Cases and authorities

Criminal law - sentence appeal against severity; 1 count robbery in company; Driving stolen motor vehicle ; On a schedule breach of community service order; Addiction (heroin).

Discovery - aircraft crash

CORPORATIONS — Extension of time to register a charge under s262 of the Corporations Law — Relevant considerations where corporation goes into administration and then liquidation — No invariable rule that dispensation should be precluded.

Practice and Procedure - effect of Court of Appeal judgement entered and taken out - application by way of notice of motion to have judgment set aside for illegaility.

Proceedings be set aside - s 81 SCA

Stated Case - Inclosed Lands - Licensee in Possession - s4(1) Inclosed Protection Act - "of any other person" includes licensee in occupation

De facto relationship for period less than 2 years. Consideration of matters to be taken into account on adjustment of interests in property

Criminal Law and Procedure - Sentence - Acting as language translator in discussion by others of narcotics dealing - Exceptional circumstances of family hardship - Sudden death of person caring for children while appellant in custody - Significant proportion of custodial element of sentence served before release on bail pending appeal

Criminal Court - sentence appeal against severity; Indecent assault on a male; Homosexual intercourse with a male; Gross indecency towards a male under the age of 18 years; Sexual assault paedophilia; Alleged failure to find special circumstances.

Criminal Law and Procedure - Sentence - Robbery in company

CRIMINAL LAW; Sexual assault; Appeal against conviction; Admissibility of evidence of complaint (Evidence Act 1995 (NSW) s.108(3)); Delay in making complaint; Summing-Up - Adequacy (Crimes Act 1900 (NSW) s.405AA); Indictment - time essential

Notice of Motion - request for stay by appellant - lack of proof.

Corporation - company - voluntary winding up - stay of civil proceedings - no stay of proceedings in a foreign court.

Strike out defence; Summary judgment

APPEAL AND NEW TRIAL [107] - Practice and procedure - New South Wales - Stay of proceedings - Subject matter likely to be destroyed - Special circumstances.

Corporation - company - winding up by court - liquidator's power to appoint administrator - application by liquidator for leave to appoint himself as administrator - relevant considerations

Criminal Law and Procedure - Life Sentence Redetermination

Assessment of damages consequent on motor vehicle accident; Causation credibility; Pre-existing injury and psychiatric condition; Mitigation

CRIMINAL LAW - Appeal against conviction - Whether verdicts unreasonable &/or not supported by the evidence - CRIMINAL LAW - Multiple counts - Whether verdicts inconsistent - Apparent error as to dates of count on which appellant acquitted - CRIMINAL LAW - Acts of indecency & sexual assault.

Appeal from award of Compensation Court Judge - Workers Compensation Act 1987 s10(1B),(1C) - Error in point of law - Whether alcohol taken voluntarily

APPEAL AND NEW TRIAL - Interference with primary judge's findings of fact - Functions of appellate court - General principles - Manner of re-evaluation of trial evidence; DAMAGES - Negligence - Causation - Proof of - As the or a cause of loss; NEGLIGENCE - Essentials of cause of action - Damage - Causation - Medical negligence - Alleged defective advice by medical practitioner - Alleged defective diagnosis - Whether established - Whether caused loss

Negligence - Inebriates Act 1912 - inmate in mental hospital - assault by another inmate resulting in broken hip - damages - duty of hospital administered by respondent to take positive steps to ensure safety of appellant - duty to take reasonable care - respondent knew or ought to have known of risk - admissibility of evidence sufficient to uphold a ground of appeal

DAMAGES - mitigation of damages by injured person - Motor Accidents Act 1988 s 39 - assessment of non-economic loss

DAMAGES - general damages - whether wholly erroneous proportion to a most extreme case - damages for economic loss - whether errors in translating findings in principle into figures.

CRIMINAL LAW; Maliciously inflicting grievous bodily harm; Sentencing

Corporation - company - takeover - Part A statement - disclosure of intentions under clause 20 - disclosure of other material information under clause 17 - whether disclosure in Part A statement adequate

Professions & Trades [172]; Lien; Fruits of litigation; What needs to be shown to obtain order imposing lien

Defamation; Appn for Stay of Proceedings

Appeal against conviction ; Application for leave to appeal against sentence ; Sexual assault and related charges: fresh evidence ; Whether appellant incompetently represented at trial ; Whether verdict unreasonable

COSTS - Offer of compromise - District Court Rules Part 19A - Discretion to "otherwise order"

Negligence - motor vehicle accident - further motor vehicle accident - damages - calculation past economic loss - future economic loss - no error.

