Cases and authorities

Sentence appeal - one count of indecent assault on a child under 16 by a person in authority, four counts of aggravated indecent assault - overall sentence mimumum term of 18 months with an additional term of 18 months - prior good character - appeal dismissed

Appeal decision of costs assessor

Appeal costs assessor's decision

CORPORATIONS — Procedure — Scheme of Arrangement — Court hearing under s411(1) for orders to convene meeting of members — Allegation by member of fraud levelled against directors — Requirement not satisfied to properly plead, particularise and substantiate by affidavit evidence — Leave declined to member to cross-examine managing director who had earlier filed affidavits — Relevance of time estimates.

Mental Health [8]- Management of Protected Person's Estate- Moral Obligations of Protected Person- How far might these be discharged

Negligence - plaintiff a trespasser on property beside Shoalhaven River - action against owner/occupier - plaintiff fell into crevice - whether duty of care arose, and if so whether breach of duty of care.

Workers Compensation - whether s16 of Workers Compensation Act 1987 applied - whether worker's employment was a substantial contributing factor to the aggravation, acceleration, exacerbation or deterioration of his disease of osteoarthritis - whether a frank injury may fall within s16 - what is an injury.

Landlord & Tenant - Deregistration of lessee - guarantees - absence of notice even to licensee

On the defendant's Notice of Motion relating to order of witnesses - T3620

LIMITATIONS - whether proceedings against a solicitor, for failing to bring proceedings within time, statute barred - whether any cause of action against the solicitor accrued after the expiration of the earlier limitation period - whether that cause of action accrued when the statute was pleaded or when an application to extend that time was lost - whether a further cause of action accrued for failure to bring an application for extension of time promptly and carefully.

manslaughter - intoxication

EQUITY [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Balance of convenience - Propriety of attempting to forecast ultimate result - Relevance of strength or weakness of plaintiff's case.

CRIMINAL LAW AND PROCEDURE - Jurisdiction to deal with related offences (Criminal Procedure Act 1986 ((NSW) s 37 (old s 35)) - whether plea of guilty on arraignment constitutes 'conclusion of the trial of an accused person for an indictable offence'

On admission of evidence - T3577 - further particulars of truth - admissions by conduct

Application by defendants for separate hearing of proceedings as between the plaintiff and the first to fifth defendants and the plaintiff and sixth and seventh defendants: application refused. - Consideration of Part 31 rule 2 and the discretionary matters applicable.

Application to strike out Summons as failing to disclose a cause of action granted.

Application for interlocutory injunction to restrain employees, who had given notice, from terminating employment and from entering into other employment - Question of repudiation of contract of employment, acceptance of any repudiation and reasonable notice - Held reasonable notice given - no repudiation of contract of employment - if a repudiation acceptance and damages an adequate remedy - Held Deed of Restrictive Covenant entered into subject to a condition which had not been fulfilled and therefore not binding. - Delay in bringing proceedings, in the circumstances, would have been a reason why in the exercise of discretion interlocutory relief should not be granted. - Kolback Securities Limited v Epoch Mining NL (1987) 8 NSWLR 533 - Quinn v Jack Chia (Australia) Limited [1992] 1 VR 567 - Thorpe v South Australian National Football League (1974) 10 SASR 36

Hearsay - Admissibility of conversation

Imputations - Second Further Amended Statement of Claim - 22 October 1999

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

Family Provision. Application under Testator's Family Maintenance & Guardianship of Infants Act 1916 by a son. No matter of principle. Time for making application extended and order made for a legacy for the plaintiff.

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

Hearsay; Admissibility of conversation

On application to preclude access on the basis of witness's privilege to material produced - T3503

TESTATORS FAMILY MAINTENANCE - application of illegitimate child - parentage not disputed - extent of duty to provide maintenance - no contact between parent and child - no fault of child - provision out of notional estate - very substantial assets available for designation - no competing interest - assessment of needs - Family Provision Act 1982 (NSW) - Status of Children Act 1996 (NSW) - TESTATORS FAMILY MAINTENANCE - application of widow - separate lives for 27 years and short period together - little contact and no support - widow undertook entire responsibility for two children - provision out of notional estate - very substantial assets available for designation - no competing interest - relevant matters for consideration - Family Provision Act 1982 (NSW) - TESTATORS FAMILY MAINTENANCE - application of two children - both able bodied adults with reasonable incomes - no contact with deceased and negligible support - difficult early life - provision out of notional estate - very substantial assets available for designation - no competing interest - provision made by Foundation expended largely on pursuit of claims - assessment of needs - Family Provision Act 1982 (NSW)

Summary dismissal - sale of land - entitlement to terminate contract

Family Law - Adoption - Child aged 21 who had come from India to live with applicants when 17 - Extraordinary and special relationship between applicants and child from age 13 - Whether brought up, maintained and educated by applicants as their child - Immigration status - Adoption order made.

