Cases and authorities

Criminal Law - appeal after plea of guilty - whether plea entered under improper pressure from legal advisers

PRACTICE AND PROCEDURE - Hearing date - Application to vacate - Application refused - Application for leave to appeal from refusal ND

Appeal from award of Agricultural Committee awarding compensation to tenant - s.38 Commercial Arbitration Act - "manifest error of law on the face of the award" - finding of tenancy with person other than applicant - compensation under s.24 of Agricultural Tenancies Act awarded to applicant not tenant - intent of Committee unclear - remitted.

ARBITRATION - PRACTICE - Subpoenas - Subpoenas to produce documents - Whether tantamount to discovery - Whether oppressive - Issued in connection with arbitration - Whether artibrator should deal with application to set them aside - Interest of party to make such application, where recipient of subpoena willing to comply.

MORTGAGES — No Requirement for notice to enforce by taking possession — Other factors affecting court intervention.

ARMED ROBBERY - two counts - application for separate trials not granted - similar fact evidence - photographic evidence admitted - directions - special caution - ss115 and 116 Evidence Act 1995 - photograph taken at scene of crime not within ambit of sections - identification evidence - possession of hand gun - LARCENY OF A MOTOR VEHICLE - two counts - APPEAL AGAINST SENTENCE - retribution, deterrence and protection of society

DAMAGES - motor accident - whether significant impairment of ability to lead a normal life - cushion for economic loss - whether adequate - no question of principle. ND

Subpoena to third party - Managing Partner, Corrs Chambers Westgarth - SCR Pt 37 r 9

CONVEYANCING [60]- Time- Special condition in contract that if sum of money not paid vendor might rescind- Time not of essence- In any event time limit waived. WORDS & PHRASES- "Rescind".

Corporations Law. Application to set aside statutory demand. Demand varied. No matter of principle.

Appeal from Magistrate - whether plaintiff was denied natural justice and procedural fairness - strike out - whether proceedings are incompetent and frivolous

Criminal Law - inconsistent verdicts.

COMPANIES - Winding up - Conduct and incidents of liquidation - Time for commencing proceedings to recover preferences extended - Application to set aside order extending time - Summonses for examination of witnesses issued - Application to stay examination pending disposition of application to set aside order extending time. ND

Workers Compensation - indemnity of employer - causation - cause of accident

CONVEYANCING — Contract of sale of strata titled property — Failure to disclose by vendor or agent to unaware purchaser that laneway contiguous to garage not a public laneway — Appearance of public laneway — Purchaser cancels contract on that account there being no right of way provided free of cost instead — Vendor treats purchaser as having repudiated contract — Misleading advertisements suggesting public laneway or other access — Fraudulent misrepresentation and breach of s42 of Fair Trading Act 1987 by vendor and breach of s52 of Trade Practices Act 1974 (Cth) by estate agent acting on behalf of vendor — agency principles and responsibility of principal — Indemnity and contribution — No contribution required from estate agent — Accessory liability under s75B of Trade Practices Act.

Criminal Law and Procedure - Sentence - Armed Robbery - Assistance to Authority - Plea of Guilty - Omission to Consider - Resentence

Criminal Law and Procedure - Sentence - Armed Robbery - Pleas of Guilty - Intellectual Handicap of Offender - Failure of Sentencing Court to Advert to Matters of Mitigation - Resentence

Appeal against damages awarded in M.V.A. claim for personal injury- award fell outside ambit of exercise of judicial discretion - application to adduce fresh and further evidence - dispute concerning effect upon plaintiff of injuries sustained - result of 'functional overlay'.

COURTS - PROCEDURE - COSTS - Transfer from Supreme Court to District Court - Vacation of hearing - Costs

Valuation of land - caravan park - acquired as going concern - whether land worth 80% of price - personal goodwill - significance of substantial management input - modes of calculating land value

PROPERTY - Real Property - Torrents system - Caveat - Lapsing notice - Application for extension brought on last day - No satisfactory explanation - Application refused.

CORPORATIONS - members rights - right to requisition general meeting - meeting must be for a proper purpose - CORPORATIONS LAW - practice and procedure - s249Q - general meeting must be held for proper purpose - section does not change pre-existing law - CORPORATIONS LAW - constitution - resolution to change constitution - resolution to pay specified amount to an individual - resolution may usurp management but still within power - CORPORATIONS LAW - directors - whether special contract with company that provisions of constitution affecting directors would not be changed during their expected term - whether if such contract resolution can be passed resulting in breach - CORPORATIONS LAW - members rights - right not to be oppressed - usual remedy an action by the member/s under s232 - CORPORATIONS LAW - alterations to Constitution - whether restrospective - whether oppressive

Separate determination of issues - duty of care and breach of duty of care - doctor's receptionist

CORPORATIONS — Statutory derivative action — Essential element under s237(2)(a) not fulfilled — Defendant in proceedings allowed to be heard — Indemnity costs — Just, quick and cheap.

