Cases and authorities

Criminal law - plea of guilty - application to withdraw - distinction between matters constituting offence and matters going to culpability - no factors vitiating plea.

Residential Tenancies - whether rent increased - whether notice of increase to tenant - whether notation on rent card a sufficient notice

Manslaughter - sentence - semi-trailer driver - unwitting amphetamine intoxication - relevance

CRIMINAL LAW - offences - larceny - receiving - recent possession - CRIMINAL LAW - appeals - summing up - objections not taken at trial - matters of detail or clarification - rule 4 - CRIMINAL LAW - sentencing - larceny & receiving - rebirthing of motor vehicles

Sentence appeals - multiple counts of robbery and stealing - significance of below average intelligence - sentence reduced

Escape from lawful custody - appeal against sentence - appeal on two principal grounds: (1) that his Honour erred in his finding of fact that the escape was well planned - (2) that his Honour failed to give sufficient weight to the applicant's assistance to authorities.

Appeal against conviction and sentence - importation of prohibited substance - summing up - accused remains silent and Jones v Dunkel

TRADE PRACTICES - MISREPRESENTATION - appellant lessees contended that they were induced by agents for the respondent lessors to enter into two leases of premises in the Erina Fair Shopping Centre. In the proceedings below the appellants sought to have the terms of the second lease varied under s 87 Trade Practices Act 1974 (Cth) and damages for misrepresentation under s 51A. - Appeal against finding by trial judge that relief could not be obtained on the grounds of misrepresentation in relation to both leases. - Held that the trial judge did not err in finding that the appellants' evidence was unacceptable on the basis of credit. - EVIDENCE - fresh evidence - Held that the appellants were not permitted to admit fresh evidence on appeal as the grounds in s 75A(7)(8) and (9) Supreme Court Act 1970 had not been met. ND

Sentence appeal - interstate sentence - how to account for

On admissibility of plaintiff's schedule of doctor's accounts re medical treatment - special damages - T8332

Corporations Law - Application to set aside statutory demand - Genuine dispute about existence or amount of debt - Offsetting claim, and quantification thereof.

On admissibility of MFI 244 - T8314

Legal Costs - whether costs assessment should proceed - transitional operation of Legal Profession Reform Act 1993 - whether matter appropriate for judicial review

Liquor Licensing - appeal from Licensing Court - whether error of law - whether inappropriate location for hotel - whether decision was one of which no reasonable decision-maker could have arrived.

Negligence - Motorcycle accident - whether the appellant's negligence was responsible for the accident - whether the respondent's account of the events should have been relied on by the trial judge - ND

CONTRACTS - Whether abandonment of contract - Effect of legislative amendment on term of contract. WORKERS COMPENSATION - Entitlement to and liability for compensation - Commutation agreement. - NR

FEDERAL JURISDICTION - Vested in State court - Prosecution on indictment of person charged with Commonwealth offence - Trial conducted by State court in exercise of federal jurisdiction - Combined effect of Costs in Criminal Cases Act 1967 (NSW) and Judiciary Act 1903 (Cth) - Whether State court can entertain application under Costs in Criminal Cases Act - CRIMINAL LAW - Practice and procedure - Costs - Prosecution on indictment of person charged with Commonwealth offence - Power of State court to grant certificate under Costs in Criminal Cases Act 1967 (NSW), s2 - "proceedings relating to any offence" - Judiciary Act 1903 (Cth), ss 39, 68, 79 - R

APPEAL AND NEW TRIAL - Appeal - When appeal lies - From Compensation Court - Question of law - What constitutes - Evidence - Whether capable in law of supporting finding of fact - WORKERS COMPENSATION - For what injuries compensation payable - Death or injury caused by, or contributed to by, nature and conditions of employment - Exposure to carcinogenic or toxic substances - Whether causing or contributing to death or injury - WORKERS COMPENSATION - Assessment - Amount - Lump sum payments for specific injuries - Permanent impairment - Losses found but compensation refused on ground that, because death imminent, unlikely to last indefinitely D

Appeal decision of Residential Tribunal - Dog in caravan park

TORTS [10] - Torts generally - Joint or several tortfeasors - Contribution - Generally - Liability in respect of same damage - Whether liability must be ascertained before action can be commenced - Whether cross claim for contribution should be allowed in existing proceedings when trial of most issues of liability has already taken place.

