Cases and authorities

CORPORATIONS — Application to set aside statutory demand — Mandatory requirements for supporting affidavit — Failure of affidavit to comply with Corporations Rules not fatal — Public policy as basis for setting aside statutory demand under s459J(1)(b).

VEHICLES and TRAFFIC - Regulation of traffic - traffic signs and notices - local council constructed a partial road closure with associated signage changing the traffic flow to one way traffic with a "No Entry" sign - RTA opposed restriction to one-way and proposed to restore two-way by substituting "Give Way" sign - powers and functions of roads authority to construct traffic control facilities - Roads Act 1993 ss 87, 114, 115, 116 HELD RTA had power to change signage. - LOCAL GOVERNMENT - regulation of traffic - see VEHICLES and TRAFFIC - HIGHWAYS and BRIDGES - regulation of traffic - See VEHICLES and TRAFFIC

Coroners - Coroner's court - Termination of inquest and inquiry - Meaning of terminate - Findings - Verdict of jury - Record of findings or verdict - Presumption of regularity - Recommendations - Time at which recommendations are to be made - Power of coroner - Procedure in coroner's court - Alternative procedures - Discretion of coroner - Amicus curiae - Costs

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

MANSLAUGHTER - causing death by criminal negligence - whether jury could be satisfied beyond reasonable doubt that appellant's act constituted criminal negligence - pointing shotgun, putting safety on and off and pulling trigger - safety not properly on - gun discharged - answer yes.

Malicious wounding - stalking - inconsistent verdicts - Crimes Act s562AB - discharge of jury - character of the accused.

Appeal against severity of sentence - Error in applying Pearce v The Queen conceded - Error in taking matters into account - Re-sentencing - Application of Crimes (Sentencing Procedure) Act 1999

SENTENCING - Severity appeal - taking part in the coming to Australia of non-citizens - people-smuggling - stowaways secreted in ship by deck officer - strong deterrent element - exceptional subjective circumstances.

INDUCEMENT OF BREACH OF CONTRACT - proof of intention to induce breach - NEGLIGENT MISREPRESENTATION - effect of non disclosure - TRADE PRACTICES - misleading and deceptive conduct - causation - VICARIOUS LIABILITY - employees appointed directors of other company

CRIMINAL LAW - sentencing - triple murder - family members - pleas of guilty

Imputations - capacity - radio broadcast - identification - particulars

NATURAL JUSTICE - Whether defendants denied right to call a relevant witness - whether defendants denied natural justice by adverse findings on matters not put to them during the trial.

FIDUCIARY OBLIGATIONS - Nature of fiduciary relationship and nature of breaches of fiduciary duties - Admission during trial that consent would not be argued - Effect of admission. ASSESSMENT OF LOSS - Relevant causal questions - Whether loss suffered.

Criminal law and procedure - Aggravated dangerous driving causing grievous bodily harm - Appeal by Crown against sentence - when sentence of periodic detention appropriate - whether collision was due to 'momentary inattention or misjudgment' - Crimes Act 1900, s52A(4) - Criminal Appeal Act 1912, s5D

Criminal Law and Procedure - Sentence - Drug Trafficking - Medical Condition of Appellant - Relevance to Quantum of Sentence - Inference by Sentencing Judge of Significant Involvement by Appellant in Drug Trade

Judgment on costs following delivery of judgment on 26 June 2000

Judgment on costs following delivery of judgment on 26 June 2000

ADMINISTRATIVE LAW - RETIREMENT VILLAGES - application to Residential Tribunal after budget impasse - proceedings in Tribunal commenced when Retirement Villages Act 1989 in operation - whether maintainable after repeal of that Act - transitional provisions in Retirement Villages Act 1999 whether such provisions showed contrary intention to exclude operation of s30 of Interpretation Act 1987 - STATUTES - Interpretation - Interpretation Act 1987 s5(2) and s30 - whether contrary intention shown in Retirement Villages Act 1999 so as to exclude operation of s30 in respect of pending proceedings under repealed 1989 Act before Residential Tribunal. - STATUTES - Retirement Villages Act 1999 - repeal of Retirement Villages Act 1989 by s206 - effect on proceedings commenced in Residential Tribunal - STATUTES - Residential Tribunal Act 1998 - s6 - jurisdiction to determine applications pending under Retirement Villages Act 1989 at date of repeal of that Act

Arbitratiion- appeal from award- date from which time for appealing runs- SCR P.72A R5 construed. - Otherwise, no question of principle.