APPEAL - extension of time for appeal - relevance of prospects of success - Supreme Court Act 1970 - s 46 (2)(a)

Quantum - No question of principle.

Application to strike out defence and cross-claim; Air Services Australia v Zarb (Court of Appeal - 26 August 1998 - unreported); Dey v Victorian Railway Commissioners (1948-1949) 78 CLR 62 at p.91; General Steel Industries Inc v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125; Webster & Anor v Lampard (1993) 177 CLR 598; Wickstead & Ors v Browne (1992) 30 NSWLR 1; Esanda Finance Corporation Limited v Peat Marwick Hungerfords (1997) 188 CLR 241 and NRMA Insurance Limited v A.W. Edwards Pty Limited (Court of Appeal - 11 November 1994 - unreported) followed.; Fiduciary Duty; Beach Petroleum NL v Abbott Tout Russell Kennedy (1997) 26 ACSR 114; Commonwealth Bank of Australia & Anor v Smith (1991) 102 ALR 453; Maguire & Anor v Makaronis & Anor (1997) 188 CLR 449 and O'Halloran v R.T. Thomas & Family Pty Limited (1998) 45 NSWLR 262 noted.; Right of Guarantor to rely on defence available to principal debtor; Cellulose Products Pty Limited v Truda & Ors (1970) 92 WN 561; Langford Concrete Pty Limited v Finlay [1978] 1 NSWLR 14; Covino & Anor v Bandag Manufacturing Pty Limited [1983] 1 NSWLR 237; Indrisie v General Credits Limited [1985] VR 251 Re Kleiss & Anor ex parte Kleiss & Anor v Capt'n Snooze Pty Limited (1996) 61 FCR 436; Australia and New Zealand Banking Group Limited v Harvey [1994] ATPR 53640 considered.; Equitable Set-Off: depends on facts of each case; AWA Limited v Exicom Australia Pty Limited (1990) 19 NSWLR 705; Murphy & Anor v Zamonex Pty Limited & Ors (1993) 31 NSWLR 439; Direct Acceptance Corporation Limited (In Liquidation) v Lord (1993) 31 NSWLR 439 and, on appeal, (1993) 32 NSWLR 362; Coles Myer Limited v Liverpool Growers (Australasia) Pty Limited (Rolfe J -24 September 1993 - unreported); Wespac Banking Corporation v Nalty (Rolfe J - 8 October 1993 - unreported); Algons Engineering Pty Limited v Abigroup Contractors Pty Limited (Rolfe J - 1 August 1997 - unreported); Tooth & Co Limited v Rosier (Wood J - 7 June 1985 - unreported) and Tooth & Company Limited v Smith (Clarke J - 5 September 1984 - unreported) followed.

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

Corporations [187]; Administration; Whether summons for winding up should be adjourned

Commercial arbitration - leave to appeal from award - manifest error of law on the face of award - strong evidence of error of law by arbitrator - determination adding to certainty of commercial law - consideration of "all the circumstances" - discretion in refusing leave - s 38 Commercial Arbitration Act 1984.

Corporations [294]; Foreign company; Winding Up; Provisional liquidator appointed in country of incorporation; Request for aid by Australian court; Approach to be adopted; Whether provisional liquidator should be appointed locally

Corporations [209]; Winding up; A company may be wound up in insolvency under Part 5.4 of Corporations Law even if no valid statutory demand served

Judicial review

Procedure [85]; Cross claim; Application to file cross claim after suit heard; Rejected as not convenient

WORKERS COMPENSATION - election to claim permanent loss compensation - revocation with leave - whether at time of election there was no reasonable cause to believe that the further deterioration in medical condition would occur - nature of belief - whether possibility of deterioration sufficient to negate belief - Francis v Dunlop (NSW CA, 16 December 1998, considered).

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

Application for injunction to restrain publication of matter on Internet - dismissed.