Cases and authorities

Criminal law - leave to withdraw plea of guilty refused - longer sentence than anticipated by legal advisers - application of totality principle to sentences when overall sentences too long

Criminal law - unavailability of witness - refusal of permanent stay

Negligence - Duty of care of Aborigines Welfare Board to ward - Statutory system for protection of Aboriginal children - Aborigines Protection Board 1909 (NSW). - Negligence - Breach by Aborigines Welfare Board of duty to ward - Whether child at risk of attachment disorder - Failure of Board to advise institution in which child was cared for of risk of attachment disorder - Failure of Board to inquire about occurrence of symptoms of attachment disorder - Whether symptoms of attachment disorder existed - Whether attachment disorder existed. - Negligence - Causation - Whether symptoms of attachment disorder observable. - Negligence - Causation - Whether a Child Guidance Clinic would have observed symptoms of attachment disorder. - Negligence - Damages - Exemplary damages - Whether conscious and contumelious disregard for child's health by Aborigines Welfare Board. - Negligence - Damages - Aggravated damages - Whether circumstances of aggravation - Conduct of Aborigines Welfare Board. - D

Negligence - slip or trip - ND

Stay of execution of judgment

Possession - enforcement of mortgage security - defences of unconscionability and under Contracts Review Act - breach of implied terms of solicitor's retainer - professional negligence - solicitor.

Deed of indemnity - whether indemnifier released by later agreement

TESTAMENTARY DISPOSITION - mutual wills made - one testator died - other testator changed will - other testator died - whether trust for beneficiaries under original will - must find agreement not to revoke original wills, intended to have legal effect - fact made mutual wills does not of itself establish requisite agreement - agreement not to be lightly inferred - insufficient evidence from which requisite agreement can be inferred. D

CORPORATIONS - WINDING UP - application to wind up company on ground of insolvency - application by solicitors firm to wind up company based on failure to comply with statutory demand for outstanding legal fees - defendant alleged that the bill for legal fees did not comply with the Legal Profession Act 1987 and the Legal Profession Regulation 1994 - whether application can be opposed on the ground that plaintiff does not have standing because it is not a creditor - whether application can be opposed on the ground that there was no debt "due and payable"

CORPORATIONS - WINDING UP - application to wind up company on ground of insolvency - application by solicitors firm to wind up company based on failure to comply with statutory demand for outstanding legal fees - defendant alleged that the bill for legal fees did not comply with the Legal Profession Act 1987 and the Legal Profession Regulation 1994 - whether application can be opposed on the ground that plaintiff does not have standing because it is not a creditor - whether application can be opposed on the ground that there was no debt "due and payable"

CORPORATIONS - WINDING UP - application to wind up company on ground of insolvency - application by solicitors firm to wind up company based on failure to comply with statutory demand for outstanding legal fees - defendant alleged that the bill for legal fees did not comply with the Legal Profession Act 1987 and the Legal Profession Regulation 1994 - whether application can be opposed on the ground that plaintiff does not have standing because it is not a creditor - whether application can be opposed on the ground that there was no debt "due and payable"

Sentencing - parity principle

Appeal - submissions against the merits of finding made in earlier hearing - alternative basis of authority - absence of authority against auctioneers - facts established at trial support inference that ultimate auction bid was actually authorised. ND

Application to re-open - whether argument previously overlooked

EQUITY [1]- Maxims- Equity acts in personam- Foreign defendants- Whether jurisdiction to deal with breach of fiduciary duty in USA- PRIVATE INTERNATIONAL LAW [63]- Choice of law- Breach of fiduciary duty- Law of forum applies.

Mortgages - Application for an account - Discretionary remedy - Whether, in any event, Plaintiffs are precluded from obtaining an account by reason of orders in other proceedings

Appeal against conviction and sentence - Crimes Act s300 - insufficient territorial nexus to ground prosecution - s.305 Crimes Act "prejudice" - false instrument - withdrawal of caveat - property in Western Australia

COSTS

PROCEDURE [670]- Security for costs- Principles- Litigant in person- No assets- Small stake in trust- Complex and expensive proceedings- Security granted.

