Cases and authorities

Construction of Rent Review clause in commercial lease - whether absurdity rule applies.

Family Law. Application for extention of time under s 18 of the Property (Relationships) Act 1984. Principles upon which an extension is granted discussed. Application granted

Workers Compensation [244]- Common law liability - Occupational disease - Last person liable self insurer - Whether contribution rights exist - Workers Compensation Act, 1987, s 151AB. - Words & Phrases- "Insurer".

Sentence - murder - intent to cause grievous bodily harm - gravity of "domestic" murder - use of Victim's Impact Statement

Practice and Procedure - Discovery - Admissions - Facts in issue - Documents discoverable are those relevant to the facts in issue - Court's power to discharge discovery orders under Supreme Court Rules - Inherent jurisdiction of Court to discharge procedural orders - Whether an admission by one party sufficient to remove a fact from issue - Statements made by the Court of Appeal during argument

Appeal in respect of order for costs - In breach of retainer - Rent review clause.

Admissibility of evidence - civil proceedings - Listening Devices Act 1984 - tapes - warrants - requirements for proof - tender rejected - T4313

CRIMINAL LAW - Admissibility of evidence - whether accused unlawfully detained - whether improper questioning

Criminal law - sentence appeal - 18 year old female pregnant at the time of sentence - custodial sentence imposed with direction that they served in a juvenile detention centre - fresh evidence that facilities unavailable for appellant to keep child after confinement in a juvenile centre - such facilities available in an adult prison under Mothers and Children Programme.

CRIMINAL LAW - Sentence - whether special circumstances

CRIMINAL LAW - Sentence - whether manifestly excessive

APPEAL - personal injury - motor vehicle accident - whether respondent failed to mitigate loss - whether causal link between pain and injury - quantum of damages as proportion of most extreme case - need for ongoing domestic assistance - CROSS-APPEAL - no evidence of past economic loss - quantum of future economic loss ND

On application by Police Service of New South Wales for Public Interest immunity in respect of documents under subpoena - T4294

Criminal law - sentence appeal - obtain benefit by deception s 89 - subjective circumstances - applicant sentenced to full-term custodial sentence - mother of three young children - consideration by the Court of administrative and legislative facilities available to mitigate hardship.

Criminal Law and Procedure - Demand Money With Menaces - Sentence - Organized Attempt at Extortion from Operators of Brothel - Group of Men Attend to Enforce Demand - Some Armed - Inferences of Knowledge Available to Sentencing Judge

Extension of time to commence proceedings - Ss 60G and 60I Limitation Act - Voyager/Melbourne collision

Criminal Law - sentencing - provocation manslaughter

Summary judgment - cross claim - SCR

Criminal Law - homicide - special verdict of not guilty on the ground of mental illness.

CRIMINAL LAW - Application for separate trial for Pieter Helmhout - whether prejudicial material be cured by direction

On Motion to set aside Plaintiff's Notice to Produce served 21 February 2000 - T4291

Family Provision. Claim under the Family Provision Act by elderly son. Attempt to advance cost of care of his child as a need for maintenance and advancement in life. Held this was not a proper claim.

CONTRACTS - construction and interpretation of contracts - construction of proviso to obligation to surrender a lease - covenant to surrender part of leased premises subject to proviso to grant licence - independent obligation or condition precedent - claim of plaintiff that licence must be granted which is capable of being legally used - HELD the words "may be used" in the proviso do not equate to a guarantee that the licensee can obtain all relevant consents when the lessor is not the consent authority

CRIMINAL LAW - Admissibility of Delly's interview with police - voir dire - not tape recorded - whether accused was threatened - unlawful detainment - probative value

PROCEDURE [442.5] - Discovery and inspection of documents - Generally - Anton Piller orders - Whether plaintiff or defendant ought be permitted to inspect seized computer records to determine whether they contain relevant material - Defendant associated with individuals and companies against whom prima facie case of serious fraud and dishonesty made out - Controls which should be imposed on inspection

Wills - whether testator and another had entered into mutual wills - whether intention that wills not be revocable - whether provision should be made under Family Provision Act 1982.