CONTRACTS - breach of contract - claim for rectification of share register - failure to join company party to contract as a defendant - failure to join company whose register was sought to be rectified as a defendant - no case as claim established against defendant

Criminal Law - sentencing - manslaughter - provocation.

Appeal against conviction - guilty plea - manslaughter - appeal against sentence.

Sentence - remissions on sentence - life sentence.

Defamation - whether circumstances of publication such that person defamed was not likely to suffer harm - whether imputation was a matter of substantial truth - whether libel occurred on an occasion of common law qualified privilege - whether malice - whether other and different contextual imputations arose from the publication - damages and aggravated damages.

CORPORATIONS - Directors - Reimbursement of expenses - Proceedings brought by one director against company - In what circumstances entitled to payment of costs by company

Set aside default judgment

EQUITY - fiduciary obligations - solicitor and client - solicitor acting for two parties entering into a loan agreement where only one provided security - duty to advise client giving security to obtain independent advice - whether duty not to act - TORTS - negligence - solicitor acting for joint borrowers - one giving security - limit of retainer - informed consent to acting for both parties

Claim for privilege - defendant's subpoena to Mr Goold, Solicitor - T8276

Assessment of damages - tetraplegic - GST

CRIMINAL LAW - CONVICTION - appellant contended that the trial judge failed to adequately and properly direct the jury in relation to the defence of provocation under s 23 Crimes Act 1900 (NSW) - appellant further submitted that there were irregularities in the conduct of the trial resulting in the jury being mistaken or misled and that the consequent finding that the appellant was guilty of murder was a miscarriage of justice - Held that in summing up to the jury the trial judge directed that the s 23(2)(a) test was a subjective one which called for a loss of self-control on the part of the accused - the trial judge also instructed the jury that the s 23(2)(b) test was an objective one which required the jury to consider the reaction of an ordinary person in the position of the accused - held that the trial judge did not err in summing up to the jury and that it was reasonably open to the jury to find that there was no provocation. - Held that there was nothing in the trial judge's summing up which had the potential to mislead the jury and consequently there was no miscarriage of justice.

Appeal by the DPP against leniency of sentence imposed. Vulnerability of the victim. - The nature of the weapon and the way it was used, holding the knife to the throat of the victim.

NEGLIGENCE - Dangerous premises - Injury to entrant - Customer slipping on lettuce leaf on floor of supermarket - Whether breach of duty of care - ND

Admissibility - collateral facts - Evidence Act 1995 (NSW) s 106(a) and (c) - T8210

MENTAL HEALTH [3]- Manager- Appointment- What private managers need to demonstrate.

Admissibility - plaintiff’s case in reply - evindence in reply to defence case on truth - evidence on matters in defeasance of privilege defence - T8223

Possession, estoppel - acceleration, the rights of combination of accounts, frustration

DEFAMATION [79]- Qualified privilege- Malice- Relevant fact is defendants' knowledge of alleged fact not its objective truth. PROCEDURE [26]- Cross-vesting- Application before issues settled often premature- Defamation proceedings- Publication in NSW and elsewhere- On balance order refused.

PROCEDURE — Injunctive orders of Mareva kind with undertaking as to damages — Was undertaking activated by hold up in settlement where defendant could have avoided that hold up by procuring the confirmation reasonably requested by plaintiff regarding agent’s commission — Causality.

SUPPLY OF PROHIBITED DRUG - appeal against sentence - possession deemed to be for supply unless proved otherwise - possession in part for own use - no findings as to amounts supplied - sentencing miscarried - R v Wong (1999) 108 A Crim R 531, R v Crombie (1999) NSWCCA 297, R v Mason (2000) NSWCCA 82 referred to - resentencing - relevance of commission of offences to finance own drug habit - R v Selim (NSWCCA, 19 May 1998, unreported), R v Markarian (NSWCCA, 1 October 1998, unreported), R v Mason doubted on this point since R v Henry (1999) 46 NSWLR 346 - relevance to amount and question of rehabilitation.