Cases and authorities

Practice and Procedure - jurisdiction of Court - written agreement made overseas - further and better particulars.

Admissibility - Child Welfare Records - T4870 - relevant to defence of qualified privilege

Documents under subpoena - application for inspection - claim for confidentiality - Education Regulations 1996, cl.5 - limited access - T4862

Evidence - relevance - circumstances of the making of an earlier statement - inconsistent with witness' position on "recanting" - T4843

Evidence - admissibility - Evidence Act 1995 (NSW) s106(a) - contemporaneous notes by Mrs Ferry of telephone conversations with Mr Pearce - T4850

Leave to appeal decision of costs assessor - s 208M - cl 26D

CRIMINAL LAW - sentencing - Crown appeal - malicious damage by fire - Crimes Act 1900, s195(b) - CRIMINAL LAW - sentencing - manifestly inadequate sentence - "weight" - "special circumstances" - Sentencing Act 1989, s5(2)

Criminal Law - sexual offences - admissibility of contents of document when it cannot be found and goes to more than credit - admissibility of evidence going to complainant’s conduct and attitude towards accused - leaving of alternative verdicts of carnal knowledge - correct construction of Ss.61D, 61G and 78 of Crimes Act - directions as to complaint, need for direction that delay prejudiced accused - no danger of tendency reasoning - unique case where accused denied acts of indecency or intercourse but admitted other consensual intercourse, alternative case of consent not put - admissibility of "look of wanting" and exclusion - competence of trial counsel - sufficient evidence to support verdicts.

Medical Negligence - Failure to detect malignant melanoma - Joinder - Vicarious liability - Where original test result did not indicate malignancy

Application for leave to appeal - Workers Compensation Act - whether the injured worker could revoke his election not to claim common law damages - mistake as to the date of the election and as to the operation of an amendment to s 151A(3)(b) of the Workers Compensation Act

Family Provision. Claim by widow. Opposition by daughter of first marriage of the deceased. Consideration of appropriate costs orders. Order that plaintiff receive substantially the whole estate.

EQUITY [378] - Equitable remedies - Injunctions - Practice and procedure - Other matters - Costs - Ex parte injunction - Whether trustee acted unreasonably in making ex parte application without notice.

Corporations Law. Application to set aside statutory demand relying upon a judgment debt. Question of whether judgment is likely to be set aside. If set aside no debt to found statutory demand. Demand set aside.

Lease of retail shop - Leases - whether "photographic store and processing agency" is included in permitted use - whether another shop has been leased with the same permitted use in breach of the lease - what is the appropriate term of relief

Development consent - construing the purposes of an existing use - s109B(1) Environmental Planning and Assessment Act - use of land - place of public worship - mosque as church - the use of dictionaries. D

Whether mortgage unjust in the circumstances - Mortgage - orders sought under s 7(1)(b) of Contracts Review Act 1980 that mortgage was void - whether Bank should have advised on the viability of the business - whether Bank should have advised that there was a "real risk" that the appellant would lose her home and the legal effect of a mortgage.

PRACTICE AND PROCEDURE — " Just, quick and cheap" as an overriding purpose — Effect in particular case — Use of referee and cost consultant to avoid lengthy and frequent applications.

Criminal Law - sentence - concealing a serious offence

Corporations Law. Application to set aside statutory demand. Consideration of whether a claim to set aside a lease for breach of the Trade Practices Act leads to a genuine dispute about a claim for damages for repudiation of the lease. Demand set aside.

On plaintiff's application to have recalled the witness Mr Stals - T4835

On defendant's application to amend case on justification re Paul Fraser

Judicial Review - Decision of District Court on an Appeal from the Psychologists Registration Board - whether the Psychologists Act 1989 has retrospective operation - conduct alleged to be professional misconduct prior to the Act coming into force.

STATUTORY CONSTRUCTION - privative clause - s 155(1) of Casino Control Act 1992 - decision of Casino Control Authority under the Act "is final and not subject to appeal or review" - Authority decides not to grant special employee licence - complaint that it discriminated on the ground of marital status - complaint referred to Equal Opportunity Tribunal - whether enquiry by Tribunal precluded by privative clause - By Sheller JA - no, because if complaint upheld the decision was not a decision under the Act - By Stein and Giles JJA - no, because the Tribunal's enquiry would not be an appeal or review of the Authority's decision - Discussion of meaning of "review".

CRIMINAL LAW - Application for verdict by direction - Accessory after the fact to murder - whether failure to establish prima facie case

Practice and procedure - adoption of referees' report - leave to adduce additional evidence - conduct of reference - court to consider aspect of negligence issue not addressed by referees - decision of court on evidence taken before referees and additional evidence.

Extension of time for bringing action - Gateway, bar - Discretion - Principles for exercise of discretion - Just and reasonable - Fair trial of action - Prejudice - factors to consider - Public interest - Equitable claim - Laches - Amendment

FAMILY LAW AND CHILD WELFARE [138] - Child welfare other than under Family Law Act 1975 - Adoption - Other matters - Application by birth father of adopted child for declaration that he is birth father - Application for alteration of surname of child on original birth certificate - Whether summons should be served on child and adoptive parents.

CRIMINAL LAW AND PROCEDURE - CROWN APPEAL - INADEQUACY OF SENTENCE - MULTIPLE SEXUAL OFFENCES AGAINST STEP-DAUGHTER - OFFENDER'S HEALTH AND EFFECT OF CUSTODY

CRIMINAL LAW - Appeal against sentence - Sentencing Act 1989 s5 - Whether 'statutory norm' - Minimum term - Relationship between minimum and additional terms - Whether statutory requirement to give reasons for so-called departures from conventional sentencing structure - where additional term less than minimum term - Sentencing statistics - Mitigating effect on sentence of guilty plea and absence of past violence where crimes horrific - Regard to enormity of criminal conduct

CRIMINAL LAW AND PROCEDURE - ADMISSION OF EVIDENCE - IDENTIFICATION OF OFFENDER FROM PHOTOGRAPHS - EVIDENCE ACT 1995, s137

Criminal Law - Appeal against sentence - effect of sentence on applicant's children - whether taken into account by sentencing judge - children now made wards of the State - whether Court should show mercy

MURDER - appeal on conviction - whether sufficient evidence capable of constituting provocation for it to be left to jury - whether trial judge erred in summing up on provocation - whether trial judge erred in written directions provided to jury on provocation - whether written direction contrary to Green v The Queen - s 6 Criminal Appeal Act 1912 - whether substantial miscarriage of justice - whether accused denied fair chance of acquittal - appeal against sentence - whether manifestly excessive

WORKERS' COMPENSATION - appeal from Compensation Court - entitlements to payment for nursing and other care - domestic assistance not "nursing" - whether a "cost" incurred for care given in circumstances of friendship - Workers Compensation Act 1987 ss 59 and 60

On application for pseudonym - T4814

CONTRACT - formation - on the facts it was found that no agreement to hire equipment for two-year period had been formed - conduct gave rise to implied agreement terminable on reasonable notice - on the facts, there was no promissory estoppel - Part Performance was not available.