Cases and authorities

DAMAGES - Action for damages - Claim under Trade Practices Act s52, s82 - Misleading or deceptive conduct - Inadequacy of product label on cleaning substance - Employee suffered injury - Requirement of causation - No requirement that damages can be recovered only where the applicant relies directly upon the conduct of the party constituting contravention of the relevant provision; DAMAGES - Application for reduction of damages - Application of Workers Compensation Act 1987 s151Z - Apportionment of liability between manufacturer and employer - Causative impact of their respective actions - Common liability not destroyed by the way the cause of action was framed

Break, enter and steal offences; effect of aggregation of sentences; events subsequent to sentencing.

Appeal from Magistrate dismissing an information against the defendant on a question of law only.

Corporations - Winding Up - Jurisdiction of Federal Court - Winding up order made without jurisdiction, but not set aside - Whether proceedings commenced by liquidator in NSW Supreme Court can continue. Procedure - Courts - Order by Federal Court that company "be wouind up by this Court" - Meaning and effect of order after lack of jurisdiction established but order not set aside.

CRIMINAL LAW - bank robbery - aiding, abetting and assisting - appeal against conviction - trial Judge left open to jury the possibility of conviction on the basis of an inappropriate inference - held; conviction was unreasonable and should be quashed - no substitution of lesser charge possible; CRIMINAL LAW - larceny as a clerk - bank robbery - appeal against sentence - held; sentence was within reasonable range.

PRACTICE and PROCEDURE - amendment - rulings on proposed amended cross-claims ; PRACTICE and PROCEDURE - subpoena - public interest immunity - claim by ASIC where uncompleted investigation had collected records of statements of witnesses about facts relevant to pending civil litigation in which ASIC was not a party - immunity allowed.

Anti-discrimination Act s31A, s53 - complaint out of time - parties - proceedings for review - application to be joined - Pt8r8 Supreme Court Rules

Motor vehicle accident; Liability; Damages; Negligence; Contributory Negligence; Due inquiry and search; Non economic loss; Past and future loss of earning capacity

Malicious Prosecution - Conspiracy - Supreme Court Rules Pt33 r6 - Pt13 r5

CRIMINAL LAW: Trial for involvement in importation of cocaine - complaint about structure and clarity of summing-up - adequacy of warning about evidence of accomplice - no question of principle

(No question of principle)

Criminal law and Procedure - Sentencing - No question of principle

Criminal law and procedure - sentencing - no question of principle

Sentencing - Receiving- Crown appeal against inadequacy of sentence

Criminal law - appeal - recklessly make statements false in material particular with intent to obtain monies for another - statements made to ensure compliance by another with contract - not necessary under the contract for payment of monies - nature of materiality - directions to jury.

Personal injury; fall at swimming pool; per majority: (Priestley JA dissenting) no arguable case of negligence and no justification for a new trial.

Costs; no sufficient reason why respondent should not pay successful appellant's costs.

Criminal law and procedure: Sentencing - Periodic Detention - Periodic Detention of Prisoners Amendment Act No 43 of 1998 - two stage process required.

Defamation Act 1974 ss 15 & 16 - contextual imputations - re-consideration of judgment 20 August 1999 (NSWSC 838)

Extension of limitation period; Section 151D WCA; Sections 60C & E Limitation Act

On application for adjournment - T3086

Defamation - evidence application for a direction that certain evidence could not be relied upon by the defendants on the defence of justification.

Family Provision. Application by son. Order made. No matter of principle.

PRACTICE AND PROCEDURE — Apprehended bias based on prejudgment in relation to procedural unfairness where the latter is intended to be corrected by orders and submissions requiring further evidence and submissions before the referee’s report is adopted — procedural requirements for a Referee — Waiver.

Application by plaintiff (the unsuccessful party in a claim for specific performance) for a costs order to facilitate payment of indemnity costs by the defendant claimed to have been agreed to in a Deed settling the main proceedings.

COMPULSORY ACQUISITION - compulsory acquisition of private roads by Council - compensation awarded by Land and Environment Court - whether Judge erred in law - whether land could be valued as if it had never been sub-divided - whether private rights of other parties should be taken into account - whether roads had become public roads; REAL PROPERTY - subdivison creating roads contiguous with lots - private rights-of-way created in favour of lots - Dabbs v Seaman (1925) 36 CLR 538 followed; REAL PROPERTY - dedication of highways - not possible by public user after 1 January 1920 without compliance with Local Government Act 1919

Appeal from Residential Tenancies Tribunal; No tenancy created by payment of rent; Valid termination; No damage

CONTRACT; construction; meaning to be given to agreement to insure..."including insurance of all crew for personal injury and death"; relevant principles of construction considered; RECEIVER; whether personally liable on contract entered into within scope of and in course of his agency; EMPLOYER AND EMPLOYEE; employee liable in negligence to third party; claim for indemnity by employee against employer; action brought in New South Wales; application of law of Queensland; employee's claim to be indemnified by employer not maintainable.

Measure of damages for anticipatory breach of contract for sale of land; mitigation

Family Law. Application under Property Relationships Act 1984 for adjustment of parties' property interests. Orders made for adjustment. No matter of principle.

Defamation - pleadings - defence of unlikelihood of harm - application by plaintiffs for defence to be taken away from the jury.

Criminal Law and Procedure: Sentencing - no question of principle

CRIMINAL LAW - sentencing - armed robbery in company - whether sentence excessive.

Criminal Law and Procedure:

Criminal law - inadequacy of sentence - Crown appeal - discretion - guideline judgment - necessity to consider.

CUSTOMS AND EXCISE - Customs offences - importation of goods - evasion of duty - nature of proceedings - whether criminal or civil - nature of retainer of solicitor - authority to prosecute - whether owner of goods - whether documents producible only to the Collector - amended Statement of Claim - failure to strike out averments - Customs Act 1901 (Cth), ss 4, s 36(1), 153, 214

Customs Act 1901, ss30, 68, 132, 132A, 153 - Customs Tariff Act 1987, s21 - imported goods released for home consumption without entry - when obligation to pay duty arose - whether calculation of duty possible - whether debt created.

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Application for stay - examination summons - allegation that issued for improper purpose - open justice - solicitor's duties

Personal injury; judge's findings of fact; no new question of principle

Mortgages; Exercise of power of sale; Mortgagor claiming damages; Breach of duty not shown

Partnerships; Duty of good faith and disclosure; Breach of fiduciary duty; Breach of duty not made out

Local Government Act; Land vested in council; Classification of land as 'public park' or 'public reserve'; required actions

Justices Act; committal proceedings; ss41 & 48E

PRACTICE AND PROCEDURE - Supreme Court procedure - amendment - amendment to names of parties - substitution of 9 defendants (including original 5 defendants) for original 5 defendants - whether within Pt20 r4(3) - appeal from Master's order allowing amendment - appeal allowed

CRIMINAL LAW - Sentence