Cases and authorities

Costs; offer of compromise; whether offer in accordance with Part 19A of the District Court Rules.

Transfer of title - undue influence - unconscionable conduct

Costs; culpability for error involving use of net figures rather than gross figures; application to correct error under slip rule.

Personal injury; motor vehicle accident; injuries obscured by subsequent events; inappropriate use of acceptance of respondent's credit ; retrial ordered.

Real Property [411]; Easements; Right of way in basement; Ancillary right to have it lit; Disability of servient owner to decrease lighting

Mental Health [3]; Interim order for manager; Alleged incapable person; Jurisdiction considered; Matters to be established

Corporations - companies - winding up - director's liability for insolvent trading - action by liquidator for recovery - ingredients of liability - defence of reasonable grounds to expect solvency - defence of not taking part in management of company for 'some other good reason'

Declaration; Justices Act 1902; impending trial; ground justifying intervention not shown; refused

Mortgagor and mortgagee - Mortgagee exercising power of sale - Receiver appointed - Controllers duties in exercising powers of sale - Sale of real property and livestock - What is 'market value' in a mortgagees power of sale - Companies - Receivers and managers - Duties and obligations of controllers - Duties and responsibilities to company - Corporations Law s420A imposes a higher standard of duty to that previously in place on a controller when selling property of a corporation - Whether, and to what extent, a receiver may defer to the advice of an expert in valuing and marketing property for sale - Failure of the receiver to value the property at the market price - Failure of the receiver to appropriately advertise and market the sale of the property - Failure to stimulate competition - Failure of the receiver to approach the correct market for the sale of the property - Subsequent failure of the receiver to realise the market value of the property.

Criminal law and procedure - Sentence - Break enter and steal - "Ram raid" - Significant prior record - 2 years penal servitude (one year minimum term) markedly lenient

Criminal law - sentence appeal against severity; Supplying prohibited drug (cannabis).; Sentencing discretion in particular circumstances.; Matter could have been dealt with in Local Court.

Criminal law - sentence appeal against severity; One count of armed robbery; Obtain benefit by deception; Goods in custody; break, enter & steal; Assault; Breach of recognisance; Steal articles in course of post on a schedule. Drug addiction (heroin). Special circumstances. Quasi custody not restricted to Odyssey House.

Criminal law and procedure - Sentence - Medical practitioner passing valueless cheques seeking to keep commercial venture afloat - Periodic detention

CRIMINAL LAW AND PROCEDURE ; Stay of proceedings (prejudice caused by loss of evidence); Appeal against refusal of stay (Criminal Appeal Act 1912 (NSW) s 5F)

Application to dismiss appeal for non payment of interlocutory costs - impecunious appellants

Workers Compensation Act, ss151AB & 151AC - "designated insurer" appointed by consent - application by other insurers to intervene to cross examine plaintiff on issues solely relevant to dispute among insurers - leave refused by Dust Diseases Tribunal - leave to appeal refused.

DAMAGES - back injury - general damages but no damages for economic loss - no loss of earning capacity - errors in preference in medical evidence and finding of recovery - alternatively, lost earning capacity would not have been exercised - error in wholly excluding financial loss - reassessment required.

PRACTICE AND PROCEDURE - Summary dismissal - Principles applicable - When inappropriate

CONTRACT - sale of business - offer and acceptance by faxes - entity to conduct business not decided - whether concluded agreement with person making offer - whether later novation or abandonment in favour of fresh agreement with company which in fact conducted business; CONTRACT - sale of business - purchaser to take over lease and cause release of guarantors - did not - guarantor had to pay - guarantor not party to contract - whether promise held by vendor on trust for guarantor - whether guarantor entitled to judgment against purchaser.

DAMAGES - Compensation to Relatives Act 1897 - Dependants’ action - Award of damages for past and future care - Law Reform (Marital Consortium) Act 1984 - Construction of this Act - Application of Griffiths v Kerkemeyer principle - Apportionment of damages award; DAMAGES - Amount of general damages for nervous shock - Future loss of earning capacity

De Facto relationship; Application for orders adjusting interests with respect to property; Whether the parties lived in a de facto relationship for not less than two years; Dispute as to date of termination of relationship; Credit to be given to the testimony of each party; Parties lived in residences of the defendant; Respective contributions of the parties; Whether proceedings were brought within prescribed period; If not, whether leave should be granted to bring application.

Administrative Law - Arbitration - Leave to appeal against interim Award - Motion to set aside parts of Award - Alleged legal and/or technical misconduct by arbitrator said to have mistaken the evidence; to have found facts that had not been put to a witness; to have delayed the handing down of the award and to have misconducted the proceedings - Whether manifest error of law on the face of the award - Meaning of 'manifest' - Prejudice - Alleged lack of confidence in the arbitrator - Consideration of application of rule in Browne v Dunn (1894) 6R 67 at 70 - Commercial Arbitration Act 1984 (NSW) ss 38,42,43,44.

