Cases and authorities

review of a stay - whether discretion miscarried - security for judgment debt

District Court - discretion to dispense with trial by jury - what factors are relevant to the exercise of the discretion - whether considerations of a universal character relevant to jury trial may be relied on - whether the factor relied on must be significant and specific - whether primary Judge erred in dispensing with jury.

Application for adjournment - Final orders by consent.

Refer attached

Damages for breach of duties as trustee

Review Registrar's decision - summary judgment

Interrogatories - requests for particulars

Criminal law - sexual assault - appeal against conviction - unrepresented appellant - identification - sufficiency of evidence - absence of identification parade, sufficient reason therefor - fresh evidence - lack of cogency - adequacy of legal representation - no basis for complaint - complaint of bias - no substance - sufficient evidence to support conviction - leave to appeal against sentence - sentence manifestly excessive.

Building contract - interpretation - estoppel

Appeal under section 32 of the Dust Diseases Tribunal Act - point of law

Workers compensation - award of expenses to worker - dispute re quantum - delayed claim by service provider - interest refused on discretionary grounds - whether interest recoverable after principal paid. ND

REAL PROPERTY — Mortgages — Lessee ousted without the notice required under lease, contract with bank and s129 of Conveyancing Act — Consequences — Relevance of breaches of Liquor Act — Relief against forfeiture — Specific performance of agreement between lessor and bank — Discretionary aspects — Damages not adequate remedy — Lessee insolvent — Would reinstatement involve a futility.

Criminal law - Sentence - Robbery in company - Juvenile - Children's Court

Summons seeking Declaration that designation of prisoner by the Commissioner was an improper exercise of power - Relevant and irrelevant considerations - Whether decision unreasonable

Imputations - capacity - difference in substance - review of dance performance - particulars of aggravated damages

PRACTICE and PROCEDURE - security for costs - direction that security be provided for amount based on low estimate of hearing time and leave to apply for "top-up" - impecunious plaintiff - where issue in principal proceedings that plaintiffs' position brought about by conduct of defendants

Challenge to issue of Search Warrant - Whether particulars of grounds for granting warrant inadequate so as to render warrant invalid - Service of Occupier's Notice incomplete - Warrant contrary to law.

Capacity to defame - oral publication - true innuendo - SCR Pt 31 application refused - transfer to District Court

CULTIVATION OF PROHIBITED PLANTS - appeal against sentence - where trial Judge made no findings of the number of cannabis plants - where applicant has serious criminal history - whether sentence manifestly excessive - Drug Misuse and Trafficking Act 1985, s23

Negligence - nervous shock - child born clinically dead and is resuscitated and placed on ventilator life support system - after removal from system child continues breathing - without consultation with parents hospital decides child should not be resuscitated when heart fails - hospital later admits its original breach caused brain damage leading in turn to death - hospital admits breach of duty of care leading to parents’ nervous shock - economic loss past and future - awardee already suffering severe depression anxiety - lump sum "cushion" award substituted - therapy and pharmaceutical costs - relevance of safety net under pharmaceutical benefits scheme pursuant to National Health Act 1953 (Cth) - awards of general damages not appealably high - norms or standards of general damages in particular fields under Planet Fisheries - aggravated damages - discussion of whether aggravated damages are capable of being awarded for negligence - doubtful whether need to engraft award of aggravated damages upon negligence claim - aggravated damages not awarded in claim for pure nervous shock - awards for aggravated damages set aside - circumstances in which proper care of profoundly injured person may entail termination of artificial life-support systems - part of nervous shock award on account of future counselling and medication needed for awardee’s daughter - part of award set aside in absence of findings to base award.

Negligence - specialist plastic surgery - unfulfilled promises and blandishments of surgeon induce patient to have facelift - patient left angry and depressed by surgery results - surgeon found negligent in not informing patient of full range of risks - Rogers v Whitaker not offering a basis for recovering damages for disappointments - surgeon not acting improperly to encourage patient to proceed with facelift - not proper to treat patient as lacking autonomy - aggravated damages - discussion of expression "contumelious disregard for the doctor-patient relationship obligations" - aggravated damages set aside - exemplary damages - gross negligence attending a medical procedure - surgeon not showing a conscious and contumelious disregard for the plaintiff’s rights - exemplary damages set aside - invocation of Robinson v Riley to consider whether sufficient compensatory damages awarded before setting aside aggravated and exemplary damages - (D).

