Cases and authorities

Habeas Corpus - custody on warrant under s 19 Extradition Act 1988 - jurisdiction to issue writ - foreign warrant of arrest held unenforceable by Court in extradition country - significance - application refused

CONTRACT between co-venturers for strata unit development - claim for breach - CONTRACTS REVIEW ACT - no basis for review

Criminal law - appeal against sentence - no question of principle.

Criminal law - appeal against sentence - no question of principle.

Contempt - criminal contempt - media - Supreme Court Act 1970 s101A - publication of material about the accused in upcoming trial - implied or suggested guilt of the accused - Bread Manufacturers public interest defence - balancing conflicting public interests - question of law - contrast between balancing conflicting public interests and the exercise of a judicial discretion - detriment to the trial not outweighed by the public interest in the freedom of communication - no predetermined balance where there is an implication of accused’s guilt by a publication - right to a fair trial - incidental and unintended prejudicial effect of published articles. D

CONSTITUTIONAL LAW - incompatibility with Chapter III of Commonwealth Constitution - manner of performance of function not incompatible - in camera proceedings, Supreme Court Act 1970 s101A - CONSTITUTIONAL LAW - freedom of communication on matters of government and politics - in camera proceedings, Supreme Court Act 1970 s101A

APPEAL from decision of Master - enquiry by Master into accounts on order for sale of property - whether rents received by plaintiffs - whether allowance should be made for improvements carried out by the defendants - no evidence of cost of improvements or of increase in value of the property - appeal allowed in part

SUCCESSION [106]- Application by attesting witness to take beneficially under will- How approached- Suspicion discharged on facts- Application granted.

Appeal from Nurses Tribunal - Section 4(2) Nurses Act 1991 - meaning of unsatisfactory professional conduct - nurse working as a counsellor - whether misconduct "in the practice of nursing" - procedural fairness - rule in Browne v Dunne

Criminal law - appeal against conviction - dangerous driving causing death - misdirection concerning undisputed evidence including expert evidence - third trial without sustainable conviction - appeal allowed - verdict of acquittal entered

Appeal against conviction - carnal knowledge of a minor - inconsistent verdicts - verdicts unreasonable and not supportable by the evidence

Negligence, apportionment, joint tortfeasors, death of employee, delay in bringing action, lapse of time from damage to judgement of 19.5 years, calculation of interest, s.94 Supreme Court Act is there a right to interest, return to workforce, financial benefit resulting from death.

MENTAL HEALTH [16]- Legal proceedings- Duties of solicitor for person who appears incapable of managing affairs. PROFESSIONS & TRADES [72]- Lawyers- Confidentiality- Possible conflict of acting for alleged incapable person and relative- Duty.

Defamation - Application by deft to "strike in" material - Newspaper editorial commenting on allegations

Extension of time - s 151D - Workers Compensation Act

CONTRACTS - Sale of land - Promise by vendor to decontaminate the property to the satisfaction of the Council - Asbestos discovered after Council indicated satisfaciton, whereupon Council officers required further decontamination - Whether breach by vendor.

NEGLIGENCE - vicarious liability - employee or independent contractor - deemed employee - logging operations - supervision - control - instruction - safe system of work - commonly used system of work - experienced employees - non-delegable duty of care - breach of duty

Criminal law - trial - evidence - tendency evidence - effect on trial - necessity for notice - application to dispense with notice - prejudice curable by adjournment, discharge and costs - undertaking by Crown to pay costs thrown away

BANKING AND FINANCIAL INSTITUTIONS - Banker and customer - Debtor and creditor - Banker's rights to combine accounts - Whether banker entitled to consolidate current account and loan account - Where contract provided for consolidtion - Whether charge created, s440B Corporations Law - Priority of administrator's lien, s443E Corporations Law - CONTRACTS - Sale and lease back agreement - Whether clause void for uncertainty - Whether clause penal in nature - CORPORATIONS - Corporations Law - Where administrators appointed - Meaning of 'charge' under s440B - Whether, in consolidating accounts, banker acted 'on behalf of' customer pursuant to s437D - Meaning of 'recover' under s440C - Administrator's indemnity and lien pursuant to ss443E, 443F - Priority - EQUITY - Equitable charges and liens - Creation of charge over debt where chargee owes debt to chargor - D

Negligence - personal injury at workplace - scaffolding- dispute whether appellant erected the scaffolding - ND

Water and watercourses - control of works on river banks and flood plains - s171(1)(a) and s174(2)(a) Water Act 1912 - controlled work having proscribed effect - scope of the power to approve controlled works - conditional or unconditional approval - conditions which may be imposed - (D).

