Cases and authorities

strike out application - defences of comment - contextual truth and unlikelihood of harm - post s 7A trial

Plaintiff arrested and charged in Victoria on conspiracy to traffic in large commercial quantity of prohibited drugs. Conspiracy per taped telephone conversation. - Whether later First Instance Warrant for arrest issued in N.S.W. constitutes abuse of process.

CONVEYANCING - caveat against dealings - claim based on interest of chargee under charge from transferee of land under unregistered transfer the land having been transferred to another purchaser by transfer alleged to have been obtained by fraud - whether claim was for an interest in land - no caveatable interest

Family Provision. Application by a daughter suffering from multiple sclerosis. Small estate part of which had been expended by the defendant widow withno adequate explanation. Order for a conditional legacy made.

PROCEDURE - costs - appeal from Master - indemnity costs

Criminal Law and Procedure - Murder

Practice and Procedure - Case Management - Commercial List Practice - "Enough is Enough" proposition - Expert advice as to foreign patent law - need to specially plead foreign law - Practice and Procedure - Discretion to permit amendment of pleadings - Principles Applicable thereto - Justice Paramount consideration - Just, Quick and Cheap resolution of disputes

Practice and Procedure - Leave to permit the reading of statements filed out of time - regulatory evidence - evidence of technical requirements and timing

Local Court - Natural justice - Procedural fairness - Agreed procedure - whether fair - Written statements - Right to oral hearing - Right to cross-examine - Whether refusal constitutes denial of natural justice - Amendment of grounds of appeal - Ambit of appeal from Local Court (Civil) - Re-opening case - Discretion

INTEREST [5] - Recoverability of interest - Award of interest as damages - Up to judgment - General principles - Supreme Court Act 1970 s 94 - In "proceedings for recovery of any money" - Proceedings for declaration of sum repayable under mortgage - What are - INTEREST [21] - Where equitable relief or fiduciary relationship - Where contract displays intent that no interest be paid.

Security for costs - Held that in the circumstances the plaintiff/respondent to an application for security for costs is not entitled to production of the professional indemnity policy of the applicant.

Family Provision. Claim by a former de facto partner. Consideration of nature of relationship. Order for a legacy made in favour of the plaintiff.

Criminal law - sentence - appeal - Court of Criminal Appeal - appeal by way of rehearing or for error - fact finding - approach on appeal to discretionary judgment below - principle in House v. The King applicable to appeals under ss.5 and 6 of the Criminal Appeal Act 1912.

Criminal law - application for leave to appeal against sentence - conspiracy to commit larceny - pre-sentence custody - extent to which non-parole period of sentence should be backdated - where pre-sentence custody partly a result of revocation of parole on earlier conviction - discretionary matter - appeal dismissed.

Sentence - allowance for pre-sentence custody

SENTENCING - Severity appeal - special circumstances - accumulation of minimum term upon pre-existing term - whether overlooked by sentencing judge.

SENTENCING - Severity appeal - strong subjective circumstances - Re-sentencing required by sentencing judge overlooking the requirements of s 6(3) of the Sentencing Act 1989.

Application by media for publication of ERISP and other matters

CONVEYANCING [184], [191] - Land titles under the Torrens system - Caveats against dealing - Practice - Order extending caveat - Principles applying to exercise of discretion - Who may lodge - Person who lodged lapsed caveat - Grounds substantially the same - Court's discretion to allow - Principles applying to exercise of discretion.

Imputations - capacity - radio broadcast

[EQUITY] - Whether the Cherry v Boultbee equity applies to the assignee of the first defendant. [DEEDS] - Construction of Deed of Settlement - Whether it is to be construed as a release or a covenant not to sue - Whether trustee plaintiff is required to retire as trustee prior to approval of new trustee by ASIC. [CORPORATIONS LAW] - Nature of ASIC's powers under s 1067 are broad and to be exercised to enable efficient and effective transfer from retiring trustee to new trustee.

WORKERS COMPENSATION - claim for compensation and damages - whether injury deemed to have occurred after 30 June 1987 - s 16 of Worker’s Compensation Act 1987 applies to claims for compensation, not damages - award for past voluntary service not excessive or contrary to s 151K(3) of Worker’s Compensation Act 1987. - DAMAGES - whether damages assessed under correct legal regime - s 16 of Workers Compensation Act 1987 does not affect common law rights - - no appealable error in assessment of general damages or non-economic loss

NEGLIGENCE - personal injury - damages - whether interest payable

Criminal law - murder - judge only trial - intent - self-defence - Home Invasion (Occupants Protection) Act 1998 - Act a code - not necessary to determine whether immunity under Act wider than common law defence - onus and standard of proof - matters to be considered relating to reasonableness of grounds and necessity for self-defence - perception of accused - significant intellectual impairment - limited extent to which reasons should be given on an acquittal in a judge only trial.

EQUITY [191]- Trusts- General administration- Applicants for Family Provision order have no standing to seek general administration or require accounts- Even if they had standing, order would only be made at applicants' cost SUCCESSION [335]- Family Provision- Applicants do not have standing to seek general administration or require accounts.