CONTRACT - Specific performance - Option for purchase of unit in development at undervalue - Benefit of contract on account of venturer's share of profit in development - Deed referring to contract for purchase of unit - Whether such contract existed - Probability of loss from development - Even if contract existed, specific performance not granted.

Review registrar's decision - File amended cross claim

Review of registrar's decision - amend statememt of claim

CRIMINAL LAW - procedure - Crown appeal from interlocutory judgment or order, Criminal Appeal Act 1912 s5F(2) - EVIDENCE - exclusion of evidence obtained in contravention of an Australian law, Evidence Act 1995 s138 - no contravention of Listening Devices Act 1984

Negligence, personal injury, damages, evidence.

Costs

CORPORATIONS- Oppression - Winding up - Just and equitable ground - Shares in family company given by father and mother to three sons - Transfer restricted by agreement between shareholders - Agreement as to governance of wholly owned subsidiary - Eldest son unable to exit on terms satisfactory to him - Youngest son appointed managing director over opposition of eldest son - Whether breach of governance agreement - Whether oppression shown.

CRIMINAL LAW - sentencing - murder - stale offence - circumstances of provocation but defence not available

On appeal from Master - Legal Profession Act 1987 ss 79A & 80- claims against Fidelity Fund - in course of solicitor’s practice - extension of time to appeal

PRACTICE AND PROCEDURE - notice to produce evidence of communication with witness - whether witness should have been called by plaintiffs - refuse to enforce production of documents which would show whether plainitffs' solicitor has contacted named potential witness.

Application pursuant to s.16(2) of the Family Provision Act 1982 for extension of time to bring proceedings in circumstances of prior agreement and consent dismissal of previous Family Provision Act proceedings - Application for order designating property as notional estate - Defendant's application pursuant to s 66G of the Conveyancing Act 1919 to sell property the subject of previous agreement and Consent Orders in Probate proceedings.

Lease - lease for wine bar with additional rights over function room - right to use function room with prior booking - lessors’ subsequent unwritten arrangement with other persons for function room - dispute over access to function room - subsequent arrangement not a "prior booking" for purposes of original lease - repudiation of lease - lessors’ intention not to perform contract according to its terms - right to accept continuing repudiation of the lease not waived by lessees looking to sell wine bar business - appeal as to damages - insufficient reasons for damages figure - new trial as to damages - restitution of damages paid under earlier judgment - ND

Sentence - parity principle - comparison of all material factors

COSTS - EVIDENCE - Without prejudice offer of settlement - No assertion of intention to rely on quesiton of costs - Admissible

Summary judgment - s 222AOJ Income Tax Assessment Act 1936

REAL PROPERTY - joint tenancy - severance - claim of contract not to sever - not established - claim of estoppel not made out

Dismiss proceedings for want of prosecution

Criminal law - indictment charging eight sexual offences - trial by jury - appellant convicted on six counts but acquitted on two counts - appellant gave evidence - essentially complainant's evidence against that of appellant - whether verdicts of guilty unreasonable - Criminal law - evidence of complaints - delay in complaining - necessity to alert jury in summing up to practical difficulties for appellant occasioned by the delay.

Sentence appeal - Inadequate sentence - Knowingly concerned in the importation of a prohibited drug

NEGLIGENCE - Road accident case - Plaintiff's vehicle in process of making right-hand turn into another street - Plaintiff's vehicle struck by defendant's vehicle travelling in opposite direction in street from which plaintiff's vehicle turning - Whether defendant negligent - Whether plaintiff guilty of contributory negligence - Apportionment of liability D

Arbitration - award - appeal based on error of law - Commercial Arbitration Act 1984, s40 - "exclusion agreement" - "domestic arbitration agreement" - multipartite agreement based on reading series of documents together - seat or place of arbitration contrasted with place of hearing - Court of Arbitration for Sport - D

LAND AND ENVIRONMENT - appeal against injunction - breach of development consent - breach of building approval - adverse inference when no evidence called by respondent - whether injunction incapable of performance or uncertain - ND

Liability for psychiatric injury - Negligence - Assessment of damages.

Imputations - form - capacity - coincidence with words in matter complained of