Cases and authorities

No question of principle.

ADMINISTRATIVE LAW - whether disciplinary proceedings should be stayed for abuse of process as vexatious - whether proceedings sought to litigate anew a case disposed of by earlier proceedings - prior determination necessary - discretionary considerations, including public interest in proceedings going on - prior determination necessary for res judicata, issue estoppel, and Anshun estoppel.

SUPREME COURT — Inherent jurisdiction in relation to welfare of children — Blood transfusion for an infant where parents have strong religious convictions to the contrary — Difference between statutory power for emergency medical intervention under s20A of Children (Care and Protection) Act 1987 and orders sought to alleviate an appreciable risk of serious damage to the child’s health — Extent of Court’s jurisdiction and factors affecting the exercise of its discretion, as arise in the context of a life threatening condition — form and scope of orders.

Re-determination of life sentence - s13A Sentencing Act 1989 - purpose of - element of retrospectivity - significance of rehabilitation - relevance of Victims' Impact Statements

CRIMINAL LAW; jurisdiction of the Court of Criminal Appeal; Criminal Appeal Act 1912 s5F; STATUTORY INTERPRETATION; "interlocutory judgment or order"; Criminal Appeal Act 1912 s5F

Negligence; Damages; Injury caused at work; Adequate reasons; Procedural fairness; Expert evidence; Verdict against weight of evidence

Execution of Will; Grant of probate in solemn form; certain words excluded; rule in Browne v Dunn; procedural fairness; expert evidence; trial judge's reasoning; suspicious circumstances surrounding Will; remainder of Will valid

REAL PROPERTY — Caveats — Adequacy of description of unregistered second mortgage as "an equitable mortgage of the fee simple in the said land" — if deficient, whether cured by mandatory effect of s74L of the Real Property Act 1900 (NSW).

CORPORATIONS — Liquidator seeking extension of time to apply to the Court in respect of a voidable transaction of the Company — in some circumstances for good reason liquidator may have formed no view as to whether or not a preference and extension therefore may therefore still be justified — Appropriate orders in such a case.

Amendment to Judgment of 5 November 1999 to delete certain references to Shell's having had or breached fiduciary duties, on the basis that these matters were agreed not to be argued and were not argued.

DAMAGES - Damage to a load of pharmaceutical chemicals during international transportation - Limitation of liability pursuant to the Warsaw Convention - Whether requirements of Article 8(b), (c) and (e) of the Convention were complied with - Reduction of damages to amount far below actual loss caused ; CARRIERS - Carriage of goods - Duties and liabilities - Meaning of "carrier" in the Warsaw Convention - Treatment of a freight forwarder that contracts as a principal to effect international air carriage as a "first carrier" ; INTERNATIONAL LAW - International air carriage - Construction, interpretation and application of the Warsaw Convention - Proper approach of Australian courts to the interpretation of a multipartite treaty - Whether substance to be preferred over form

Application for witness to give evidence in the absence of the media

PRACTICE & PROCEDURE - civil trial - different causes of action from same set of circumstances - whether they should be heard together - trial by jury

CONTRACTS - existence of a contract - whether there was a contract between plaintiff and defendant - termination of contract - termination for breach of conditions - termination for anticipatory breach - whether at date of purported termination defendant unable to comply with contract - repudiation through wrongful termination - acceptance - cross-claim for damages - onus on cross-claimant to show ability to perform

Application for inspection of defendant's discovered documents

Application for permanent stay of proceedings

Judgment for the plaintiff in default of the filing of a Defence by the defendant within times specified.

Appointment of Strata Managing Agent - Same solicitor not to represent owners corporation and applicant lot owners

VENDOR AND PURCHASER - contract conditional on vendor obtaining development and subdivision approvals for adjoining land - vendor could terminate if development approval not "on terms and conditions acceptable to the vendor in all respects" - deferred approval granted subject to release of restriction as to user - restriction as to user burdened part only of adjoining land - vendor terminated - whether condition on development approval a term or condition within the power to terminate - whether not acceptable to the vendor - whether vendor had to terminate within a limited time.

Insurance - Insured's obligation of utmost good faith - Practice - Costs - Calderbank letters

See T2147 - admissibility - evidence going to proof of facts founding expert's opinion

STATUTORY INTERPRETATION - Crimes Act 1900 (NSW) s 353A(2) - 'Examination' - whether taking of physical measurements permitted

See T2152 - admissibility of evidence - post-publication reputation

Admissibility of evidence - good reputation - "relevant sector"

On admissibility of evidence - T2120.50 - reputation evidence

PRACTICE - Cross-examination by two Counsel - Principles applicable to inform discretion - Materiality of mode in which Commercial List is administered.

