Cases and authorities

Admissibility of evidence - ss 65, 72 and 137 Evidence Act 1995 (NSW)

Summary judgment; Res Judicata; Estoppel by convention; Waiver; Proceedings in Local Court; Abandonment of excess; Cross-claim in Local Court; Proceedings in Local Court compromised by deed and consent orders; Effect of deed; Dismissal of cross-claim in Local Court; Whether such dismissal constitutes a judgment of the Local Court; Plea in bar.

LEAVE TO APPEAL - late filing of notice of appeal with appointment - claim under $25,000 - leave to appeal not granted as no appealable error in trial Judge's judgment

DAMAGES - no question of principle.

Damages; assault causing physical injury; episodic depression; extent of incapacity

CORPORATIONS LAW — Voting at creditors’ meetings under Regulation 5.6.21 — Casting vote by administrator.

Extension of time to commence proceedings, s 60G and s 60I Limitation Act - Voyager/Melbourne

Practice and procedure - Application to strike out proceedings for failure to prosecute - Substantial non compliance by Plaintiff with directions - Breaches of undertakings given to the Court as part of security for costs regime - Construction list established to provide prompt and export resolution of construction matters - Obligation to adhere to interlocutory directions - Court in considering consequence of non compliance with directions takes into account not only the interests of individual litigants but also the Court lists and the general desirability of efficiency in the conduct of litigation - Security for costs - Principles - Order for security by Bank Guarantee

NEGLIGENCE - causation - riding chairlift - whether warning to lift legs would have prevented accident - whether stopping chairlift before getting on would have prevented accident - on facts, no.

NEGLIGENCE - fall from ladder - whether ladder slipped - whether treads dangerously slippery - decision on facts.

APPLICATION FOR LEAVE TO APPEAL;; DISCRIMINATION - ground of race - remedies - damages - economic loss - whether claimant was to have her employment lawfully terminated

Workers compensation; whether injury suffered in course of employment

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

EQUITY - Fiduciary obligations - employer and employee relationship - breach of contract of employment - improper use of confidential material - account of profits - limit to liability

Murder - defence of mental illness - Law Reform - Bail Act 1978 - Mental Health (Criminal Procedure) Act 1990

Restitution; defences; change of position; foregoing of benefit (failure to apply for social security)

Family Law [108]- Children- Wardship- Types of wardship- When custodial wardship appropriate prior to adoption application. Family Law [120]- Children- Unsuccessful application for wardship- Costs. Family Law [133]- Children- Adoption- Mother requesting no Muslim adopt her child- Grandmother applicant a Muslim- Significance of keeping child within her biological family.

EVIDENCE - confessional evidence - the unfairness discretion - infringement of right to silence - limitations on police inquisitorial functions - Judges' Rules - when the "accusatory stage" of police investigations is reached.

EVIDENCE - proof of contents of a document by tendering a summary or extract and by oral evidence by a witness who saw the document - use by a witness of a document made by another person to revive memory.

Workers Compensaton Act - death before action commenced - statutory interpretation of "Vests" and "Accrues".

Witness Statements - Claim for confidentiality such that they not be disclosed to certain parties - Rights of Parties - Purpose of Witness Statements.; Warner-Lambert Co v Glaxo Laboratories Limited [1975] RPC 354; Magellan Petroleum Australia Limited v Sagasco Amadeus Pty Limited [1994] 2 QdR 37; Ex parte Fielder Gillespie Limited [1984] 2 QdR 339 at p.341; Hadid v Lenfest Communications Inc & Ors (1996) 70 FLR 403 considered.

Associations [46]- Incorporated association- Registration as company- No change of indentity. Charities [24]- Cy-pres scheme- Order not yet taken out- Application for additional charities to participate- Principles- Application refused with costs. Corporations [42]- Registration of association incorporated under Associations Incorporation Act as a company- No change of identity.

Criminal law and procedure - Evidence Act Pt3.10 Div1B - sexual assault communications privilege - whether applies to production of documents on subpoena, directly or derivatively - interpretation of Statutes - analogical or derivative application of Statutes - Public Interest Immunity.

Criminal Law - public interest immunity - confidential police informer - test to be applied; Criminal Law - public interest immunity - confidential police informer - claim for immunity refused by order of trial judge - whether order warranted

Multiple sexual offences; Crown appeal against sentence; conviction when serving sentences for other offences; principle of totality; need to identify circumstances of each offence

Assessment of damages; High income earner; Economic loss

CONVEYANCING Torrens System - Caveats - Extension of caveat pursuant to s74K of Real Property Act 1900 - suspicions that wife as joint tenant involved in murder of husband - no sufficient interest for extension of caveat

Trespass (Criminal); Lawful excuse; Right of peaceful protest

CORPORATIONS — Statutory Demand — Fulfilment of conditions precedent affecting whether debt released — Genuine dispute — Waiver of fulfilment of condition or conventional estoppel precludes reliance on non-fulfilment — Requirements for waiver — Need for unambiguity and precision as to shared assumption for conventional estoppel — waiver clauses requiring writing distinguished from variation clauses — Extent to which a question of law can be resolved when contesting a statutory demand.

CORPORATIONS — Ex parte application to restrain breach of s600 of Corporations Law by defendant managing a company who had been a director of more than one liquidated company paying less than 50 cents in the dollar — Extent of enquiry by court — Relevant considerations in granting injunction — Should injunction be operative immediately.

CONVEYANCING - LAND TITLES UNDER THE TORRENS SYSTEM - Caveats - extension of caveat - Plaintiff claims lien over property - purchase money not paid to vendor - money misappropriated by solicitor

Criminal law and Procedure. Juvenile. Jurisdiction of Children's Court. Ex Parte hearing and proceed to conviction. Application to annul convictions where accused not aware of adjourned date. Abuse of process.

Succession [48]- Informal will- Draft prepared after instructions from testatrix's daughter conveyed to solicitor- Testatrix content with altered draft- Final document then typed- Never seen by testatrix- Probate refused

No statement of principle.

CORPORATIONS — Reinstatement — Validation of payments — "person aggrieved" for standing purpose.

Sentencing - murder (1); malicious wounding with intent to cause grievous bodily harm (1); maliciously inflict grievous bodily harm with intent to cause grievous bodily harm (2).

CRIMINAL LAW AND PROCEDURE; sentencing; appeal against severity; sentences 'manifestly excessive'

CRIMINAL LAW; Practice & Procedure; Duplicity; sexual offences; whether necessary to charge each act of sexual intercourse

ENVIRONMENTAL PLANNING - whether use of land prohibited - statutory interpretation - zoning tables - whether references to provisions in Local Government Act 1919 correspond with provisions in Local Government Act 1993

Negligence - damages - quantum - evidence - credibility of witnesses - findings cannot be reversed unless manifestly unreasonable.

COMPANIES - disposal notice - whether validly made; PRACTICE & PROCEDURE - late filing of submissions - whether counsel should have costs of preparation of submissions

NEGLIGENCE - co-tortfeasors - apportionment of liability - whether unreasonable or plainly unjust; CONTRACT - implied term - breach - measure of damage - application of s5 (1) of Law Reform (Miscellaneous Provisions) Act 1946 - remoteness of damage; PRACTICE & PROCEDURE - costs - Bullock order

CRIMINAL LAW AND PROCEDURE; sentencing; appeal against severity; sentence 'manifestly excessive'; CRIMINAL LAW; supply of not less than commercial quantity of prohibited drug (Drug Misuse and Trafficking Act 1985 (NSW) s 25(2)); assessment of degree of involvement