Evidence - Legal professional privilege - Allegation of improper purpose - Degree of proof required. Practice - Interrogatories - As to state of mind of persons when they obtained access to information alleged to be privileged - Not "necessary".

Application for leave to appeal

PRACTICE AND PROCEDURE — Exceptional circumstances justifying plaintiffs in re-opening their case without tendering the defendants’ costs thereby incurred — evidence had closed and plaintiffs’ further affidavit evidence was sought to be filed in circumstances where the defendants substantially responsible by reason of their earlier late production of a critical original of a document after evidence closed — Orders made in favour of plaintiffs with costs exceptionally to be borne by the defendants — requirements of court efficiency, interests of justice and fairness to parties and how weighed.

Costs - Claim of plaintiff dismissed - Cross-claim filed by defendant - Claim of defendant for maintenance unsuccessful - Whether defendant is entitled to an order that the plaintiff pay the entirety of the defendant’s costs, or whether defendant should pay part of plaintiff’s costs - Evidence relating to maintenance also relevant to exercise of the Court’s discretion in respect to application by plaintiff for extension of time.

To await final orders

Possessory title to moneys seized; value thereof; whether provision for reasonable legal expenses should be made based on possessory title with no other likely claimant; ceiling placed on such expenses by value of possessory title at date of hearing

Manslaughter; Appeal against sentence; Special circumstances

NEGLIGENCE - solicitor - rail worker injured at work - settlement of claims for damages and compensation - solicitor sued for negligence in advising settlement - whether evidence supported trial Judge's finding that common law claim had 50:50 chance of success - whether solicitor negligent in negotiating redemption without taking into account s 11(2) entitlement

CORPORATIONS LAW — Selective reduction of capital voted under s256C(2) of the Corporations Law to effect takeover — Who may caste vote where consideration is shares emanating from a third party — Meaning of phrases "caste vote" and "who is to receive consideration as part of the reduction" — Unanimity not required under s256C(2)(b) as procedures comply with s256C(2)(a) — Distinction between reduction and scheme with latter required together with class meetings with and without third party — Scheme required because shareholders bound to take up shares in third party issued under scheme to compensate for cancellation.; WORDS AND PHRASES — "caste vote" and "who is to receive consideration as part of the reduction"

REAL PROPERTY — Contract of Sale — Making time of the essence — Failure to complete — Entitlement to issue notice to complete — Nature of a requisition — Requisitions as to minor encroachments such as awning, party wall and air-conditioning unit — Error or mis-description and contractual stipulations — Timing for and right to make requisitions under contract and by statute — Effect of Schedule 2 of Conveyancing (Sale of Land) Regulations 1995 — Recovery of deposit under s55 of Conveyancing Act 1919 (NSW) — Relevance of availability of specific performance against purchaser — Factors going to court’s discretion — Set-off against forfeited deposit of recoverable costs and expenses so injured party placed in same situation so far as money can do as if contract performed.

Professional negligence; matrimonial dispute; settlement; failure to investigate husband's assets; effect on settlement

NEGLIGENCE - 10 year old boy falls from a tree in backyard of premises where he lived - previous requests by mother to defendant (landlord) to remove tree - whether defendant negligent - assessment of damages.

Contracts; Construction and interpretation of lease; meaning of "may have regard to"; whether matters set out in clause exhaustive in determination of rent; rectification; specific performance.

Administrative Law; procedural fairness/natural justice; teachers' disciplinary charges found proven without hearing/inquiry; question of whether regulatory scheme constituted a "code"; "curing" effect of right of appeal; perverse fact-finding and error of law.

Negligence - Causation

Appeal from Master Harrison; Strike Out motion

Workers compensation; trial practice

Workers compensation; Trial practice