Cases and authorities

Statutory Interpretation - whether an offence under the Firearms Regulation 1990 is a 'prescribed offence' for the purposes of cl 5(a) of the Firearms (General) Regulation 1990 - whether a conviction for failure to secure firearms related to the 'possession or use' of a firearm - D

CONTRACTS - offer and acceptance - whether or not the parties had reached a settlement agreement - whether or not the formal document was reasonable having regard to the objective intention of the parties - whether it was reasonable that the plaintiff indemnify the insurer in regard to all claims arising out of her injuries

Summary judgment - possession

Re application to reopen plaintiff's case in chief on the issue of damages - T6843

On objection to cross-examination in relation to interview with police on 16 May 1967 - T6850

DEFAMATION - Imputations - Objection as to form - Capacity of matter complained of to carry imputations pleaded

CRIMINAL LAW - sentencing - representative counts - CRIMINAL LAW - sentencing - sentence not manifestly excessive

Criminal law - sexual assault - identification - discharge of jury - judicial discretion - procedural unfairness

DEFAMATION - Application for leave to amend defence - Lateness of application - Principles governing grant of leave

DEFAMATION - defences - qualified privilege - relationship between the common law the Lange and the statutory defences - malice - "reasonableness" - Defamation Act 1974 (NSW), s22

RECEIVERS - application for liberty to exercise power of sale - assets of dissolving partnership - where separate companies were proprietors of real property on behalf of partnership.

PRACTICE AND PROCEDURE - allegations of knowledge or constructive knowledge in statement of claim - all possible formulations of knowledge pleaded - application to strike out paragraphs of statement of claim - answers to request for particulars overly complex - no requirement to plead source of knowledge - whether basis of allegations of knowledge sufficiently revealed - whether reasonable cause of action disclosed - desirable for basis of trial to be clarified - appeal filed out of time - time for appeal.

LIMITATION OF ACTIONS - application for leave to file cross-claim - cross-claim of first defendant against plaintiffs - claim for principal and interest under mortgage over property at centre of principal proceedings - whether period for filing cross-claim was that for filing defence - where numerous amended statements of claim whether full interest over entire period recoverable.

CORPORATIONS LAW — Statutory demand — Offsetting claim versus attacking directly genuineness of demand debt — Distinction in context of sale of goods with associated proceedings for breach of warranty under Trade Practices Act and Sale of Goods Act type warranties — How offsetting claim tested for genuineness compared to how statutory demand tested for genuineness — Use of statistical analysis in relation to testing genuineness of quantification of an unliquidated claim.

Leave to Re-Open Judgment Before Order Passed and Entered - Leave granted. - Discovery: Application of the definition of "relevance" in Part 23 rule 1(d) to the balance of the Part and Application in cases where documents give rise to a train of inquiry.

EQUITY [87]- Relief against penalties and forfeitures- Partnership deed permitting confiscation of capital if partner reasonably suspected of breach- Whether penalty PARTNERSHIP [26]- Property of partnership- Goodwill- Former partner abstracting "his clients" when quitting firm TRADE & COMMERCE [24]- Restraint of trade- Partnership agreement- Not to work in firm to which a client of former firm in fact resorts- Too wide.

Sentence appeal - armed robbery - causing danger with firearm - severe depression - effective sentence six years with a minimum of four years - not manifestly excessive

Workers compensation - injury occurring in the course of or arising out of employment - employment as a substantial contributing factor to the injury - probability that a similar injury would have happened anyway - Workers Compensation Act 1987 s9A - remote or tenuous connection between employment and injury - definition of "injury" - absence of employment characteristics in the injury - interpretation of "substantial". (D)

Criminal procedure - Back up offence - Related offence - District Court - powers and duties - Local Court - powers and duties - Meaning of "is to produce", "is to order", "is to deal with" - Effect of non-compliance with statutory requirement - Mandatory provisions - Directory provisions - Test - purpose of the legislation - Legislative scheme or regime - Permanent stay of proceedings - Maxim - quilibet potest renunciare juri pro se introducto - Discretion - Review of exercise of discretion - principles

Sentence appeal - malicious wounding with aggravation - effective sentence four years and six months with a minumum term of two years - appeal dismissed

APPEAL from magistrate - no reasons for decisions STATUTE - Dividing Fences Act - sufficient fence - contribution required based on half cost of sufficient fence

On plaintiff's application to strike out particulars of defence of justification - T6673

On application to tender microfilm of Regent Hotel records and summary - Evidence Act 1995 (NSW) ss 48 & 50 - T6687

Extension of limitation period - Medical negligence - Spina Bifida - Radiology - Ultrasound scans - Oral contraceptive pill - pregnancy

CONTRACT - principal and agent - sole agency agreement for sale of real estate - Property Stock and Business Agents Act 1941 - failure to comply with requirements under Act to serve copy of agreement - whether this entitled vendor to refund of commission paid - whether right to refund waived by election - APPEAL - appeal from Local Court on question of law - whether reversal of onus - whether Magistrate failed to give adequate reasons - LAW REFORM - Property Stock and Business Agents Act 1941 s42AA - desirability of amendment to prevent unconscionable gains

CLAIMS IN NEGLIGENCE - employer's duty of care to employee and to her unborn child - nature of duty - whether breach of duty - whether breach causative of harm - INSURANCE - liability of insurer under statutory workers' compensation policy - whether it extended to harm to child transplacentally as consequence of "injury" to mother

PROCEDURE [81] - Supreme Court procedure - Practice under Supreme Court Rules - Preliminary rules and generally - Overriding purpose of Rules - Parties' duty to assist the Court to give effect to overriding purpose.

Criminal Law - Admissibility of evidence of knowledge of co-offender and offender - statements made out of Court - whether hearsay - purpose for which evidence admitted - circumstantial evidence directions - directions as to use of co-offender's evidence - no request for warning - sentence not excessive.

PROCEEDS OF CRIME ACT 1987 (C'th) - restraining order - whether to be set aside because made without satisfaction as to matters as to which the Act required satisfaction - on facts, invalid and set aside.

CORPORATIONS LAW - s459G applications - measurement of twenty-one days by reference to s105 of the Corporations Law

Tender of Telstra documents - Evidence Act 1995 (NSW) s 48(1)(e) - T6580

Possession - whether concluded contract of sale - whether memorandum in writing - whether part performance - whether vendor estopped from denying that contract was concluded

CRIMINAL LAW - sentencing - supply of a prohibited drug, Drug Misuse and Trafficking Act 1985 s25 - SENTENCING - sentence manifestly lenient - discretion to not re-sentence - public interest in not interfering with demonstrated rehabilitation

CRIMINAL LAW - Co-incidence evidence - adequacy of directions to jury - Recognition evidence - admissibility of out of court recognition from photos - Crown witnesses' evidence unfavourable

VICTIMS COMPENSATION - law enforcement victim - appeal from Compensation Court - whether "compensation for injury" under s 14 of Victims Compensation Act 1987 disentitles claimant from "gratuity" for medical expenses under s 12E(1) of Police Regulation (Superannuation) Act 1906

Admissibility - Listening Devices Act, 1984 s 5(3)(b)(i) - requirement for existence of reasonable necessity and lawful interests at time of recording - T6509

Privilege - waiver - former confidential exhibit ‘RWP 2’ to affidavit of Mr Potter sworn 26 November 1999 - T6535