Cases and authorities

diminished responsibility - manslaughter - drug addiction - prisoner suffering from delusional paranoid schizophrenic disorder - maliciously inflicting grievous bodily harm - totality

CONVEYANCING [202] - Torrens system - Instruments generally - Other cases - Court order for rectification of registered leases - Appropriate form of order.

Summary judgment - possession's 84(4) Stamp Duties Act

Application by defendants for access to privileged documents - Implied waiver

CRIMINAL PRACTICE AND PROCDURE - CROWN APPEAL AGAINST SENTENCE - NOTICE OF APPEAL IN RESPECT OF ORDER BY ONE JUDGE BUT CROWN CASE DIRECTED TO SENTENCE PRONOUNCED BY ANOTHER JUDGE - APPEAL MISCONCEIVED - CRIMINAL APPEAL ACT 1912, ss5D, 5DA

MEDICAL NEGLIGENCE - CAUSATION - ADEQUACY OF REASONS - NO QUESTION OF PRINCIPLE

NEGLIGENCE - proof of negligence - causation - whether exposure to asbestos caused renal cell carcinoma - use of epidemiological studies - EVIDENCE - opinion evidence - expert opinion - Evidence Act 1995 (NSW) s 79 - DUST DISEASES - Appellate Jurisdiction of Supreme Court - Dust Diseases Tribunal Act 1989 s 32 - D

PROCEDURE [745] - Miscellaneous matters - Declarations - Requirement that all matters in controversy be determined - Whether that requirement should preclude making of declarations where in negligence claim in multi party proceedings issues of duty of care and breach between two particular parties finally determined on hearing of separate questions.

Summary judgment - possession

On Public Interest Immunity claim by NSW Police Service re confidential exhibits A and B to affidavit of Deputy Commissioner Moroney sworn 3 March 2000 - T4456

Corporations Law - Application to wind up in insolvency. - Application dismissed. - No matter of principle.

On application to cross-examine unfavourable witness on certain topics - Evidence Act 1995 (NSW) s 38(1)(a) & (c) - T4481

Real Property [410]- Easements - Ancillary rights - Driveway - Right to reconstruct - No need to have servient owner approve plans.

On tender of tapes and transcript comprised in MFI 115 in the "Inkster" interview - T4480

On claim of privilege by Ms Brenda Duchen in respect of components of client file - T4457

Building contract - unwritten - s6(1) Building Services Compensation Act 1969 - referee's report - cost plus contract - quantum meruit - fair and just restitution - reasonable profit margin - ND

Contracts - Contracts Review Act 1980 - 'Unjust' contract - Unjust consequence or result - Relevant considerations - Agreement to compromise litigation - Inequality of bargaining power - Inability to protect own interests by reason of mental incapacity - Blameless conduct of party against whom relief sought

Inferior Courts and Tribunals - Consumer Claims Tribunal - jurisdiction - collateral contract - building dispute - receipt of secret commission by one of two proprietors - natural justice - failure to serve notice with details of claim - party appears and meets case - finding that fully understood position - ND

PROCEDURE [24] - Courts - Concurrent jurisdiction of different courts - Transfer of proceedings under cross-vesting legislation - Applications under Federal Courts (State Jurisdiction) Act 1999 to have order in proceeding in Federal Court treated as order of the Supreme Court - Who may make application in respect of winding up order - Company or liquidator?

APPEAL FROM MASTER - inquiry to determine adjustments necessary after re-transfer of land so as to put parties so far as possible in position before transfer - failure to allow interest on purchase price paid - adjustment required for this but counter adjustment ordered for interest on rents received prior to transfer

CRIMINAL LAW AND PROCEDURE - sentencing - manslaughter - impulsive

LOCAL GOVERNMENT - parking control - Randwick Council limited parking in streets near The Spot and Ritz Cinema exercising powers under Roads Act 1993 delegated by Roads & Traffic Authority - proprietor of Ritz Cinema disputed validity of decisions - interlocutory injunction pending decision of proceedings.

