Cases and authorities

On Notice of Motion to discharge interlocutory injunction

Negligence - master and servant duty - damages - Workers' Compensation Act s 151 - threshold

EQUITY [125]- Trusts- Removal of trustee- Trading trust- Interim order made for administration under supervision.

Matters complained of - juxtaposed articles - form of pleading - Burrows v Knightley - imputations - form - capacity

Extension of time for application for costs assessment

Imputations - capacity - particulars - SCR Pt 67 r 12(1)(e) - aggravated damages - corporated plaintiff

ASSOCIATIONS & CLUBS [46]- Incorporated associations- Meetings- Notice to "upgrade" requisitioned meeting to annual general meeting LAW REFORM- Technical slips re convening meetings- Associations Incorporation Act should include a provision akin to s 1322 of Corporations Law MEETINGS [4]- Notice- Notice to "upgrade" special general meeting to annual general meeting- Valid in circumstances.

Bail - application pending appeal to High Court - test to be applied by Court of Criminal Appeal

Murder - Plea of not guilty on the ground of mental illness - Judge alone trial - Fitness to plead - Psychiatric evidence - Mental Health Review Tribunal

CORPORATIONS - owner of charged property under voluntary administration - administrator sought to prevent enforcement of charge - whether administrator's proposal valid - no error in Judge's determination that chargee's interests adequately protected by administrator's proposal - Corporations Law Pt 5.3A, s 441D - APPEAL - whether orders final or interlocutory - test is their legal not practical effect

CRIMINAL LAW - assault with intent to rob - identification - Evidence Act ss 116, 165 - directions as to identification - sentence - special circumstances

CRIMINAL LAW - obtaining money by deception - leave to appeal against conviction - unmeritorious appeal

Worker's Compensation - whether apportionment of awards between insurers erroneous - whether trial judge's findings and orders inconsistent - whether insufficient findings

CORPORATIONS [267]- Winding Up- Ranking of claims- Mutual insurance company- How reinsurance proceeds dealt with.

Stated Case from Magistrate - Corporations Law - prescribed interest - right to participate or interest - fraud

COSTS - costs of re-hearing where plaintiffs succeeded at first hearing, defendants succeeded on appeal and plaintiffs succeeded at re-hearing - meaning of 'costs of the re-hearing' - whether costs order at first hearing was extinguished when Court of Appeal ordered that the matter be remitted for re-hearing - basis for plaintiffs' recovery of interest

NEGLIGENCE - causation - conclusion on causation not supported by facts.

LEASE - rent review clause - valuations of premises "for rental purposes as determined by the Valuer General at any time during" particular years - valuations made after the years and on highest and best use basis - whether valuations within the rent review clause. HELD: (1) The time was the time as at which the valuations were to be made, not when the valuer was to make them. (2) (By majority) The words "for rental purposes" meant that the valuer was to determine value for rental purposes under the use or uses permitted by the lease: valuations on a highest and best use basis were not as required by the rent review clause. D

WORKERS COMPENSATION - Compensation Court - Jurisdiction of - Powers of - Practice in - Application for order for inspection of property - Whether may be made prior to commencement of proceedings seeking compensation - Whether may be made to enable worker to determine whether to apply for compensation or to sue for damages at common law - May not be made in such circumstances or for such purpose.

TRAFFIC LAW [168] - Statutory compensation in respect of motor vehicle accidents - New South Wales - Settled claim - Action to enforce settlement - Interest - Award of interest not precluded by motor vehicle accidents legislation.

CRIMINAL LAW - Crown appeal - defrauding the Commonwealth - 3 counts - need for general deterrence - periodic detention & home detention inadequate.

Criminal Law - sentencing - importation of prohibited drug - correct basis of sentencing - fixing of non parole period

Criminal law - police not using video recorder present at scene during critical part of search - verdict unsupportable - correct procedures on search - inconsistent police evidence

CRIMINAL LAW - Crown appeal - defrauding the Commonwealth - 3 counts - whether imposition of periodic detention manifestly inadequate - whether very special, exceptional or extraordinary circumstances existed.

WORKERS COMPENSATION - Compensation Court - Appeals to Court of Appeal - Appeal on point of law - Leave to appeal required from interlocutory order - Alleged denial of procedural fairness - Order for new trial - Leave required. ND

Workers Compensation - entitlement to compensation for physical injury - error of law - misdirection - non-direction - trial judge's failure to make a finding of fact - meaning of "journey" as defined by s 10(4) Workers Compensation Act 1987 - interaction of s 10(4) with the intention of the worker at the time of the commencement of the journey.

CRIMINAL LAW - Sentence - offence under s112(3) of the Crimes Act and related offences - domestic violence - whether manifestly excessive - no question of principle

CORPORATIONS - VOLUNTARY ADMINISTRATION - application of administrator for directions - powers to complete Sale and Purchase Agreement - interests of shareholders and creditors - circumstances of urgency - consultation with all creditors or GM of shareholders - sale within power.

Submissions on costs following dismissal of applications for removal to the Court of Appeal and transfer of proceedings under Jurisdiction of Courts (Cross Vesting) Act 1987.

Criminal law - murder - diminished responsibility - sentence - defence rejected by jury - Crown psychiatrist reversed opinion after verdict - background of violence - killing of spouse by prolonged beating.

Defamation - jury verdict in favour of plaintiff - defence of qualified privilege determined

PROCEDURE [573] - Costs - Departing from the general rule - Powers of court - Relevant principle - Whether claims distinct.

Workplace injury - appellant argues contraction of pneumonia in workplace - consideration of evidence from microbiologist - not proven that virus contracted in workplace sewerage water - microbiologists’s evidence only a possibility - ND.

Practice and procedure - Avoidance of multiplicity of proceedings - Order that proceedings raising common questions of law and fact and arising out of same set of transactions be heard together - Case management.

INTELLECTUAL PROPERTY [112]- Confidential information- What constitutes- Identity of customers- How far ex employee may use knowledge.

Defamation - interest on verdicts - Costs - Indemnity costs - Calderbank letter of offer by plaintiffs including requirement of apology - offer deemed to be rejected by defendants - whether plaintiffs entitled to indemnity costs as from date of offer.

Strike out - abuse of process

INTERPRETATION - Whether s. 4(2) of the Inclosed Lands Protection Act (1901) amounts to an entitlement to a declaration independent of a prosecution - Purpose of Act - Reasons for the 1939 Amendments - No entitlement expressly provided for - No necessary implication - Application of Act limited to prosecutions for trespass. REAL PROPERTY - Easements - Application pursuant to s 88K of the Conveyancing Act 1919 (NSW) - Whether imposition of easement is reasonably necessary - Composite nature of test - Plaintiffs unable to establish that the easement sought would facilitate access to their property - Plaintiffs have not made all reasonable attempts to obtain an easement to the same effect - Application under Roads Act 1993 for opening of public road over identical portion of land - Ministerial approval for opening subject to compensation agreed or determined by Land & Environment Court - Test of reasonable necessity not satisfied.

CONTRACTS - maintenance and champerty - hire of motor vehicles - champertous agreement - no defence to action by motorist against negligent driver of other vehicle involved in accident