PROCEDURE - Ex parte applications - Duty of candour - PROPERTY - Real property - Torrens system - Caveats - Application to extend caveat - Need for candour and prompt service - Balance of convenience

CORPORATIONS - FAMILY LAW - Husband and wife shareholders and directors of corporation - Matrimonial proceedings in Family Court concerning property, including shareholding - Wife commences proceedings in Supreme Court for access to company records and for oppression - Whether a matrimonial cause - Whether stay should be granted.

Vexatious litigant - Institution of proceedings - Leave of court - Re-argument of matters already dealt with - Abuse of process - No prima facie ground for proceedings - No jurisdiction of single judge to review decision of another single judge - Limitation of action - Immunity of counsel - Indemnity costs

Whether Resolutions made by the defendant in relation to 'Residents Parking Schemes' are valid - Whether Resolution is ultra vires the Traffic Act 1909 and Motor Traffic Regulations 1935 - Whether Resolutions are void and of no effect on grounds of improper purpose and/or Wednesbury unreasonableness.

Wills - whether residuary bequest includes step-children - meaning of the term "children".

Criminal law and procedure - appeals against interlocutory rulings - When court will interfere with discretion of prosecutor as to continuation and conduct of proceedings - When court will grant a stay of proceedings - Criminal Appeal Act 1912, s5F

Criminal appeal - aggravated sexual assault - assault occasioning actual bodily harm - whether verdicts unreasonable. ND

Workers Compensation - "Occupational diseases" - Nature of employment to which diseases due - Employment risks - Gradual progression of diseases - Cumulative causes and aggravation of diseases over time - Liability of employer - Indemnification by insurer - Multiple insurers - Identification of liable insurer - Relevance of actual causation to insurers' liability - Relevance of mere risk of causation to insurers' liability - Liability consequences of triggering common and uncommon latent conditions - Effect of smoking on risk of contracting disease - Relevance of smoking to liability - Workers Compensation Act 1987, s 151AB. D

ABORIGINAL LAND RIGHTS - s36(1)(c) Aboriginal Land Rights Act 1983 - claimable Crown Lands - whether land needed or likely to be needed for an essential public purpose - whether question of law or fact - whether land likely to be needed by executive government for national park - meaning of word ‘likely’ in this context: ‘real or not remote chance or possibility’ - whether only one conclusion open on the facts - consideration of facts occurring subsequent to application

Evidence - Credibility of plaintiff in personal injury claim - Whether new trial should be ordered - Whether trial judge erred - Whether substantial wrong or miscarriage occasioned by errors of trial judge - Documents of unknown origin - Lack of objection to tender of evidence - Unproven doctor's history as part of expert evidence - Supreme Court Rules Pt 51 r 25 - Evidence Act 1995 (NSW), ss 55(1), 56(2) and 60. ND -

Stated case - Residential building work - Rectification work - Admissibility of documents

Application of totality principle where accused dealt with in different States - Reduction of NSW sentence to give effect to Queensland practice.

PROCEDURE - INJUNCTIONS - Mareva injunction - Limited injunction granted.

PROPERTY - Real property - Torrens system - Extension of caveat - Need for explanation of late application.

Application for adjournment.

Criminal Law - sentence - murder

Criminal law and Procedure - Sentence - Successive Incidents Involving Robbery in Company, Stealing from the Person in Circumstances of Aggravation and Assault Occasioning Actual Bodily Harm - Encompassing Sentence Effectively 3 Years 3 Months Minimum Term - 1 Year 9 Months Additional Term Not Excessive

WORKERS COMPENSATION - insurance premiums under s 168 of Act - Insurance Premiums Order - determination of premium payable by insured - whether insurance history of "predecessor" should be taken into account when assessing premium payable - assessment of premium reviewed by Respondent - ADMINISTRATIVE LAW - judicial review of the determination made by Respondent's delegate resolved in favour of Respondent - appeal from that decision - FACTS - Appellant company (SJP(NSW)) was closely related to another company (SJP (Aust)) - both companies had same registered office, telephone number, similar shareholding and largely similar trading names operating in the same market - ASSESSMENT OF INSURANCE PREMIUM - issue on appeal as to whether one company was the predecessor of the other - "predecessor" was defined by Insurance Premiums Order as where an "employer has acquired the business of the person" - meaning of expressions "acquire" and "business", given broad ordinary meaning - acquisition capableof occurring in a gradual way. ND

CORPORATIONS - Adjournment of winding up application.

Professional fees agreement - whether magistrate could be satisfied that document was executed on date specified - whether magistrate could find that the document was legally binding agreement - no error of law