Cases and authorities

Construction of a lease in which the permitted use clause contains the word "including"; Whether the permitted use clause is for a single conglomerate business or for separate businesses; Whether lessor in breach of covenant not to lease premises in same Shopping Centre for permitted use.

Family Provision. Application by widow.; Consideration of widows' claims and the size of the estate led to the whole estate being given to the widow absolutely.

Equity [325]- Injunctions- Statement by defendants that they do not intend to do act- Consequences grave if act done- Injunction granted.

CRIMINAL LAW; importing a trafficable quantity of prohibited imports; ecstasy; application for leave to appeal out of time granted; application to appeal against sentence granted; appeal dismissed.

Failure to appreciate nature of charge; withdrawl of plea;; conflict of interest by interpreter

Criminal Law and Procedure: Crown Appeal against sentence; social security fraud, exceptional case due to ill health, disabilities and age.

SECURITY FOR COSTS - against third party - not a party to proceedings - man of straw - sufficient interest and active role in litigation

LEAVE TO APPEAL - where claimant company is no longer trading - leave to appeal not granted

Use or operation of a motor vehicle; Duty of care; Negligence; Liability

Courts- jurisdiction - cross-vesting of jurisdiction - application for removal of proceedings before Industrial Relations Commission to Supreme Court - whether conciliation should occur before removal

Decision and order of referee of a consumer claims tribunal quashed for failure to give a ruling after jurisdiction of tribunal disputed - whether plaintiff entitled to order for costs against the referee.

Courts - jurisdiction - jurisdiction of Federal Court of Australia in State matter - orders under Federal Courts (State Jurisdiction) Act 1999 (NSW) - criteria for orders

Corporations [305]- ASIC- Right to injunction- Scope of statutory power

CRIMINAL LAW; murder; appeal against conviction; verdict; whether unsafe and unsatisfactory; CRIMINAL LAW & PROCEDURE; application for discharge of jury; inadvertent and potentially prejudicial event ; (material before jury not admitted into evidence); whether direction overcame prejudice; EVIDENCE; hearsay rule; exceptions; evidence of previous representation admitted because relevant for a purpose other than proof of the fact intended to be asserted by the representation; (Evidence Act 1995 (NSW) s60); relevance ; whether 'purpose' to be ascertained subjectively or objectively; EVIDENCE; hearsay; exceptions; criminal proceedings where maker available; (Evidence Act 1995 (NSW) s66); 'fresh in the memory'

CRIMINAL LAW; Evidence; Directions; Unreliable evidence Evidence Act 1995 s165(c); Use to which evidence may be put; Disregarding judge's opinion of facts unless it accords with that of juror; CRIMINAL LAW; Verdict unsafe and unsatisfactory

CRIMINAL LAW; Appeal againt conviction; Indecent assault; decision in R v Jones (1997) 191 CLR 439 applied; conviction unsafe and unsatisfactory; no departure from principle in R v Murphy (1985) 4 NSWLR 42 as to directions given by trial judge about character; convictions quashed.

Appeal from Council's refusal to grant Development Application for Subdivision - land in more than one zone - interpretation of LEP clause - where clause held not to apply, it cannot be complied with for purposes of application to subsequent clause.

SUMMONS - certiorari - remittance of proceedings to Local Court

Motor vehicle accident - definition of "public road".

Practice and Procedure - amendment of pleadings - amendment of statement of claim on 29th day of 31 days of hearing - amendment to join third party as defendant - third party already settled against fourth party - discretionary interlocutory judgment below - order below manifestly unreasonable - discretion miscarried - prejudice to claimant considerations of actual injustice and possibility of injustice.

Application for declaratory order; insurance policy; meaning of employee; babysitter; nature of control; other relevant factors

CRIMINAL LAW; manslaughter; sentencing

Determination of life sentence - s 13A Sentencing Act 1989

CRIMINAL LAW; maliciously inflicting grievous bodily harm; (principal in the second degree); sentencing

Family Law. Application under the Defacto Relationships Act for adjustment of property interests. Whether contributions made by a party prior to the commencement of the relationship can be taken into account. ; ; Held that such contributions cannot be taken into account.

Workers compensation - opposing medical views - no error of law

Damages for personal injury; sustained during employment; assessment of past and future economic loss; medical evidence

Equity [325]- Injunction- Plaintiff in breach of undertaking to court- Injunction denied. Estoppel [35]- Estoppel in face of a statute- Farm Debt Mediation Act- Act means to estoppel or res judicata can have effect. Landlord & Tenant [77]- Termination- Farm debt- No estoppel or res judicata may outflank right to mediation. Procedure [748]- Declaration- Whether equitable remedy- Discretion. Words & Phrases- "Seeks".

CRIMINAL PRACTICE & PROCEDURE; Withdrawal of exhibit

Conveyancing [59]- Time- Whether of essence- Commercial contract concerning investing in hotel. Words & Phrases- "Find an investor"

Damages; Negligence; Property valuation for the purpose of loan; Failure to take into account Council order under s 310(b) of the Local Government Act 1919 (NSW)

CRIMINAL LAW; armed robbery; sentence not manifestly excessive; no error by sentencing Judge; leave to appeal granted; appeal dismissed

CRIMINAL LAW; Arson; fraudulent insurance claim; sentence not manifestly excessive in the circumstances; caution adopted in regard to use of judicial commission statistics; no error by sentencing Judge; leave to appeal granted; appeal dismissed.

Motor vehicle accident; contributory negligence; reasonable evasive action.

S151 (1)(d) Workers Compensation Act 1987; steps required of a trial judge; (1) determnine common law damages which would have been recovered if sued for; (2) determine amount of compensation paid; (3) deduct (2) from (1)

Succession [13]- Will- Formation- Knowledge and approval- Will made in Malaysia- Testatrix illiterate in English- Attesting witnesses having no memory of execution- Errors in description in will- Whether suspicious circumstances- Whether presumption of due execution applies; Succession [84]- Public Trustee- Application for administration cta- Rights of executor

Family Provision. Plaintiff's wife a spendthrift who has previously forged plaintiff's signature on documents to obtain moneys due to plaintiff. Whether the court should enforce conditions on any order in favour of the plaintiff. Held that if it is possible to frame an order that will reduce the possibility of the wife obtaining access to funds that should be done.

Corporation - company - provisional liquidation - voluntary administration - directions to provisional liquidator and administration as to maintenance of legal proceedings - interlocutory relief over Australian assets - appropriateness of undertakings as to damages and acknowledgments as to surplus collateral

Sentencing; murder; existing life sentence; application for determination of minimum term and additional term; Sentencing Act, s 13 A

Corporations [33]- Internal dispute- Oppression- Home unit company- Remedy- Who should buy out whom- How shares valued- No element of compensation may be added- How capital gains tax dealt with. Valuation [24]- Shares- Home unit company- Whether capital gains tax relevant