Cases and authorities

Application for stay - No question of principle.

Applications for leave to appeal from an interim arbitral award refused: principles stated in Promenade Investments Pty Limited v State of New South Wales (1991) 26 NSWLR 203 applied; Application to remove Arbitrator or to set aside Interim Award on ground of misconduct refused.; Necessity to take into account all the facts when considering such a claim: State of New South Wales v Coya (Constructions) Pty Limited (Rolfe J - 4 July 1994 - unreported) applied.; Meaning of "misconduct": Commonwealth of Australia v Cockatoo Dockyard Pty Limited (1995) 36 NSWLR 662 at p.673 applied.

Succession [174] & [234]- Will- Construction- Absolute interest- Cut down by life estate- Presumption against intestacy- Indications that absolute interest to remain. Words & Phrases- "Equally"- "Revert"

Building Claims Tribunal - failure by Referee to rule as jurisdictional dispute - alleged irregularity re delivery of Referee's decision - whether denial of natural justice.

Practice and procedure - Application for stay of proceedings - Identifying exclusive jurisdiction clause selecting Courts of Casablanca - Discretion to order stay - Principles applicable - Once clause held to be 'exclusive jurisdiction' clause, forum non conveniens test inapplicable - Parties to be held to their bargain unless strong cause for not doing so is shown by applicant - Contract written in French - Laws of Morocco and civil, commercial and criminal code published in Arabic and French - Proper law of the contract - Presumption that where contracting parties have expressly chosen a foreign court for the determination of disputes under the contract, the proper law of the contract is the law of that foreign court.

Succession [212]- Condition of gift- Income to be used for maintenance support and benefit of disabled son- Whether son entitled to whole income- Extent of trustees' discretion to allocate income. Succession [234]- Will- Construction- Absolute gift- When cut down- Gift to disabled son for maintenance support and benefit

CRIMINAL PRACTICE & PROCEDURE; Propensity evidence; Admissibility of ERISP tapes

CRIMINAL PRACTICE & PROCEDURE; Application to lead evidence re custody of accused

CRIMINAL PRACTICE & PROCEDURE; Admissibility of Evidence; Impropriety - failure to warn

Family Provision. Application by widower. No matter of principle.

Application to stay execution of judgment - No question of principle

WORKERS COMPENSATION - diseases of gradual process - injury to eye - when date of injury deemed to have occurred - when date of incapacity deemed to have occurred - employment to the nature of which the disease was due

LIMITATION PERIOD - statement of claim filed out of time - extension not granted by trial Judge - whether in error - no such error

Courts - jurisdiction - cross-vesting of jurisdiction - application for removal of proceedings before Industrial Relations Commission to Supreme Court - jurisdiction of Supreme Court in those proceedings - factors relevant to Supreme Court's discretion to remove proceedings

Criminal law and procedure; sentencing; determination of life sentence

Application for stay.

STATED CASE - from Magistrate - appeal to Supreme Court - second hand car - misrepresentation - reliance by document - knowledge of opponent - whether error of applicable principle or misapplication of principle - no such error

Costs - no matter of principle

APPEAL - application to amend grounds refused - case might have been conducted differently below

District Court - car stolen - insurance policy - refusal of insurer to indemnify the insured - whether insured was fraudulent in failing to disclose his poor driving record - insured's duty of disclosure under s 21 Insurance Contracts Act 1984 (Cth) - insurer's duty under s 22 to clearly inform the insured of the nature and effect of the duty of disclosure - onus of proof that insurer so informed the insured of the duty of disclosure

Cross-vesting - accident in South Australia - action in New South Wales - relevant considerations

INJUNCTION - Ex parte application - Necessity for full disclosure - INJUNCTION - Discretion - Industrial dispute - Criminal & Tortious conduct - Concurrent application to Industrial Relations Commission in respect of industrial action - WORDS & PHRASES - Industrial action - Picketing.