Family Provision. Application by a widow who had received nothing under the will of the deceased after a 44 year marriage. Order made in favour of plaintiff. Consideration of form of the order.

CONVICTION APPEAL - prejudicial material accidentally went to jury - Crown conceded - conviction quashed and new trial ordered.

CRIMINAL LAW - admissibility - identification prior to trial - whether witness' recollection "fresh" - Evidence Act s66

CRIMINAL LAW - Admissibility - evidence of witnesses' recognition of an object in photographs

CORPORATIONS — Scheme of arrangement effecting a merger — Exclusivity period during which it is sought that no other proposal be canvassed — Legality of such constraint — Need to qualify by reference to directors’ duties and lawfulness — Other requirements for acceptability — Comparison of UK under Panel rules.

Stated case - Local Courts - practice - judgments and orders - setting aside - where entered irregularly - illegally or against good faith - Local Court (Civil Claims) Rules Pt 26 r 3

SUCCESSION - FAMILY PROVISION AND MAINTENANCE - Plaintiff without adequate resources for proper maintenance due to plaintiff's actions since death - Plaintiff blind and mentally handicapped - Whether provision inadequate - COSTS - $120,000 in issue, costs over $100,000 incurred - Costs from estate limited to $60,000.

Guarantee- discharge of surety, by reason of variation of contract between creditor and principal debtor- no question of principle

Justices Act 1902 s 104 - Local Court (Civil Claims) Act 1970 s 69 - contract - whether magistrate erred in finding that the plaintiff intended to enter into a binding contract with the defendant

CONVICTION - numerous assertions of errors or miscarriages in the trial - none of substance - no question of principle.

Discovery

Notice of Motion - Finalisation of Proceedings

APPEAL AND NEW TRIAL - Point not taken below - When may or may not be raised - Court of conduct of trial - Point raised in Defence but not argued at trial - HIGHWAY AND BRIDGES - Negligence and nuisance - Injuries to user of highway - Liability of highway authority - In respect of what matters - Plaintiff fell down steps in an elevated footpath adjoining road while jogging late at night - Whether defendant liable - INTEREST - Award of interest as damages - Personal injuries - Non-economic loss - Rate of interest appropriate - How to be applied. D

Practice - Security for costs - Plaintiff ordinarily resident outside New South Wales - Rules of Court - Inherent jurisdiction - Australian Constitution - Disability - Discrimination - Subject of the Queen - Resident in any State - Immunity - Effect on validity of law - Discretion

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

Application for leave to amend granted. Held that one proposed amendment was not futile and, without deciding on the others, that they should be allowed.

SUCCESSION - letters of administration - competing applications for grant between daughter and alleged de facto husband - whether de facto relationship established - DE FACTO RELATIONSHIPS - whether established

Appeal decision of Fair Trading Tribunal

Directions to jury

[TRADE PRACTICES] - Whether share sale agreement should be set aside on the basis of false or misleading representations upon which the plaintiff claims it relied and was induced to purchase the shares. [AGENCY] - Whether vendors of shares authorized the maker of the representations to negotiate with the plaintiff on their behalf - Whether the maker of the representations was authorized by the vendors of the shares to make the representations - Vendors knew that maker of representations was in the habit of making optimistic and sometimes false statements about the performance of the relevant corporation and did not place any limit or restraint on maker of representations in the negotiations.

CORPORATIONS — Deed of company arrangement ("DCA") — application to set aside DCA under s445D of Corporations Law — Relevance of later events such as subsequent availability of funding for litigation and payment to creditors well in excess of that offered under DCA— Weight to be given to creditors vote in favour of DCA and significance of voting when influenced by votes of those potentially subject to recovery proceedings for preferences etc — General observations on administrator pursuing litigation funding possibilities.

Admissibility of record of evidence taken under SCR Pt 27

Family Law. Application under Property Relationship Act for adjustment of parties to property. Discussion of allowances for improvements to and conservation of property.