Cases and authorities

Practice - Summary dismissal - Whether reasonable cause of action is disclosed - Possessory title - Asserted agreement between parties - Defendants acquire title by transfer from registered proprietor - Whether Plaintiff was a trespasser and his claim is grounded in an illegality - Effect of any such illegality upon entitlement of Plaintiff to invoke intervention by a Court of Equity - Estoppel - Feeding the estoppel - Whether equity should intervene to prevent Defendants from relying upon their strict legal rights - Possessory title can be acquired only of a whole parcle of land - Whether claim of Plaintiff is in respect to only one half of a whole parcel of land

Murder - manslaughter - self defence - Home Invasion (Occupants Protection) Act 1998 No 109

TRUSTS - Duties of trustees - Duty not to profit from trust - Duty to ensure trust property used for benefit of beneficiary - Exoneration of breach - 19-year-old girl obtains damages verdict - Father becomes trustee of proceeds - Proceeds used to purchase and improve house in which family lived - Contributions to improvements by father - Whether father should be reimbursed - Beneficiary moves away from house, receives no benefit from property for six years - Whether breaches of trust - Substantial capital gain - Whether father should be exonerated.

Sentence - manslaughter by provocation - no question of principle

Damages for defamation - costs - failure to claim interest - application for leave to amend statement of claim - right to claim interest - whether omission was deliberate - Supreme Court Act 1970 s 94 - relevance of delay in relation to award of damages - damage to reputation and injury to feelings - deprivation of money - costs of two counsel.

PRACTICE - Interlocutory applications - Rule of practice as to repeated applications - Whether applies to applications to set aside default judgments.

Imputations - capacity - form

Sentencing - severity appeal - five counts of robbery in company on indictment and four counts of robbery in company on a Form 1 - "an enormous criminal enterprise" - no question of principle.

Costs of appellant of criminal trial - verdicts of guilty insupportable because of insufficiency of evidence.

Crown appeal against inadequacy of sentence - Several offences - Accumulation of sentences - Concurrent sentences - Transparency and totality

Development application - when "made" - Environmental Planning and Assessment Act 1979 s 77 - Environmental Planning and Assessment (Savings and Transitional) Regulation clause 11 - D

MOTION TO REVIEW ORDER REFUSING LEAVE TO APPEAL

CORPORATIONS - Winding up - Insolvency - Time limit of six months for determination of proceedings - Application for extension of time after expiry - Whether slip rule applies.

SCR Pt 32A - dismisal of inactive proceedings

Practice and Procedure - Separate determination of an issue - Supreme Court Rules Part 31 Rule 2 - Principles applicable - Just, quick and cheap resolution of real issues, Part 1 Rule 3(1), (2) Supreme Court Rules - Application to order separate hearing of liability/quantum of damages or of liability/causation and quantum of damages dismissed

Stike out - malicious prosecution - false imprisonment

Award of costs of defamation acton - Supreme Court Act 1970, s 76- SCR P 52A r 33, deterrent effect of - whether successful plaintiff is entitled to an order for costs - diminution of quantum of costs - sufficient reasons for commencing or continuing proceedings in the court - discretion of the court -jurisdictional limit - complexity of the factual and legal issues - expectation of recoverable amount - assessment of costs on an indemnity basis - conduct of parties.

Corporations Law. Application to set aside statutory demand on the basis that it was proposed to set aside judgment upon which the demand was based. Judgment set aside after expiration of 21 day period and before hearing. Held that the affidavit filed within the 21 day period was sufficient to give jurisdiction. Demand set aside.

Misleading and deceptive conduct - Unconscionable conduct: - Relief granted against Heads of Agreement entered into in consequence of such conduct - Affirmation: Held no affirmation arising in the context of "without prejudice" correspondence aimed at achieving a settlement

Extension of time to commence proceedings ss 60G a and 60I Limitation Act - Viyager/Melboure collision

Publication on website - domain name register search - quality of disclosed information as to identity of a "publisher" - discontinuance - indemnity costs

REAL PROPERTY - Torrens Title land subject to notification under s25A of Crown Lands Consolidation Act 1913 - whether ceases to be land under Real Property Act 1900 and becomes Crown Land - title remains vested in the owner of the property before notification

Personal injury - fall from a ladder - independent contractor/employee - damages

Whether plaintiff should undergo MMPI-2 personality test

FAMILY LAW AND CHILD WELFARE [136] - Child welfare other than under Family Law Act 1975 - Adoption - Effect of order - SUCCESSION [171], [183] - Wills, probate and administration - Construction and effect of testamentary dispositions - Generally - Gifts to a class - When class is ascertained - Gifts to children and grandchildren - Gift to grandchildren born before a certain date - Whether class intended to remain open to include grandchildren born before but adopted after that date - When including.

Review Registrar's decision - subpoena

Contract- construction of deed - satisfaction of condition precedent- rescission by implication - whether conduct repudiatory.

Criminal law - sexual assault - indecent assault - directions to the jury - multiple counts - evidence of separate complaints - unsafe and unsatisfactory

Sentencing - Effect of incompetent advice when accused prepared to plead guilty - basis on which Court should proceed

Partnership - liability of partner - contribution between partners - partner insured - subrogation - insurer's right to contribution from other partner - D

Negligence - fall from a bridge - causation - alleged negligent construction of bridge - issue not decided below.

Negligence - Medical Negligence - whether surgeon failed to give adequate warning of possible adverse consequences - whether surgeon operated without undertaking sufficient investigation - whether the practice of surgeons was given sufficient weight by trial judge - whether failure to warn was a cause of injuries suffered by patient - whether patient's evidence proved this loss flowed from failure to warn - whether damages flowed from failure to warn - whether pre-operative condition should be taken into account in assessing damages.

Appellable error - error of fact by trial judge - agreement between parties as to error - consequences of error - "no harm" to parties.

Evidence - credibility -fresh evidence - application for new trial.

Corporations Law. Application to set aside statutory demand which demanded payment of a claim under a policy of reinsurance. Held that such a claim was not a debt. Also held that there was a genuine dispute about the claim. Demand set aside.

Slip-Rule

Local Court (Civil Claims) Act proceedings - action on insurance policy for damage to car - defence of fraud - onus on party raising fraud - circumstantial case - direct testimony to the contrary - no express rejection of testimony - requirements for express reasons - necessity to express crucial reasons - necessity to consider and expressly deal with party's case - reasons inadequate - underlying errors of law - proceedings remitted.

Assessment of damages - Failure of Defendants to complete contract to purchase rural property - Market value of property - Opinion evidence of valuers - Lifestyle characteristics of property - Asserted estoppel arising out of statement made by Counsel to Court of Appeal.

PROCEDURE [111]- Subpoena- Non resident defendant setting aside service- Subpoena to provide material for challenge a legitimate forensic purpose- Subpoena may be issued without appearance.

Appeal from Master against extension of limitation period. Ss 60C and E. - Application to strike out Statement of Claim. - Workers' Compensation Act, s. 151D whether operation of Act limited to assessment of damages.