On defendant’s application for leave to issue a subpoena to the ABC re "The 7.30 Report" 20 July 2000 - T8486

Criminal law - joinder of counts against the accused - application for separate trials - multiple weapons and armed robbery offences - admissions during an electronic record of interview (ERISP) - police holding the accused incommunicado during search of home - denial of access to lawyer - s84, s85 and s 135 Evidence Act - onus of establishing illegality - evidentiary overlap between counts - directions given to the jury that each count be considered separately - unfair prejudice not arising.

PRACTICE and PROCEDURE - application for leave to further amend cross-claim - application made after hearing commenced - whether proposed amendment sufficiently particularised - whether proposed amendment merely formal - where hearing pending for several years.

De facto relationship - Adjustment of interests of parties in property - Plaintiff moved into residence in townhouse owned by Defendant - Date of commencement of de facto relationship - Defendant conducted business of a dental mechanic - Plaintiff was unemployed at commencement of relationship, but subsequently was employed in Defendant's business - Respective financial and non-financial contributions of parties - Contributions by parties as homemaker and as parent - Assertions by each party concerning alleged additional assets owned or acquired by other party.

Application for indemnity costs in circumstances of an abandonment of part of the case during the hearing.

CONTRACTS [120]- Construction- Use of subsequent conduct to show whether power of attorney joint or several. CONTRACTS [166]- Power of attorney- Whether power of attorney by A and B to C terminates on A's death- Whether Court empowered to appoint attorney when principal on the high seas unable to be contacted. WORDS & PHRASES- "Incommunicate".

PRIVATE INTERNATIONAL LAW - tort - clearly inappropriate forum - choice of law - lex loci delicti - lexi fori - double actionability rule - D

(1) Application of s.11(4) of Consumer Claims Tribunal Act 1987 - (2) Merger of cause of action into decision of Tribunal - (3) Application of principle in Hadley v Baxendale - (4) Costs incurred in proceedings before Tribunal not recoverable.

PRACTICE - Costs - Proceedings terminated because supervening event rendered them moot - Costs awarded to plaintiffs on basis that defendant acted unreasonably and plaintiff almost certain to succeed. - LANDLORD AND TENANT - Termination of the tenancy - Notice by landlord where landlord forms opinion that repair of damage impractical or undesirable - Not authorised where opinion based on the economics of dealing with the problems of building generally, including design faults

Contract for sale of cattle: vendor did not make punctual delivery. Held, purchaser entitled to rescind contract.

SUCCESSION - WILLS - s18A Wills Probate and Administration Act 1898

CONTRACT - construction - principles applicable to construction of option to renew lease PARTNERSHIP - ss 5 & 6 of Partnership Act do not authorise a partner to exercise an option to renew a lease of the premises in which the partnership business is conducted REAL PROPERTY - lease - option to renew - letter stating 'intention to exercise' held not be an exercise of the option - service of letter on managing agent held not to be service on lessor for purposes of option clause

CONTRACTS [144] - General contractual principles - Discharge, breach and defences to action for breach - Accord and satisfaction - Construction of terms as to costs of agreement for compromise.

Criminal law - sentence - sexual assault - multiple offences

Practice and procedure - adjournment the consequence of default of parties' - liability for costs of cross defendants occasioned by adjournment.

Whether certain of the plaintiff's information provided to the defendants is confidential information - Whether the defendants misused such information in breach of contract and breach of equitable duty of confidence - Whether restraint clauses in the contract are void against public policy - Application pursuant to s 4 of the Restraints of Trade Act 1976.

Compensation to relatives - assessment of damages - indemnity costs - recovery of costs of attendence at coronial inquest

CRIMINAL LAW - Practice and Procedure - Appeal - Contamination of Jury - Reasonable apprehension jury might not have brought an impartial and unprejudiced mind to resolution of issues

Retail Leases Act - Conveyancing Act - sub leases - assignment - term of sub-lease greater than that of head-lease - meaning of inconsistency s.16 Retail Leases Act.

CORPORATIONS — Selective reduction of capital having same economic effect as takeover to eliminate minority — Is there need for entirely separate meeting of holders of shares to be cancelled — Need for scheme of arrangement and relevance if at all of Gambotto principles — meaning of "fair and reasonable" to shareholders "as a whole" in s256B of Corporations Law — Whether any special value from acquiring 100% should have been allocated exclusively to the minority or other than pro rata — Is there guidance from s667C of the Corporations Law — Valuation of gold mining company — Treatment of hedge book — Economic upside — Adequacy of disclosure — Any "dealing" in shares when shares cancelled — Relevance if any of divergent commercial interest of largest minority shareholder with preponderance of minority votes — Stock market price not determinative of what is fair and reasonable in particular circumstances of trading.