Cases and authorities

PERVERSION OF COURSE OF JUSTICE - provided forged testimonial when being sentenced for assault - guilty plea - respondent discharged without proceeding to conviction on condition he enter into good behaviour bond - Crown appeal - misapprehended significance of forged letter to the sentencing - gave undue significance to fact perversion as to sentence rather than conviction - important to protect integrity of criminal justice system - sentence manifestly inadequate - Crown appeal and Crown had not sought and did not seek custodial sentence - respondent convicted and ordered to enter into good behaviour bond.

Local Government Act 1993 - tenders for tennis and squash courts - alleged breaches of s 45(2), 47(1)(c) and 55 - meaning of "adjoining" - operation of s 729 - "requirement as to the giving of notice" a "procedural requirement" - absence of procedural fairness a breach of the general law not the Act - D

CORPORATIONS — Court’s power to give leave nunc pro tunc to action against liquidator under a compulsory liquidation after liquidation tasks completed — Weak case — Degree of stringency of test to be applied affected by public purpose underlying need for leave and its application to the circumstances in which leave sought.

Application by plaintiff's counsel to address the jury panel: s 38(8) Jury Act 1977

Corporations Law. Application to set aside demand. Offsetting claim established and demand set aside. No matter of principle.

SCR Pt 3 r 1 - Preliminary Discovery - sufficiency of evidence - Defamation - newspaper rule - Constitutional Law - validity of SCR Pt 3 - Lange's case

Imputations - capacity - form - SCR Pt 67 r 11(3) - refusal of separate trial under SCR Pt 31 r 2 in respect of oral publication

Imputations - capacity - form - separate pleading of two articles in one newspaper

Imputations - capacity - "suspected"

Imputations - capacity - form

Interrogatories - discovery - Supreme Coutr Act 1970 Pt 7B - compulsory mediation

Criminal Law - Bail - s8A of Bail Act - presumption against bail - principles to be applied

SUCCESSION- Wills, Probate and Administration - testamentary capacity - whether testatrix affected by a delusion of the mind which bore upon her dispositions - a mistake is not a delusion if it can be explained by reference to the circumstances

Criminal Law - Admissions - s424A of Crimes Act - illegal search - rejection of evidence due to impropriety - s138 of the Evidence Act 1995

CONTRACTS [172] - Particular parties - Principal and agent - Authority of agents - Construction and extent of authority - Implied authority of general agents - Sister leaves to brother for 20 years all decisions re tenancy of property in which they have interest in common as landlords - EQUITY [39] - General principles - Equitable charges and liens - Money expended or benefit conferred on property of another.

Medicine - Hospital - Medical treatment - Insensate patient - Patient treatment - Scope of - Vegetative state - Diagnosis - Need for standard and guidelines - Parens patriae jurisdiction of Supreme Court - Withdrawal of treatment and feeding - Not for Resuscitation Order - Practice - Relief - Costs - Common fund basis.

Interest on costs - proceedings in Common Law Division - whether interest not payable unless Court otherwise orders.

LANDLORD & TENANT: Proceedings for possession - motions by plaintiff for summary judgment, by defendant for transfer to Administrative Decisions Tribunal under Retail Leases Act - whether tenancy governed by the Act.

PRACTICE - Injunctions - Ex parte application - Duty of candour - Whether plaintiff should disclose as to ability to honour undertaking as to damages.

PRACTICE & PROCEDURE: subpoena to Australian Transport Safety Bureau to produce air safety records - public policy - s19HC Air Navigation Act - subpoena to 3rd defendant - documents subject of order for discovery

Negligence - responsibility of Council for management of velodrome

Sentencing - severity appeal - obtaining a financial advantage by deception etc - whethr sentences manifestly excessive - relationship between discount for assistance to the authorities and special circumstances considered.

Manslaughter - domestic violence - Victims' Impact Statements - relevance - sentence of twelve years from 24 July 1999 with a non-parole period of eight years expring on 23 July 2007

Sentence - manslaughter - death caused by deliberately lit fire - domestic violence - need for general deterrence

CONTRACTS - Whether a concluded agreement was reached at a meeting between solicitors for the parties - Whether solicitors were lawfully authorized to reach agreement - Whether the handwritten document created at the meeting alone or in conjunction with a letter was a sufficient memorandum or note to satisfy s. 54A of the Conveyancing Act 1919 - Whether the plaintiff is entitled to specific performance of the agreement.

