Cases and authorities

Allegation of single criminal enterprise covering a number of offences permissible - Directions as to what constitutes an enterprise

Imputations - form - publication - particularisation

Amendment of pleadings - costs - issues as to translation of publication in a foreign language

Transfer to District Court

Imputations - capacity - form - difference in substance - absolute privilege - quasi-judicial tribunal - Thoroughbred Racing Board

Absolute privilege - statements to ALP Caucus - statements outside Parliament - adoption of speech in Parliament - tendering Hansard "as a matter of history" - application for permanent stay

Imputations - capacity - form

Applications to dismiss actions for want of prosecution

On defendant's Notice of Motion seeking lists of plaintiff's witnesses

Negligence; Vicarious Liability

Assessment of costs - Legal Profession Act 1987 - appeal under s 208L; Costs of appeal under s 208L assessment of costs

District Court appeal from Local Court after criminal conviction ; Reading of depositions of witnesses not able to be produced; Stated case procedure from District Court

Limit of court power; unfulfilled expectations of deceased; competing needs of infant beneficiary

On Plaintiff's Notice of Motion re "structure" of trial

Family Provision. Application under Family Provision Act by a daughter who had been abandoned by deceased as a young child. No matter of principle. Order made in favour of the plaintiff.

Family Provision. Application by a former wife who had no property settlement with the deceased. Discussion of factors warranting the making of the application. Modest legacy awarded.

Summary judgment; strike out statement of claim; termination of employment

Deemed supply of methylamphetamine; strong subjective features; sentence not excessive

Sentencing; no value placed on assistance by sentencing judge; valuable assistance; special circumstances; sentence excessive

Sentencing; value of assistance to Authorities not indicated; irrelevant matters taken into consideration; matters relied on by judge from his own knowledge not put to offender

Amendment of defence - discretion

EQUITY - deed of equitable mortgage - floating charge - default - appointment of receiver under charge - whether appointment invalid because receiver was appointed as agent of mortgagor- appointment valid

NEGLIGENCE - motor vehicle accident - unidentified motor vehicle - appeal on liability - whether failure of defence of fraud meant that plaintiffs' case succeeded; PRACTICE & PROCEDURE - District Court - whether application for leave to appeall was out of time - where no judgment or order on liability given

lack of contact; significance of ralationship; relevant circumstances under s 9(3)(d) scant evidence as to needs

Personal injury - Liability; Cross Claims; Damages

Costs; lengthy and complicated proceedings; claims and cross-claims, indemnity costs; Calderbank offer; whether costs should follow the event or be awarded having regard to result of individual issues; interest on costs; should order for interest be made before costs assessed by Assessor; Sanderson or Bullock orders.

Insurance - Boat Policy - material non-disclosure - extended dryland slipping of pleasure vessel for repair & renovation - knowledge of insurer - Insurance Contracts Act 1984 (Cth), s.21(2)(c).

CONTRACT - Contract As To Manufacture and Distribution of Product Came Into Existence - Contract Not Void for Uncertainty; TRADE PRACTICES ACT 1974 - Defendant Not Guilty of Misleading Conduct - Plaintiffs Did Not Rely Upon and Were Not Misled by Defendant; TORT - Wrongfully Inducing Breach of Contract - Plaintiffs and Third Party (Cross-Defendant) Guilty of Wrongfully Inducing Breach of Contract - Injunctions Restraining Plaintiffs and Third Party (Cross-Defendant) from Acting Pursuant To or In Furtherance of Contract Entered Into In Course of Wrongful Conduct

defraud Commonwealth; multiple offences; prior convictions ; sentence excessive

CRIMINAL LAW - sexual assault - whether verdict unreasonable - directions on recklessness as to consent and complaint - whether warning about complainant's evidence required

CRIMINAL LAW - sentence - supply of large commercial quantity of heroin - applicant highly placed in drug supply network - life sentence - ss33(3)(a), 33A(1) Drug Misuse and Trafficking Act 1985

CRIMINAL LAW; Practice and Procedure; Appeal against severity of sentence; Non-parole period under Commonwealth law

disingenous marriage to gain residency; sentence manifestly excessive; absence of remiss not adequately considered in sentencing

Criminal Law and Procedure - Commonwealth offences - sentencing - possession of prohibited imports - possession of moneys reasonably suspected of being proceeds of crime - relationship of non-parole period to head sentence.

Criminal law and procedure - Commonwealth offences - sentencing - Migration Act

possess heroin; sentence excessive; no due consideration to appellants circumstances

Corporations Law. Application to set aside statutory demand. No matter of principle.

CRIMINAL LAW - Sentence - Co-offenders convicted of murder - Sentencing rationale and principles to be applied - Measure of criminal responsibility of each offender - Circumstances of killing in remote rural area and with a firearm - Subjective factors - Existence of special circumstances - Effect of one prisoner labelled an "informer" on mitigation of sentence.

Practice and Procedure - summary judgment - application to set aside - want of credible evidence in support of application - application dismissed.

Corporations - Winding Up - Statutory Demand based on judgment debt - Appeal but no stay - Whether application to set aside demand should be adjourned.; Procedure - Courts - Whether stay of judgment by Federal Court interferes with winding up proceedings in Supreme Court.

Transfer to District Court

Consent application, pursuant to Part 31 rule 2, to have issue of liability heard separately and in advance of the issue of damages refused.; Reasons why, in the general run of cases, such applications should, in the exercise of discretion, be refused, explained.; Australian National Industries Limited v Spedley Securities Limited (in liq) (1992) 26 NSWLR considered.

Criminal Law And Procedure - Evidence - Recognition By View Of Security Camera Photographs - Content Of Counsel's Address - Legitimate Criticism Of Practised Witnesses - Directions To Jury Concerning Interview With Police And Failure Of Accused To Give Evidence

CRIMINAL LAW - Appeal against conviction - application for leave to appeal against sentence - no question of principle

CRIMINAL LAW - robbery - conviction - appeal on ground of wrongful admission of evidence - no error of law in admitting evidence; EVIDENCE - identification of accused by police officers from still pictures - whether opinion evidence - not opinion evidence but direct evidence that person in picture was the accused

NEGLIGENCE - gynaecologist - sterilization by tubal ligation - subsequent pregnancy - challenge to trial Judge's findings - whether tubal ligation carried out correctly - whether pregnancy the result of spontaneous reanastomosis - whether negligence in failing to arrange histological examination - whether failure to advise patient about procedure or risk of failure