to independence of superintendent - appropriate compensation

PROCEDURE — Corporations — Release of pleadings to press before trial — Practice Note 97 — No prejudice to fair trial — Other defendants released their Defences.

Sentence - guilty plea - manslaughter - joint criminal enterprise - co-operation with authorities - youth - special circumstances

Appeal against sentence - Importation of a commercial quantity of Heroin - Applicant's involvement - Applicant's assistance with authorities

LEGAL PRACTITIONERS - Professional discipline - where barrister consented to removal of his name from the Roll of Legal Practitioners - where barrister did not file taxation returns for professional practice or personal income - whether declaration as to whether fit and proper person for legal practice should be made - whether declaration of professional misconduct should be made

APPEAL - person interested not made a party - procedural fairness. (ND)

Claim for damages arising out of the issue of garnishment notices to enforce a judgment for unpaid tax - whether notices of assessment had been served

Torts - Negligence - Breach - Personal Injury - Whether employer negligently breached duty to prevent reasonably foreseeable risks of injury to employee - Whether an alternative system of cleaning whereby cleaning would occur at a different time would have significantly reduced the risk of injury to the employee - Where employee at nursing home suffered personal injuries as a result of slipping on a freshly mopped wet floor at work - ND

CRIMINAL LAW - Sentence - manslaughter - substantial impairment

Sentence - Crown appeal - Armed robbery - Malicious wounding - Inadequacy of sentence - Double jeopardy - Resentence

Practice and procedure - order for trial of a separate issue - no question of principle

PROCEDURE - judgment - appropriate currency where company based in Australia put to foreign currency expenditure

Criminal law - sentence - infanticide - post natal depression

Practice and procedure - statement of claim struck out - appeal from Master - no question of principle

Practice and procedure - separate trial - no question of principle

Sentencing - manslaughter - unlawful and dangerous act - offender pleaded guilty of manslaughter - domestic violence - relationship between offender and defacto characterised by violence and abuse - offender stabbed defacto following a confrontation - special considerations in the sentencing of aboriginal persons - exceptional circumstances - inapproprate for the imposition of a custodial sentence - good behaviour bond with conditions imposed in accordance with s 9 of the Crimes (Sentencing Procedure Act) 1999

CRIMINAL LAW - Sentence - provocation manslaughter

Family Provision. - Application by a daughter. Estate too small to accommodate plaintiff's claim and that of the widow. Order that the widow receive the whole of the estate.

Lease agreement - guarantee - where respondents guaranteed obligations under lease agreement - whether original agreement terminated - whether guarantor had any ongoing obligation - appeal dismissed.

District Court - all grounds appeal - application for relief in nature of certiorari - no jurisdictional error or lack of procedural fairness (ND)

Bailment - Sub-bailment - Possession of goods - Liability for damage to goods - Whether existence of legal relationship of bailment - Whether existence of "possession" sufficient to create legal relationship of bailment - Whether sub-bailment existed - Where boat manufacturer contracted with a company to transport a boat to a freighter, and the company sub-contracted with a sub-contractor which negligently damaged the boat - Contracts - Construction of exclusion of liability clause - Construction of indemnification for liability clause - Where boat manufacturer contracted with a company to transport a boat to a freighter, and the company sub-contracted with a sub-contractor which negligently damaged the boat - Where contract between company and sub-contractor contained exclusion of liability and indemnification of liability clauses - Contracts - Commercial Contract - Sale of Goods - Transfer of ownership of goods - Whether plaintiff had legal ownership of goods at time that goods were damaged so that plaintiff had standing to sue - Timing of transfer of property - Intention of parties re timing of transfer - Where boat manufacturer contracted with a company to transport a boat to a freighter, and the company sub-contracted with a sub-contractor which negligently damaged the boat - Sale of Goods Act 1923 (NSW), s 23 - D

Contempt of Court - failing to comply with orders of the Court - breach of Corporations Law by publication on website of securities reports - circumstances making acts of publication innocent - arranged for website to be operated by a New Zealand company of which defendant was a director and sole shareholder - contractually bound to that company to provide at least five postings per week to the website.

Section 10 Crimes (Sentencing Procedure) Act - whether order should be made dismissing charge, notwithstanding verdict of guilty - offence not trivial.

PROCEDURE [95]- Pleadings- Particulars- Equity suit- When ordered- Insolvent company- Defendant former director- Particulars refused.

Contract - duty of care - accountant retained to review financials of target company & perform special audit work in connection with company acquisition - standards of review work - failure to detect major management oversight - company acquired on basis of advice -defendant bound by method of conduct of hearing - entitlement of parent company to sue for loss represented by loss of wholly owned subsidiary.

PROCEDURE [105] - Practice under Supreme Court Rules - Directions - Definition of issues - Creation of schedule relating to accounts between parties.

Extension of time to commence proceedings - ss 60G and 60I Limitation Act - Voyager/Melbourne Collision

FIDUCIARY DUTY - breach of duty - account of profits - period required to account for - allowance for fiduciary's time and expenses - CONFIDENTIAL information - commercial information - agency - liability of principal - ACCOUNT OF PROFITS - period required to account for - permissible deductions

PROCEDURE - costs - departure from rule that costs follow event - each party enjoying substantial success - each to bear own costs