Use of Pseudonyms

CORPORATIONS [187] - Voluntary administration - Other matters - Termination of voluntary administration - Circumstances in which Court will terminate - Second voluntary administration commenced shortly before and in ignorance of validation of first voluntary admininstration.

Criminal law - case stated by District Court Judge for opinion of Court of Criminal Appeal - Crimes Act 1900 (NSW) s.232(a) - person "to be called as a witness" - principles applicable in defining such a person.

VICTIM’S COMPENSATION - Application for victim’s compensation - Claim of sexual abuse leading to post traumatic stress disorder ; ADMINISTRATIVE LAW - Whether errors of law on the face of the record - Whether failure to apply s3(3)(b) of the Victim’s Compensation Act 1987 - Whether failure to determine all questions of law pursuant to s77(1) of the District Court Act 1973

CRIMINAL LAW; particular offences ; reprisals against judges, witnesses, jurors etc ; whether a police officer is a "public justice official" ; meaning of "in connection with any judicial proceeding"; Crimes Act 1900 (NSW), s326(1)(c)

Family Provision. Application by children under Family Provision Act. Orders made in their favour. No matter of principle.

Criminal Law And Procedure - Manslaughter - Sentence

PRACTICE AND PROCEDURE - application for leave to proceed against third defendant pursuant to Pt10 r2A - claim for breach of warranty of authority - need to show a good arguable case or serious issue for court to assume jurisdiction under Pt10 r1A(i)(i) - no denial of authority as third defendant clearly acted as agent for first defendant - leave not given to proceed

Criminal law - sentencing - murder - maliciously inflict grievous bodily harm - plea of guilty

Criminal law - sentence - murder - spouse - no question of principle

PROCEDURE [31] - Courts and judges generally - Courts - Proceedings in open court or in camera - Publication of orders - Exception to general rule - Fact that party is sitting for examinations and does not wish press publicity not proper ground for non publication order.

Construction of "one-off" Agreement:; Mitzui Construction Co Limited v Attorney General of Hong Kong (1986) 33 Build LR 1; Antaios Cia Navierasa v Salen Rederierma AB [1986] 1 All ER 794; Hide & Skin Trading Pty Limited v Oceanic Meat Traders Limited (1990) 20 NSWLR 310 and Australian Broadcasting Commission v Australasian Performing Right Association Limited (1973) 129 CLR 99 at p.109.; Consideration of measure of damages for lost opportunity:; Malec v J.C. Hutton Pty Limited (1990) 169 CLR 638; Sellars v Adelaide Petroleum NL & Ors (1994) 179 CLR 332; Norris v Blake (No 2) (1997) 41 NSWLR 49, at p.67 and Tszyu v Fightvision Pty Limited & Anor (1990) NSWCA 323 (13 September 1999).

Contempt of Court

Defamation - pleadings - whether on the pleadings defendants may raise defence to alleged imputation that the words complained of should not be construed in their natural and ordinary meaning, but were trade terms.

Contempt of Court

EQUITY [76] [77] - General principles - Mistake - Equitable relief - Rectification - Generally - Pre-existing concluded oral contract or common intention sufficient - Nature of evidence required and onus of proof - Convincing proof required.

Criminal law - murder - self-defence - conceded cannot be rebutted - directed verdict - acquittal

NOTICE OF MOTION - application for extension of time to appeal - application that order of trial judge be stayed pending the determination of appeal or further order

NEGLIGENCE - independent contractor - bicycle courier - whether principal vicariously liable for negligence of contractor - non-delegable duty - held: no such duty

DAMAGES - Personal injuries - Whether the injuries for which damages were awarded stemmed from the original tort - Impact of later non-tortious injuries - Offsetting of workers compensation payments - Double compensation; WORKERS COMPENSATION - Relationship of damages claim to workers compensation award previously made against employer at time of tort and against later employer - Rule against double compensation - Application of s151Z of the Workers Compensation Act 1987 - Discussion of legislative scheme and common law principles

FAMILY PROVISION ACT 1982 - homosexual partners - whether elibigle person pursuant to s6 - whether partner was dependent upon deceased - whether awardt was so excessive as to demonstrate error

SOLICITOR & CLIENT - retainers - scope of retainer - existence of fiduciary duties where no retainer; SOLICITOR & CLIENT - fiduciary duties - alleged breach of duty - where former directors defrauded the company - solicitors alleged to have been knowingly involved - objective dishonesty - causation of loss

Negligence; Duty of care; Whether medical practitioner owes duty to sexual partner of practitioner's patient - Principles governing recognition of duty