Solicitor's negligence - assessment of damages - Hungerfords v Walker damages

Negligence - causation - remoteness of damage - cross-claim - contract - reasonable fitness

Criminal law - sentences for two murders - operation of common law principles of "worst category" of case - effect of s 61 Crimes (Sentencing Procedure) Act - consideration of subjective circumstances - absence of jurisdiction to set non parole period for sentence of life imprisonment for murder.

criminal law - armed robbery - robbery in company - joint criminal enterprise - directions to jury - character evidence - sentencing

Negligence - professional negligence - barrister - solicitor - solicitor's duty to client based on contract - demutualisation of NRMA - whether involved expropriation or oppression - alteration of articles of association - "benefit of the company as a whole" - whether decision in Gambotto v WCP Ltd (1995) 183 CLR 432 was reasonably foreseeable - whether lawyers' duty of care extended to possible change of law in High Court appeal - standard of care for leader of profession - duty of care in advice as to law when special leave to appeal has been granted - expert evidence in professional negligence cases - whether prospectus misleading or deceptive - "free shares". D

Criminal Practice and Procedure - Sentencing - Manslaughter

PRACTICE - Contempt of court - Application involving determination of credibility of parties - No urgency - Undesirability of determining credibility on limited material, when credibility will be an issue at hearing of proceedings.

Criminal Law - sentencing - manslaughter - robbery in company - using an offensive weapon to prevent lawful apprehension -

Medical practitioner - Complaint - Disciplinary proceedings - Powers of Medical Board - Reference to Committee by Medical Board - Later reference to Tribunal by Medical Board - Procedure before Committee - Restriction on right to appear - Barrister or solicitor - meaning

Criminal Practice Procedure - Sentencing - Manslaughter

CORPORATIONS -Corporations law - statutory demand for building work part completed - no contract - question whether any debt had arisen - quantum meruit claim - STATUTES -Home Building Act 1989 - extension to hotel premises involving strata units required to be leased back to hotel owner - whether dwelling under the Act - whether excluded from definition by Home Building Regulation 1997 - STATUTES - Home Building Act 1989 - whether protection and rights and obligations apply in circumstances where there is no building contract - MORTGAGES -loan agreement in substitution for progress payment claim for building work done - whether enforcement breach under s94 of Home Building Act

Limitation of actions - application for extension of time to bring proceedings - delay - consideration of prejudice - whether it would be "just and reasonable" to order extension of time - Limitation Act, ss 60G, 60I and Schedule 5 clause 4(4).

STATUTES - Liquor Act 1982 s161A(4) interpretation - "as a result of an application that was finally determined" - grant of conditional licence by Licensing Court is a final determination of an application for the purposes of the section - consideration of entitlements "as a result of" that determination

CRIMINAL LAW - Crown appeal against sentence - life sentence - sentencing under s19A Crimes Act - operation of common law principle of "worst case" and s61 Criminal Procedure Act - heinousness - non parole period for life sentence - non parole period for life sentence in other jurisdictions - truth in sentencing principle - consideration of subjective circumstances when sentencing

MOTIONS - motion to stay execution of judgment debt - bankruptcy proceedings pending in Federal Court - granting of stay may prejudice respondent - no prejudice to claimant if appeal expedited - motion refused.

APPEAL AND NEW TRIAL - When appeal lies - From Compensation Court - Interlocutory decision - Final decision or award not involving claim for or question relating to amount of $20,000 or more - APPEAL AND NEW TRIAL - Points and objections not taken below - Question of law - In general allowed on appeal - Not allowed when curable at trial - WORKERS COMPENSATION - Weekly compensation - Termination of payments - In what circumstances - Procedure D

Professional negligence - plaintiff claims solicitor was acting for her and failed to advise her of risks of granting a guarantee & mortgage in connection with a transaction in which solicitor had a personal interest

CRIMINAL LAW - appeal against conviction - knowingly concerned in importation of heroin - appellant did not give evidence at trial - direction given in accordance with R v OGD before High Court decision in RPS v The Queen - whether miscarriage of justice