Interrogatories

Criminal Law - sentencing - affray; Criminal Law - sentencing - breach of Community Service Order

EQUITY — Right of first refusal or pre-emption to tenant under lease — Right fructifies — Option then granted to third party or nominee on constructive or actual notice of right — Does tenant’s right of pre-emption as either a mere equity or as an equitable interest prevail over nominee at least on a prima facie basis to maintain injunction — Is the fructified right then still a mere equity or has it become an equitable interest in property — Unconscionable for holder of option on notice of right of pre-emption to prevail — Specific performance versus damages as an adequate remedy

Local Court - Stated Case - (Local Courts (Civil Claims) Act 1970 (NSW) s 69(2); Strata Titles - common property; Negligence - proceedings inappropriately commenced on advice of solicitors

Administrative law - Arbitration - Application to set aside Award pursuant to section 42 of Commercial Arbitration Act 1984(NSW) - Alleged misconduct of arbitrator in having reached conclusions in respect of matters said not to have been the subject of any claim or submission - Leave to appeal against Interim Award in respect of questions of law said to arise out of the Award - Whether manifest error of law on the face of the Award - Discretion to refuse leave - Whether strong evidence that arbitrator made errors of law and whether determindation of the questions of law may add or be likely to add substantially to the certainty of commercial law.

Practice and procedure - Proceedings fixed for hearing - Claimed entitlement of defendant to put into issue matters said to have been determined previously between the parties - Appropriate to leave those questions for determination by the trial judge on motion for leave to amend pleadings

Application for leave to commence proceedings - s84 Supreme Court Act 1970 (NSW): requirement that Court be satisfied proposed proceedings are not an abuse of process and have prima facie ground.

Limitation of Actions - Tort - action against solicitor for professional negligence - whether statute-barred - when cause of action first accrued.

Negligence - motor vehicle accident - identity of driver in dispute - alleged inconsistencies of statements to police not in evidence - no evidence as to signature on witness statement - transcript of evidence in Local Court not in evidence below.

CONSTITUTIONAL LAW; Parliament (NSW); Legislative Council; powers; non-compliance by Member of Legislative Council with order for production; suspension of Member from service of the Council; forcible removal of Member from the House; claim of trespass to person; justification; lawful authority; whether Council can require production of privileged documents; CONSTITUTIONAL LAW; responsible government; nature and operation of; collective ministerial responsibility of Cabinet; "reasonably necessary" for the performance of Council's constitutional functions; Cabinet documents; immunity from production; claim of public interest immunity; legal professional privilege; nature of privileges considered; CONSTITUTIONAL LAW; Judiciary; powers; claim of public interest immunity in respect of Cabinet documents; balancing process; whether a constitutional function of the judiciary

Negligence - motor vehicle accident - finding below inconsistent with facts incontrovertibly established by objective evidence.

Guarantee and Indemnity - Effect of guarantee - Subrogation - Discussion of principles - Ongoing liability - Whether subrogation to guarantor in absence of complete payment.

CRIMINAL LAW; Practice & Procedure; Application pursuant to s474 of the Crimes Act 1900; Review of Conviction

Separate Questions: General undesirability of separate questions re-stated.

Summons by plaintiffs to enforce an arbitral award made in Sweden.; Application by the defendants for an adjournment of the proceedings, because of the institution of proceedings before a competent authority in Sweden to set aside the award pursuant to s.8(8) of the International Arbitration Act 1974.; Held the factual matters necessary to found the stay and for the exercise of discretion not made out, and that no evidence of a prima facie case.; Held no basis to grant a stay because Stamp Duty not paid on the agreement sued on.; Held that no limitation point under s.20 of the Limitation Act 1969 was available: Brali v Hyundai Corporation (1988) 15 NSWLR 734 noted.

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

DEFAMATION - Defence of Comment - Damages.

Appeal against severity of sentence; Possessing a shortened firearm; Possessing an unregistered firearm; Concurrent sentences for shoplifting & larceny; Long criminal record; Long history of drug abuse including addiction to heroin; Prospects of rehabilitation poor; Relevance of the fact that the matter could have been dealt with in Local Court

Appeal against severity of sentence; Robbery with an offensive weapon; Rehabilitation prospects were high; Special circumstances; Chronic ongoing nocturnal enuresis

Criminal Law and Procedure - Assault with intent to rob whilst armed - Sentence

Criminal Law and Procedure - Dangerous driving causing grievous bodily harm - Blood alcohol concentration 0.263% - Two victims - Sentence

CRIMINAL LAW - verdict of acquittal by direction - joint criminal enterprise - common purpose - departure from common design.