Supreme Court Act 1970 ss 76E, 76F, 76G; interim damages; brain damage; accommodation; house and land; extent of care

APPEAL - Appeal as of right against judgment of Dust Diseases Tribunal - New evidence - Error of fact or law by trial judge - Discretion to amend or rescind orders earlier made - Dust Diseases Tribunal Act 1989, s13(6) - Apportionment of damages amongst defendants - Judgment sum to represent proper compensation for injury suffered at the hands of all defendants concurrently ; JUDGMENTS AND ORDERS - Satisfaction - Agreement on undisclosed terms by one defendant to pay sum in return for discontinuance does not in itself satisfy judgment against another defendant

Estoppel by representation; actual notice; constructive notice; consideration of order for removal of encroachment of building; "adjacent owner".

Certiorari and mandamus; error of law; failure to give adequate reasons; failure to accord procedural fairness; professional misconduct of pharmacist; weight to be accorded to the decision of the Pharmacy Board by District Court; nature of appeal to District Court

Strike out paragraph of statement of claim; Directions

Statement of claim be struck out;; Default judgment be entered;; Stay of proceedings;; Amend statement of claim

Filing of amended statement of claim

Contracts [1]-Contract implied from conduct- Lease- Solicitor prepares draft lease as both parties intend- No contract until document signed and exchanged. Landlord & Tenant [11]- Creations of lease- Parties intending formal lease- In circumstances no lease until formal documents exchanged

CRIMINAL PRACTICE & PROCEDURE; Discretion - s137 Evidence Act, 1995

Set aside default judgment

Criminal law - sexual offences by stepfather against stepson - three offences charged - evidence given of five occasions when offences committed - whether relationship evidence or tendency evidence - purpose to be made clear by the Crown and directions given by trial judge accordingly.

CRIMINAL LAW: Sentencing; buggery; s 79 Crimes Act 1900; assault with intent to commit buggery; s 80 Crimes Act 1900; indecent assault; s 61E(1), ss 61L and 81 Crimes Act 1900; effect on sentence of repeal of offences to which guilty plea made; ss 55(2) and 30 Interpretation Act 1987; other offences taken into account on buggery charge; s 22(1) Criminal Procedure Act 1986; Loss of Vocation; parity of sentence with non co-offender

Criminal Law - appeal - fresh evidence - whether evidence cogent

Assessment of Damages where the defendant admitted liability for negligence; Held, in the particular circumstances, the plaintiff had acted as it would, if there had been no negligence; Held not a case in which it is appropriate to apply the test for damages in Armory v Delamiri [1722] 1 Stra 505; Houghton & Anor v Immer (No 155) Pty Limited & Anor (1997) 44 NSWLR 46 considered

Succession [202]- Wills- Construction- Gift over if trust fails- Whether a residuary gift

Contracts Review Act - proper law of contract guarantors - duty of disclosure of creditor to intending guarantor - unconscionable transactions - solicitor and client - extent of solicitor's obligation outside retainer - certificate of witness by solicitor - duty of solicitor to credit provider

INJUNCTION - Interlocutory - Industrial Dispute - Activity of Picketers.

Justices Act - information invalid - dismissal of proceedings - order for costs

CRIMINAL LAW - Sentence - Two charges - Break enter and steal; break enter and steal with circumstances of aggravation - Weight to be given to various factors: plea of guilty and assistance to authorities - Subjective factors - Whether custodial sentence should be imposed where prisoner has demonstrated full rehabilitation.

Equity - account - employer/employee - abscence allegations of wrongdoing, breach of express term of contract, equitable duty; - allegation breach implied term abandoned.

Equity [341]- Injunctions- Mareva type- Creditors' bill- Difficulty in obtaining execution at law- Equitable remedy available. Procedure [521]- Execution- Equitable remedies available to assist execution creditor

Practice. Whether whole defence or merely parts of the defence should be struck out. Held following Trade Practices Commission v David Jones Aust Pty Ltd 7 FC 109 at 115 and Turner v The Bulletin Newspaper Co Pty Ltd (1974) 131 CLR 69 at 94 that the whole of the defence should be struck out.; Equity. General principles. Defences to claims of disclosure of confidential information. Nature of public interest defence discussed. Whether it is arguable that the English approach to this defence may be followed in Australia.