Cases and authorities

Succession - Family Provision - Application by stepchildren.

CRIMINAL LAW - Admissibility of accused's interview with police - voir dire - whether accused was threatened - state of affectation by alcohol, drugs and depression - whether failure by police to comply with cl 28

Transfer of proceedings to the District Court - Power of District Court to award costs incurred prior to transfer.

Appeal decision of costs assessor - liability to pay costs where party has been given indemnity

Practice and Procedure - discovery- confidentiality - access to commercially sensitive documents by expert witnesses - forensic importance of access to documents to parties - need to protect commercially sensitive information from undue dissemination - extent of undertakings appropriate to protect commercially sensitive information.

Family Provision. Claim by a niece for provision. No matter of principle. Order made in favour of the plaintiff.

CRIMINAL PRACTICE & PROCEDURE; Sentencing felony murder; Assistance to authorities s442B Crimes Act; Special Circumstances

Negligence claim - passenger injured disembarking from ferry - reasonable care taken by defendants - claim fails - no new principles

Strike out paragraphs statement of claim

Appeals - questions of law or fact

PROCEDURE [109] - Supreme Court procedure - Practice under Supreme Court Rules - Setting down for trial - Expedition - Equity Division - Whether cse should be fixed for trial before preparation complete.

CRIMINAL LAW - Sentence - fresh evidence as to applicant's health

CRIMINAL LAW - Sentence - indecent assaults on stepdaughter - not manifestly excessive

Criminal Law and Procedure - Sentence - No Special Point of Principle

Negligence - no question of principle

CORPORATIONS [177]- Administrator- Appointment- Partner of liquidator- Person formerly administrator under aborted administration- Whether appointment valid- Corporations Law ss 82A, 448C - WORDS & PHRASES- "Officer"

CLOSED COURT: Judgment directed to be published - T4155 - On closure of court during part of the evidence of Mr Elomari - T4127

Criminal law - sentence appeal against severity - matter could have been dealt with in the Local Court - supply a prohibited drug (Cannabis) 359.3 grams

Criminal law - sentence - maliciously damaging property by fire - asserted provocation

Criminal law - sentence - fresh evidence - medical condition of much greater seriousness than known at time of sentencing - effect of condition on trial judge's assessment of prospects of recidivism

Criminal law - sentence appeal - dangerous driving occasioning death x 2 - subjective circumstances applicant sentenced to two years minimum term has dependant four year old daughter - consideration by the Court of administrative and legislative facilities available to mitigate hardship

Family Provision. - Claim by a son with difficulties. - Order made. - No matter of principle.

On application by defendant for a closed court during the giving of Mr Elomari's evidence - Supreme Court Act 1970 s 80 - T4137

On application by defendant for confidentiality order as to agreement between Mr Elomari and the defendant - T4156

Appeal against costs assessor

Crown Appeal - s5D(1) Criminal Appeal Act - Serious offences in contravention of S 111(3) Crimes Act (max. penalty 20 yrs) - Multiple offences contrary to S 178BA (dishonsestly obtain money) - Question whether 2 yrs penal servitude to be served by periodic detention is manifestly inadequate - Respondent at crossroads of life having made impressive efforts to turn his life around - In exercise of discretion appeal against lenient sentence dismissed.

Criminal law - sentence appeal - young Aboriginal male - multiple break, enter and steal offences - relevance, if any, of maximum sentences for like matters in the District Court - effective sentence of 5 years overall - minimum term 3 years - additrional term 2 years - appeal dismissed

Criminal Law and Procedure - - Evidence - - Discretionary Exclusion - - Summing-up - - Directions on Delay in Complaint - - Sentence - - Mild Intellectual Disablement

Appeal on quantum - Error in judge's assessment of plaintiff's pre-injury average earnings - Reassessment - Appeal against basic factual findings fails - No question of principle needing to be decided

Motion to reopen appeal - orders entered - no question of principle

Negligence - occupier's liability - licensed premises - owner's control - unlit stairway - Damages - personal injuries - "cushion" award inappropriate - Costs - Bullock award

Restitution - money paid in anticipation of a contract that was never concluded

Interlocutory application - cross-examination at large on issues in the trial - not permitted - T4098

Claim for privilege - the 'Gulley' documents

Admissibility - interlocutory application - claim for privilege - evidence on information and belief - not probative of any issue relevant to application - rejected - T4095

CORPORATIONS — Winding up — Statutory demand — Offsetting claims genuinely disputed Principles applicable to appeals from Master in relation to s459G determinations.

Access to "police" documents - T4114

No question of principle

ESTOPPEL - Estoppel by convention - Consent by lessor to placement of signs by lessee - Incorrect assumption that signs within terms of lease - Lessor estopped from departing therefrom. LANDLORD & TENANT - Interpretation of term of lease allowing placement of signs with consent of lessor - Whether confined to signs on the demised premises - Whether consent revocable.

Claims for privilege - "Elomari" document - T4114

Vexatious litigants - No question of principle

Breach of contract - whether breach of essential or implied term - whether reasonable notice given of termination - wrongful termination - damages - quantum of damages

Denial of Procedural fairness - no issue as to principle

Costs of Cross Claim