CONTRACT - damages - whether payment made pursuant to agreement made at compulsory conference - whether payment to be credited against damages - ND

PRACTICE - vexatious litigant - whether proceedings instituted "habitually and persistently"

CORPORATIONS [259]- Winding up- Creditors' meeting- Who is a creditor CORPORATIONS [337]- Irregularity- Substantial injustice- Creditor whose vote might not affect result denied a voice- No relief given to Company.

CONSUMER PROTECTION - TRAVEL AGENTS - EVIDENCE - ONUS OF PROOF - PRINCIPAL AND AGENT. Quantification of claim by Travel Compensation Fund against travel agent and directors, pursuant to judgment given on 24 March 1998 and following dismissal of appeal from that judgment.

CONVEYANCING [128]- Torrens system- Dealing- Status of document recording alteration to by-laws of Strata Title Scheme. CONVEYANCING [184]- Caveats- Who may lodge- Strata owner entitled to interest in common property may lodge caveat. PROCEDURE [743]- Declarations- Alternative statutory tribunals available- Discretion- Whether Court should entertain dispute- Factors involved.

Evidence - admissibility and relevance - relationship evidence - hearsay evidence

EQUITY - Undue influence and duress - Whether transfers into joint tenancies from tenancies in common were executed under duress - Whether defendant was at a special disadvantage or under inappropriate pressure to execute transfers. ESTOPPEL - General principles - Whether promises were made to the plaintiff leading to an expectation upon which the plaintiff acted to her detriment - Promises made in circumstances with no reservation of capacity to change mind - Whether there was a common assumption or common expectation that the plaintiff would be left certain rural properties and cattle stud - Detrimental reliance by plaintiff - Requirement for court to decide in what way equity can be satisfied.

Appeal against Registrar's costs order

Application for leave to appeal - no arguable error shown - turns on own facts. ND

LOCAL GOVERNMENT — Is jurisdiction of Supreme Court excluded in favour of Land & Environment Court to adjudicate a claim to establish and enforce a pre-existing right of way now in a National Park — Relevance of power to award damages.

CORPORATIONS — Contested application for extension of time for second creditors’ meeting by Administrator under s439A(6) — Relevant considerations — Costs where contested.

Contribution - Dismissal as abuse of process - Anshun estoppel

Crown Appeal against sentence - armed robbery - illness and intellectual disabilities.

Family Law - De facto relationships - statutory power to make orders adjusting property interests of parties - matters to be considered in making adjustments - pre-cohabitation contributions made by parties - improvement in the financial position of parties during the period of cohabitation - amount awarded by Master not manifestly inadequate - De Facto Relationships Act 1984, s 20. ND

"Adjoining"

COSTS - NUISANCE. Discharge of water - Reasonableness of conduct - Proof of damage - Small damages and limited injunction - Desirability of neighbours seeking a solution and making reasonable concessions - One-half costs awarded to successful party.

Appeal from Local Court - Constitutional Law - Operation of Constitution - Sovereignty - Break in Sovereignty - Governor General - Letters Patent of Appointment - Validity of legislation - Treaties - Effect of treaties in municipal law - Matter arising under any treaty - Matter directly arising under any treaty - Practice and Procedure - Courts and judicial system - Relationship between State and Federal Courts - Application to remove matter to High Court - Costs - Indemnity costs - Costs against solicitor

CORPORATIONS — Adjournment of winding up application in favour of administration leading to deed of company arrangement — Circumstances where interests of creditors require short adjournment so administrator can carry out further investigations material to deed of company arrangement and its relative worth to creditors compared to liquidation — relevant factors.

Criminal law - appeal - inadequacy of sentence - Crown appeal - jurisdiction of appeal court - respondent's prior record - offence a breach of trust - periodic detention - whether excessively lenient - pattern of sentences for fraud offences - potential guidelines - discretion to dismiss Crown appeals.