CONTEMPT - breach of interlocutory injunctive orders - some charges proved

Crown appeal against sentence - armed robbery - assistance given by accused to police - breach of recognizance.

SENTENCING - Crown appeals against inadequacy - aggravated robbery in company - whether sentencing judge erred in not holding that weapon was loaded at the time of the robbery - retrospective operation of the doctrine of continuance applied.

Criminal Law - multiple offences - imposition of correct sentences for each offence - application of Pearce v The Queen - need for legislative reform to enable Court to review all sentences when error in respect of principal sentence and other sentences manifestly inadequate - need for Crown to lodge appeals as to inadequate sentences - change of practice required pending legislative amendment

Transfer of proceedings - plaintiff a resident of Queensland and pleads causes of action that include torts that occurred in Queensland - applications for transfer of proceeding under Jurisdiction of Courts (Cross-vesting) Act 1987 (the Cross-vesting Act) from Dust Diseases Tribunal to Supreme Court of Queensland - choice of law - sections 12A, 25(3), 25A and s25B Dust Diseases Tribunal Act 1989 (the DDT Act) - plaintiff seeks to rely upon ss 25(3) and 25B DDT Act to take advantage of evidence tendered and findings made in earlier matter - operation of ss8(1)(b)(ii) and 5(2)(b)(iii) Cross-vesting Act - Supreme Court has jurisdiction to remove and transfer to Queensland a proceeding pending in Tribunal under Cross-vesting Act - ss10 and 11 DDT Act - Tribunal itself lacks jurisdiction to transfer matter - cross-vesting scheme operates independently of High Court’s forum non conveniens doctrine - Constitution s118 - "interests of justice" in s5(2)(b)(iii) Cross-vesting Act - matters to be taken into account in deciding "more appropriate" forum - plaintiff’s choice of Tribunal and reasons for it are relevant considerations in determining forum - whether onus should rest on applicant for transfer of proceedings - proceeding in Tribunal unlikely to exceed four hearing days compared to weeks in proposed transferee court - unique procedural powers of the Tribunal relevant and significant in task of determining more appropriate forum - "interests of justice" favouring refusal of transfer - applications dismissed with costs. (D)

Conflict of laws - appellant claiming damages for asbestos related pleural disease - s11 Limitation of Actions Act 1974 (Qld) - characterising laws as procedural or substantive for choice of law purposes - s5 Choice of Law (Limitation Provisions) Act 1993 (NSW) (the Choice of Law Act) - whether the Choice of Law Act has been displaced by s12A Dust Diseases Tribunal Act 1989 ( the DDT Act) - the Choice of Law Act not a statute of limitations - double actionability rule for Australian torts - Choice of Law Act occupies totality of intended field - importation as substantive law the limitation laws governing in place of tort displaces limitation laws governing in forum - discussion of Second Reading speech for the DDT Bill - restraint to be exercised in construing enactment in light of Minister’s speech - intended effect of enactment as distinct from mischief giving rise to it - no error of law in the trial judge’s refusal of an award for economic loss - loss of earning capacity - no error of law where tribunal unpersuaded of financial loss - no evidence about availability of relevant remunerative work in area plaintiff lives - appeal dismissed with costs. (D)

Practice and Procedure - Objections to admissibility of statements - Standard Directions given to be applied to all objections taken to statements of over 130 witnesses.

Cocaine importation - being knowingly concerned in importation of not less than commercial quantity - conspiracy to money launder - conspiracy to supply not less than commercial quantity - guilty pleas to all charges - whether sentence exceeded the range promulgated as appropriate by experienced Crown representatives - whether error is disclosed in sentencing above such a range - whether obligatory for sentencing judge to advise parties that consideration is being given to sentence in excess of such range - whether error is disclosed in failure to give reasons for sentence in excess of such range - rejection of claim to prior good character - standard to which finding of prior criminal activity must be proved - whether adequate recognition given to plea of guilty - conformity with Guideline Sentencing Judgment - R v Wong and Leung [1999] NSWCCA 420 - whether sentence manifestly excessive .

Damages - personal injury - credibility finding. ND

Adoption of referee's report - construction of referee's reasons - Contract - whether objectively possible to conclude that offeree accepted offer and all or some of attached terms as proffered by offeror

Family Provision. Claim by a son with disabilities requiring the provision for him of accommodation. Order made in favour of the son. - No matter of principle.

CONVEYANCING [151] - Land titles under the Torrens system - Powers of Court - New South Wales - Order for cancellation of certificate of title and issue of new certificate - Order of Family Court that husband transfer property to wife - Certificate of title not produced by husband.

Voir dire - evidence of admissions said to have been made by the accused.

Sentencing - manslaughter - accessory - limited role - context of burglary, robbery contemplated - effect of time lapse before charge - contrition and rehabilitation - active assistance in this and other matters - early plea - avoidance of disparity in treatment - reliance on Crown's submission.