Cases and authorities

Criminal Law & Procedure - appeal against conviction and sentence - indecent assault of minor under authority of appellant - whether trial judge erred in directions to jury - delay in making complaint - whether refusal to allow counsel in address to use visual aids (placards) caused miscarriage of justice.

Stated case - Crown appeal against inadequacy of sentence

Criminal Law & Procedure - section 5DA Crown appeal against sentence - robbery in company - breach of undertaking to give evidence - re-sentence

Criminal Law & Procedure - appeal against conviction - sexual assault - mistaken identity by victim - "withheld" evidence - counsel's incompetence - tendency rule or coincidence rule - significant probative value

CONTRACT - Repudiation and non-performance - Termination - Breach by other party to contract - Right of other party to terminate - Not available if causal relationship between other party's breach and first party's repudiation or if other party's breach itself amounted to repudiation. D

Imputations - form - difference in substance - capacity - directions for s 7A jury trial

EQUITY [1]- Maxims- Equity will not assist a volunteer- Exceptions- EQUITY [36]- Fiduciary obligations- Duty to inform- Defendants loaned Government money on basis that all employees of company would benefit- Defendants failed to inform some employees- Defendants made profits- Whether defendants accountable- PROCEDURE [670]- Security for costs- Evidence that action partly motivated by its harassment value- Factors considered as to whether security should be taken.

MENTAL HEALTH [8]- Protection orders- Protected person moving interstate- Procedure.

PRACTICE and PROCEDURE - legal professional privilege - discovery documents produced on subpoena - whether privilege waived by commencement of related proceedings - whether waiver of privilege imputable to related plaintiff.

CRIMINAL PRACTICE & PROCEDURE - Crown appeal against inadequacy of sentence - Sentencing guidelines - armed robbery - If departure from guidelines, reasons should be given - Whether double jeopardy justifies not altering non-parole period

Local Courts - procedure - application to set aside judgment - trivial amount

Solicit to maliciously inflict grievous bodily harm - sentence - significance of mental illness where partial explanation for offence - 7 years 2 months with 4 years non-parole period

EQUITY [13]- Contribution- Co-ordinate liabilities- Plaintiff held liable in tort to F- Defendant held liable to F in contract for same amount- F gets judgment against both for same amount on basis that F will only be paid once- Plaintiff pays F- Whether plaintiff can recover contribution from defendant.

PROFESSIONS & TRADES [72]- Lawyers- Developer joint venturer with solicitor- Extent of fiduciary duty and duty of care.

CONTRACTS [120] - General contractual principles - Construction and interpretation of contracts - Other matters - Admissibility of extrinsic evidence - Parol evidence rule - Ambiguity exception - Ambiguity of word "sale" resolved with aid of extrinsic evidence.

Criminal law - refusal of permanent stay - admissibility of voice identification evidence governed by Evidence Act 1995 - no threshold test

CRIMINAL PRACTICE & PROCEDURE - Appeal against conviction and sentence - Criminal trial without jury - Need for judge to canvas evidence, arguments, giving reasons - Errors of law s17(2) and s17(3) of Criminal Procedure Act, 1986

Criminal Law and Procedure - Sentence - Parity Between Co-offender - Indictable Offences Dealt With Summarily in Local Court - Relevance of Jurisdictional Maximum of Local Court - Co-offenders Dealt With in Different Courts

PRACTICE & PROCEDURE - Part 26 Rule 8 District Court Rules - verdict by direction for defendant - jury test - plaintiff's evidence taken at highest - D

Criminal Law & Procedure - deception - passing valueless cheques - exercise of Royal Prerogative of Mercy - outside jurisdiction

INJUNCTION - application for interlocutory injunction on grounds of breach of implied negative covenant in contract - whether defendant promoter had breached contract by failing to offer plaintiff first and last refusal to book an act - whether act was a "Sydney metropolitan indoor area suitable act" - whether the capacity of the plaintiff's venue could be decreased to make it "suitable" under the contract - acceptance by defendant there was a serious question to be tried - balance of convenience - where there would be considerable damage to both the defendant promoter and the performer if injunction granted substantially greater than likely damage to plaintiff if not granted

CRIMINAL PRACTICE & PROCEDURE - Appeal against severity of sentence

CRIMINAL PRACTICE & PROCEDURE - Appeal against conviction and sentence - Identification - Proviso to s6(1) Criminal Appeal Act, 1912

Application for Security of Costs - Whether merits relevant - Delay in making application

EQUITY [413]- Remedies- Specific performance- Damages in addition to specific performance- Damages may be assessed for breach of covenant for quiet enjoyment whilst lessee in possession pending hearing of suit WORDS & PHRASES- "Promptly".

CRIMINAL LAW & PROCEUDRE - restoration of stolen property - application in absence of person in posssession of such property - procedural fairness

PARTNERSHIP - DISSOLUTION AND WINDING UP - claim for referral to Master for the taking of accounts of the partnership assets and judgment for amount found due - judgment resisted on ground of contingent liability of defendant partners for liability of former partner to dealings under power of attorney - no claim commenced against former partner or defendant partners - no basis to delay judgment

CORPORATIONS — Statutory Demand — Genuine dispute — Effect of open offer — What happens where some or all of debt not yet due at date of statutory demand — Indemnity costs.

CRIMINAL LAW - Sentence - Redetermination of life sentence

TRUSTS - executors - rights powers and duties - sale of trust real estate - dispute between co-executors where one insisted purchaser pay proceeds of sale direct to beneficiaries as condition of settlement of sale - whether right to insist on that condition - power to appoint agent to collect purchase moneys

CORPORATIONS [182]- Administration- Recent appointment of administrator- Short adjournment may be granted to enable administrator to make out case to oppose winding up.

Manslaughter - sentence - intellectual deficit - rehabilitation - discount for plea of guilty

Summary judgment

PROCEDURE [551] - Costs - Jurisdiction - Persons not parties to proceedings - Barrister - Form of order against barrister.

Negligence - personal injuries - liability and quantum

Conveyancing Act ss66K, 66M - factual findings by trial judge

MEDICINE - Medical practitioners - Qualification and registration - Graduate from foreign country - Conditional registration. - MEDICINE - Medical practitioners - Qualification and registration - Grounds for refusing registration. - MEDICINE - Medical Tribunal - Procedure - Decision - Nature of protective order called for. - MEDICINE - Medical Tribunal - Appeal from - In relation to protective order - Whether interference with protective order called for.

WILLS - later will revokes former will and disposes of estate in accordance with audio tape - whether dependent relative revocation - whether audio tape, though unwritten, is a 'document' so that court may exercise its dispensing power under s 18A - whether formally valid will can incorporate audio tape by reference

Imputations - capacity

Imputations - capacity - form - "corrupt"

Strike out application - sufficiency of particulars of malice and aggravated damages

Malice - particulars - SCR Pt 22 - Evidence Act 1995 (NSW) s 131 - question of admissibility for trial - order for particular discovery - falsity of imputations - discretion

CRIMINAL LAW - sentencing - manslaughter