Application for interlocutory relief

Vendor and purchaser - Sale of land - Vacant possession - Vendor able to give vacant possession notwthstanding certain items remaining on land at completion date - Contract - Condition or warranty - Breaches of contract alleged were breaches of warranty only - Purchaser not entitled to terminate - Contract - Wrongful termination by purchaser - Vendor entitled to terminate and to claim damages - Conveyancing Act 1919 - Section 55(2A) - Purchaser entitled to return of deposit - Fair Trading Act 1987 - Alleged representations either true or made with reasonable ground or not established - Defendant's cross-claim dismissed.

PROCEDURE [574] - Costs - Departing from the general rule - Orders for costs on indemnity basis - Relevant considerations - Calderbank letter and other offers of compromise - Hopelessness of plaintiffs' case - Whether plaintiffs' conduct reasonable.

CRIMINAL LAW - appeals - appeal against conviction - murder - directions to jury - whether case for accused put fairly - whether verdict unreasonable having regard to the evidence - sufficiency of directions concerning comments by Crown - whether summing up unbalanced

Compulsory acquisition of land by the Council - Claim for compensation under s 55(a) of the Land Acquisition (Just Terms Compensation) Act 1991 - how such compensation is to be calculated - claim under s 55(f) of the Land Acquisition (Just Terms Compensation) Act 1991 of alleged decrease in the value of land - - ND -

CRIMINAL LAW - Application to cross-examine witness on criminal record

ASSOCIATIONS AND CLUBS - Incorporated associations - Federal and State associations - Purported intervention of Federal association in affairs of State association - Whether justified by Constitution of Federal and/or State association.

Misleading or Deceptive conduct - whether misrepresentation - whether failure to disclose material facts constituted misleading or deceptive conduct - whether duty to disclose - no point of principle.

On the tender of the "Stevens" running sheets of 27/04/98 & 05/05/98 - "Bell" subpoenaed documents - privilege claim & the "McCabes" subpoenaed documents - privilege claim - T4401

Insurance - Contracts Work Insurance - Operational All Risks endorsement - construction of policy - Papua New Guinea law - proper law of contract - enforceability by unnamed insured - material alteration of risk - non-disclosure - breach of due care clause - waiver of non-disclosure against one insured as waiver against co-insured - double insurance quantification of contribution - quantification of business interruption loss - judgment in foreign currency - indemnity costs

Admissibility of settlement negotiations; Meaning of "dispute" - s131(1)

Application for Summary Judgment and related matters - Coroners Act 1980 - Application for inquest by relative where inquest dispensed with by Coroner - Claim for wrongful dismissal - right of appeal to GREAT exercised - no alternative remedy - Wrongful arrest and detention - breach of Apprehended Violence Orders - threats in person and over telephone.

Admissibility of settlement negotiations - Meaning of "dispute" - s131(1)

EQUITY — Partnership — Real Property — Family dispute in relation to jointly owned old system property including horse stud — Joint tenancy versus tenancy in common where no unity of interest — Joint tenancy at law in equal shares between mother and three sons but tenancy in common in equity as to three-sixths for mother and one-sixth each for three sons — Partnership or activities separately carried out or joint enterprise falling short of partnership — On balance partnership notwithstanding informal accounting and no immediate profit — Remedy of account available even if not a partnership — This is at common law based on involuntary bailiffs in possession or as unjust enrichment or under fiduciary or quasi fiduciary principles or on basis of break up of joint endeavour without attributable blame save in the exclusion of cross-claimant.

Unfavourable witness - prior inconsistent statement - Evidence Act 1995 (NSW) ss 38, 136 & 192 - T4392

EVIDENCE - Privilege - Legal Professional Privilege - Waiver - Production in discovery process by mistake - Solicitor led in cross-examination to say that reviewed file in order to make affidavit - Privilege not waived.

APPEAL - contempt of court - throwing paint at judge - appeal against two year term of imprisonment - failure to call any subjective evidence in relation to sentencing at trial - admission of fresh evidence on appeal - medical condition - hardship to family - obsessive compulsive personality disorder - time already served sufficient punishment - D

APPEAL - road accident - damages - contributory negligence of plaintiff - apportionment of fault - no causative link between road design and accident - assessment of damages - proportion of most extreme case - past and future economic loss - difference in value between unimpaired capacity and impaired capacity - D

Professional misconduct of legal practitioner - finding outside scope of charge - intent