Cases and authorities

Application for cross-vesting to Family Court; Jurisdiction of Court

CRIMINAL LAW; sentencing; armed robbery; s97(1) Crimes Act 1900; appropriate sentence

CRIMINAL LAW; sentencing; break, enter and steal, s112(1) Crimes Act 1900; armed robbery, s97(1) Crimes Act 1900; robbery, s94 Crimes Act 1900; appropriate sentence; double jeopardy; discretion to dismiss Crown appeal despite inadequate sentence

CRIMINAL LAW; direction to jury;corroboration; CRIMINAL LAW; direction to jury; onus of proof; motive to lie; falsification of evidence; CRIMINAL LAW; verdict unreasonable or not supported on evidence; evidence by adult of childhood events given after long delay; CRIMINAL LAW; cross-examination of accused

CRIMINAL LAW; sentencing; armed robbery; robbery in company, s97(1) Crimes Act 1900; appropriate sentence; failure to give reasons for finding "special circumstances", s5(2) Sentencing Act 1989; commission of crime while on conditional liberty; totality of sentence

CRIMINAL LAW; appeal against conviction; sexual intercourse without consent - Crimes Act 1900 (NSW) s.61(1); miscarriage of justice; failure to call witness at trial; whether decision not to call witness within proper exercise of trial counsel's discretion

CRIMINAL LAW; sentencing; assault with intent to rob whilst armed, s97(1) Crimes Act 1900; appropriate sentence; direction of release on parole at certain date

CRIMINAL LAW; sentencing; aggravated armed robbery, s97(2) Crimes Act 1900; appropriate sentence; double jeopardy; failure to give reasons for finding "special circumstances", s5(2) Sentencing Act 1989

Costs; just and equitable basis; reasonableness of party's attitude to offers of compromise.

Family Law. Application for adjustment of parties' property interests under Defacto Relationship Act 1984. Application in respect of different periods. Application for leave under s18. Held only one period has to be for at least 2 yearts. ; Fotherington v Fotherington Court of appeal 28/08/98 followed.

NEGLIGENCE - breach of statutory duty - whether duty rests on persons "actually carrying out building work" or also on head contractor.; NEGLIGENCE - duty of care - scope of duty - whether head contractor liable under general duty of care to subcontractors - whether head contractor under non-delegable duty to provide safe system of work.; NEGLIGENCE - occupier’s liability - principles to be applied.; BUILDING AND CONSTRUCTION - subcontractors - whether employee or subcontractor.; CONTRACT - implied terms.; LIMITATION OF ACTIONS - commencement of limitation period - application for extension refused - when time begins to run - whether solicitors failed to sue relevant party in time. ; LIMITATION OF ACTIONS - applicability of principle enunciated by Deane J in Hawkins v Clayton (1988) 164 CLR 539.

Criminal appeal - time provided to appeal to Court of Criminal Appeal - principles for grant of extension of time.

DEFAMATION MATTER REMITTED TO DISTRICT COURT; NO REASONS GIVEN; DECISION WAS WITHIN POWER

Dismiss statement of claim

Charities [11] & [24]; Construction; Principles; "The Cancer Research Foundation"; No body answering description; Cy pres ordered; Role of Attorney General; Equal distribution amongst three major cancer charities ordered

Criminal Law Release on licence after murder conviction; breach of condition many years later; re-arrest; re-determination of life sentence.

CRIMINAL PRACTICE & PROCEDURE; Inconsistent verdicts; Warning to Jury; Question by Jury unanswered prior to verdict

Criminal Law - murder - deaths of appellant's wife and three children - whether verdicts of guilty of murder unreasonable and not supported by evidence

Mortgages - negligence solicitor/client - solicitor acting for all parties to a loan transaction - duty to advise nominal borrower of consequenses of default - finding open to trial judge on evidence - no error reasons of trial judge.

Appeal from Government and Related Employees Appeal Tribunal - denial of natural justice - procedural fairness - court officer acting as employee's representative - admission of evidence of enterprise agreement

CORPORATIONS — Companies — Shareholder scheme of arrangement altered after shareholder approval but before Court approval — need to ascertain those subject to the scheme before shareholder meeting — Option-holder with contractual right to have shares allotted but allotment only completed after shareholder approval — Scheme approved with alteration.

CONTRACTS - general contractual principles - oral agreement between parties - whether terms sufficiently certain to make agreement binding; EQUITY - Equitable charges - appropriate remedy to secure the sum of money expended on property; TRUSTS - resulting trust - no contribution to purchase price; TRUSTS - constructive trust - whether imposition necessary to do equity

Statement of Claim - motions by defendant to dismiss, by plaintiff to amend - plaintiff entered into deed of assignment under Pt X of Bankrupty Act - whether causes of action re-vest in plaintiff upon issue of certificate under s232 of the Act

Damages - personal injury - earning capacity - no question of principle

T1428: Directions

CRIMINAL PRACTICE & PROCEEDURE; Life Redetermination; Worst case

COSTS — Indemnity costs versus party and party — Awarded in takeover context where proceedings unsuccessfully brought based on extremely weak case — Relevant factors pointing to ulterior purpose — Relevance of abandoning actions or points — