Cases and authorities

Criminal law - sentence appeal - robbery in company - appellant entitled to the benefit of assistance to the authoritys - alleged lack of parity with co-offendor who was a juvenile

CRIMINAL LAW - sentencing - Crown appeal - robbery armed with an offensive weapon - manifestly inadequate sentence - Crimes Act 1900, s97(1) - CRIMINAL LAW - sentencing - "special circumstances" - Sentencing Act 1989, s5(2)

Negligence - motor accident - motorcyclist knocked over by dog - reasonable foreseeability - vicarious liability - s8(1) Dog Act 1966 - onus of proof of negligence - scienter - ND

Criminal law - trial - judge only - conceded lack of mental responsibility

Criminal Law - sentencing - manslaughter - pre-sentence custody - special circumstances - minimum term required

Criminal law - sentence appeal against severity - one count of armed robbery - reference to Judicial Commission statistics

VENDOR AND PURCHASER - termination of contract - return of deposit

Criminal law - related offence - dealing with related offence includes dismissing it

Application for leave to appeal against discovery orders

Criminal law - appeal - time and place of offence - made essential to guilt by conduct of trial - absence of new evidence causing miscarriage

EQUITY [378] - Equitable remedies - Injunctions - Practice and procedure - Other matters - Costs - Whether successful applicant for interlocutory injunction should be deprived of costs where earlier offer made by it on basis that each party pay own costs - Usual order in favour of successful applicant.

On notice given by the defendant pursuant to s 67 of the Evidence Act - ss 62, 63 & 74 - T3874

Corporations - Takeovers - Obligations of offeror - Claim for injunction or damages by offeree on the basis of alleged misrepresentations. - Practice - Summary disposal - Defendants' application granted.

Jurisdiction of court pursuant to s 104(4) of the Justices Act 1902 - whether rulings relating to pleadings and an application for extension of time may be an interlocutory order

Criminal law - sentence appeal - ad miscericordiam application based on subjective circumstances - no error demonstrated in sentencing process.

CRIMINAL LAW - sentencing - Crown appeal - maliciously inflicting grievous bodily harm - manifestly inadequate sentence - double jeopardy - Criminal Appeal Act 1912, s5D - Crimes Act 1900, s35

Criminal law - sentence appeal - application for leave to appeal based purely on subjective grounds

Criminal law - sentence appeal - 12 counts of indecent assault of females under the age of 16 - fresh evidence that at the time of sentence the appellant was, unknown to the appellant, suiffering from cancer of the prostrate and other medical conditions - question whether the additional evidence should lead to a reduction in sentence

On application for access to documents produced on subpoena by the Police Service - legitimate premise purpose - T3906

Criminal law - sentence appeal - ad miscericordiam application based on subjective circumstances - no error demonstrated in sentencing process

Extension of limitation period - S 60C and S 60E Limitation Act

CORPORATIONS — Schemes of Arrangement with associated steps of a proposal to demutualise — Interim reasons for making convening orders and approving explanatory statement — Process followed with objectors in dealing with threshold issues.

On application by defendant to amend its case in relation to proposed witness Mr Kinchela - T3914

Evidence - admissibility - no question of general principle

Defamation - whether two imputations pleaded differ in substance - whether other imputations pleaded are capable of arising - Unnamed plaintiffs - whether need for particulars of identification - Claim for aggravated damages - whether particulars provided sufficient.

Summary judgment - constructive trust of proceeds of fraud - following property subject to trust - constructive trustee either bankrupt or shell company created solely for the perpetration of fraud.

EQUITY [335], [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Serious question to be tried - Intellectual property cases - Balance of convenience - Tidy Tea doctrine.

REAL PROPERTY - claim of ownership against person in possession - ownership in Council claimed on basis disputed land part of road one boundary of which is mean high water mark of Hawkesbury River - claim of possessor based on claim land filled into the river - no evidence of change of boundary since date of road survey

Constitutional Law (Cth) - Invalid judgments of Federal courts - Rights and liabilities of parties declared by NSW legislation to be the same as if the judgments had been made by the Surpeme Court of NSW - Validity. Statutes - Interpretation - Ineffective judgment of the Federal Court set aside for want of jurisdiction by Full Court of Federal Court - Whether still an 'effective judgment' within s.4 of the Federal Courts (State Jurisdiction) Act.

Contract of sale - agreement on market value of property condition precedent - valuation of property misconstrued - specific performance - no agreement if condition precedent not satisfied - no duty on parties to point out valuation had been misconstrued

TRADE — Residual Matters — Restraint of trade by Agreement — Mortgage origination business involving cultivation of "referrers" of business with long lead-time to referred business — Reasonableness of constraint on post-employment contact with referrers and clients for twelve months — Reasonableness of constraint on working for similar business in New South Wales — Other constraints — Effect of s4 of the Restraints of Trade Act 1976 (NSW) directed to actual not imaginary breaches — Principles of construction — Constraint on contacting specified banks and insurance companies unreasonable — List of referrers and their ratings not a trade secret but entitled to protection under contractual stipulation — Relief requires election between damages or an account of profits — Necessary degree of fiduciary fault for latter.

Limitation of actions - extension of time - Section 60G of the Limitation Act 1969 is at best as favourable to this plaintiff as is section 58

On defendant's application to amend case on justification - refined - T3829

LOCAL GOVERNMENT [275] - Appeals - New South Wales - Supreme Court - Desirability of Supreme Court having concurrent jurisdiction over actions within jurisdiction of Land and Environment Court.

Landlord & Tenant [34]- Covenant to repair- What is structural repair- What repairs are dispensed with under fair wear and tear - Landlord & Tenant [40]- Option to renew- Option exercised three months before lease expired- Alleged breaches after exercise- Significance- Conveyancing Act, 1919, s 133E - Law Reform- Options to renew- Legislative action required to clarify operation of Conveyancing Act, s133E

Admissibility of evidence - "context" - relevant to conduct sought to be proved as an admission - T3766

Admissibility - relevance to admissions of conduct - use limited - Evidence Act 1995 (NSW) s 136 - T3775

Practice - Defamation proceedings - application to amend defences shortly prior to trial

Admissibility of evidence - relevance - admission by conduct - T3759

TAXES AND DUTIES - land tax - exemption - whether land used "solely" as a "site" for a "public garden" - used also for other purposes - WORDS & PHRASES - public garden - public reserve - site.

CRIMINAL LAW - sentencing - "exceptional circumstances" - Sentencing Act 1989, s5(2) - Firearms Act 1989, s(5) - CRIMINAL LAW - sentencing - perverting the course of justice - sentence not excessive - Crimes Act 1900, s319