Cases and authorities

Leave application; damages for loss of sight of one eye during surgery not outside limits of sound exercise of discretion.

CRIMINAL LAW; sentencing; Crown appeal; assault occasioning actual bodily harm; appropriate sentence; expression of remorse

On admissibility of MFI 26 - The Sydney Morning Herald article 26 May 1999 - T1656

Subpoena to Coroner; advice from Crown Solicitor; whether privileged; whether obtained for improper purpose; meaning of impripriety; s 125 Evidence Act 1995

Adoption - application by relative (great-aunt) - unopposed - court dispensed with consent of father - interests of child best served by adoption despite natural relationship with adopting parent. ss 17, 18(2), 18(2)(b), 32(1).

Family Provision Act. Application by daughter of deceased's first marriage. Estate substantially passes to widow who had a long and happy marriage to the deceased and who helped build up deceased's estate. Daughter's claim fails.

Criminal Law - sentencing - armed robbery - whether sentence excessive

Sentencing - supply prohibited drug, namely heroin - whether sentence excessive

Criminal Law - sentencing - whether proper regard had to rehabilitation

Criminal Law - whether sentences excessive

CORPORATIONS — Discretion under s440A(2) to adjourn winding-up application upon Administrator being appointed — Relevant factors include shortness of time of adjournment and opportunity for Administrator just appointed to give view as to prospects — Other relevant factors such as relation back period.

EQUITY - RECTIFICATION - COMMON MISTAKE - rectification of terms of lease relating to rent review calculations - rectification where third party has acquired the interest of original lessor - equity of rectification is a "mere equity" binding a purchaser at least of Old System land taking with notice of equity - ; UNILATERAL MISTAKE - plaintiff not an original party to lease - no unconscionable conduct by plaintiff; REAL PROPERTY - TORRENS TITLE LAND - INDEFEASIBILITY OF TITLE - knowledge of an unregistered interest not in itself fraud - right to rectification a mere equity - whether protection of Real Property Act 1900 applies to mere equities in same way as it applies to equitable interests - ; RIGHTS IN PERSONAM - indefeasibility does not bring an end to personal claims - whether knowledge of mistake justifies rectification; TRADE PRACTICES ACT PART IVA - unconscionable conduct - taking advantage of known mistake - whether unconscionable; LIMITATION OF ACTIONS - TRADE PRACTICES ACT S87(1) - no limitation period

CRIMINAL LAW AND PROCEDURE ; Sentencing; Re-determination of life sentence

Procedure - judgment - satisfaction - effect on liability of second tort feasor; Tort - judgment against one tort feasor - satisfaction - effect on liability of second tort feasor.

CRIMINAL LAW; separate trial from co-accused; evidence against accused significantly weaker than that against another accused to be jointly tried

Constructon of document - no question of principle

Construction of SCR Part 43 Rule 1 (examination orders) - application to orders for costs which have not been quantified - exercise of discretion

Local Government - Appeals - NSW -Land & Environment Court - Appeal from decision of assessor, when preliminary question of law decided by judge, and assessor merely follows judge's ruling.

APPEAL AND NEW TRIAL - New Trial - Miscarriage of justice - Failure of Trial Judge to give adequate consideration to the evidence and to provide adequate reasons for decision

MOTOR VEHICLE ACCIDENT - claim for damages for psychiatric injuries - appellant's psychiatric history prior to accident - psychiatric deterioration after accident - causal connection between accident and subsequent psychiatric condition - unreliability of appellant's evidence - non-acceptance of corroborative witnesses evidence - expert psychiatric evidence

NEGLIGENCE - Contributory negligence - Motor vehicle accident; DAMAGES - Award of damages for future care - Basis of calculation

Costs - indemnity costs - asserted hopeless case - important question of legal principle raised.

Appeal against decision of Residential Tenancies Tribunal; Costs order against a non-party

Appeal from Magistrate; no question of principle

Industrial Law [237]; Void contracts; Nature of jurisdiction; Judicial or arbitral; Power to order cross-vesting to another State Supreme Court; Procedure [26]; Cross-vesting; Western Australian proceedings commenced; Defendant commences proceedings in NSW Industrial Relations Commission; Overlapping issues; Transfer to Western Australia ordered

CORPORATIONS - winding up - insolvent transactions and unfair preferences - whether payments made when corporation was insolvent

Appeal against Magistrate's decision; Stated Case; Anshun estoppel

Real property - Torrens system - caveats - extension of operation of caveat - principles applied pending appeal - cause of action and issue estoppel as grounds for refusing extension

Criminal Law - sentencing - driving in a manner dangerous occasioning grievous bodily harm - whether sentences excessive

Criminal Law - sentencing - assertion of disparity - co-offenders sentenced by different judges - disparate findings of fact - whether justifiable sense of grievance; Criminal Law - sentencing of co-offenders - desirability that one judge sentence all.

APPEAL - appeal upheld - judgment for plaintiff - as of what date - date of trial ; APPEAL - costs - offer of compromise before trial - continuing effect - whether to order otherwise.

Turns on its own facts.

Application for a stay of proceedings pending the hearing of an application for leave to appeal and associated application for extension of time for leave to appeal

Procedure [560]; Costs; Out of estate; Probate case; When allowed; Succession [48]; Alleged informal will; Memo headed "Will" found in solicitor's file; Insufficient to show testatrix intended it to operate as a will without more

Corporations [215]; Statutory demand; Claims both arising after commencement of winding up; Held offsetting; Corporations [264]; Mutual credits; Claims arising after winding up commenced

Leave to re-open after judgment has been given but not entered

CRIMINAL LAW - steal from the person - not actual person - presence sufficient.

COSTS - Of appeal - Departing from general rule - Offers of compromise - Made otherwise than in accordance with Supreme Court Rules

CONTRACT - finality - merely agreement to agree; CONTRACT - assignment - novation; CONTRACT - Government body - whether contract fettered discretion; CONTRACT - frustration by commencement of Act - loss of bargain damages

COSTS - Departing from general rule - Defendant's offers of compromise - Verdict obtained by plaintiff less favourable than either offer - Mandated costs rule - Discretionary power to depart from rule - Whether discretion miscarried