Appeal against decision of Equal Opportunity Tribunal; Original jurisdiction of Supreme Court; Supervisory jurisdiction over Administrative Appeals Tribunal

APPEAL FROM COMPENSATION COURT - NO ERROR OF LAW - NO QUESTION OF PRINCIPLE

On objection to a question asked by Mr Barker during cross-examination of witness Gulley - T4267

CORPORATIONS — Members’ scheme of arrangement in relation to NRMA Limited ("Association") and NRMA Insurance Limited ("Insurance") associated with the demutualisation only of Insurance and with various structural changes between Association and Insurance — Court’s function in convening scheme meetings and approving information memorandum in relation to complex proposals involving 1.8 million members of Insurance and 1.2 million members of Association — Responsibilities of board and senior management to let documents speak for themselves — Disclosure obligations in relation to company not limited by shares — Role of ASIC — Degree to which Court looks at ultimate fairness of scheme at meeting convening stage and later scheme approval stage — role of objectors — Cost orders for and against objectors only made after they have been heard — Other potential legal impediments — Scope of "arrangement" — What is approved by court when arrangements embrace associated steps for demutualising and implication of Gambotto principles concerning expropriation of membership rights — Effect of conditions subsequent — Legitimacy of scheme proxy to enable passing of later demutualisation resolutions — Relevant considerations when time gap between scheme resolutions and later demutualisation resolutions — Is former surrogate for later — Identification of classes of members — No equitable constraint based on supposed common understanding of members that should remain forever a mutual — No trust of Insurance’s assets such as to preclude demutualisation — Qualified duty of directors to do only what was lawful in carrying out obligation to implement demutualisation steps — Cut-off of membership involves no legal contravention — When should draft information memorandum be released to media where subject to change or potentially defamatory — Legal capacity of Insurance and its parent NIGL to pay dividends out of unrealised gains combined with realised gains and earned profits without contravening s254T of the Corporations Law — Accounting standard AASB 1023 mandatory on Insurance — No foundation for submission that Insurance’s proposed new parent could not be listed on supposition that it could not pay dividends when that supposition not made out — s411 procedure not a privilege or requiring clean hands beyond its statutory preconditions including proper disclosure — This an "arrangement within s411" — No basis to preclude demutualisation if members so decide in what comprehended in "mutuality principles" or by reason of past accumulation of profits rather than "mutual pricing" or premium rebates — Relevance of trend overseas to demutualise — No basis for treating demutualisation as inevitable when this a matter for members’ decision — Shares issued by NIGL are fully paid — Par value now abolished — Position at court approval stage where court’s discretion remains.

Application for medical examination of witnesses.

Application for medical examination of witnesses

CORPORATIONS — One shareholder/director company — effect of which when only one director on efficacy of corporate action — no necessity for board resolution formally approving transfer of shares at least where pre-emptive rights not invoked — Duomatic principle — Validity of appointment of administrator and in consequence, liquidator — Scope for remedial order — Meaning of "substantial injustice" in relation to s1322(4) of Corporations Law — Avoidance of preference proceedings — Remedial order under s447A requires balancing process weighing up effect of making as against not making order.

Refer attached page

On application by defendant to access to documents over which privilege had been claimed - T4268

PROCEDURE [101] - Supreme Court procedure - Practice under Supreme Court Rules - Amendment - Application to amend cross claim after hearing of substantive issues but before determination of relief - Whether delay causing prejudice - Order for costs as rectifying consequences

negligence - duty of care - liability of public authority - contributory negligence - alcohol consumption by plaintiff - apportionment between joint tortfeasors -

CRIMINAL LAW - Sentence - Appeal - Juvenile

Criminal law - sentence - perverting the course of justice and similar offences - young offender.

Criminal law - appeal - sentence - disparity

Criminal law - sentence - appeal - numerous armed robberies - juvenile - successful rehabilitation - fresh evidence - principles for admission on sentence - necessity to reflect objective criminality - direction sentence be served in juvenile justice institution when available.

Criminal law - sentence appeal - parity argument - whether sentencing judge should have taken into account that an offender required by the Parole Board to serve an additional term by reason of a breach of parole conditions - might well expect an early review of that direction.

APPLICATION FOR LEAVE TO APPEAL - ABUSE OF PROCESS

Property (Relationships) Act 1984 - Some form of a relationship between the parties obtained at various times over a period of thirty-two years - Not disputed that the parties cohabited and were in a de facto relationship for at least a total of eleven years during the foregoing period - Adjustment of interests in property - House property purchased in names of plaintiff and defendant as joint tenants - Defendant made no financial contribution to purchase price - Respective contributions of each party - Respective earnings and income of the parties - Plaintiff was principal breadwinner, whilst defendant was principal homemaker.

CRIMINAL LAW - Sentence - whether manifestly excessive - Drug Misuse and Trafficking Act s25(1) - user/dealer

Criminal law - appeal - sentence - disparity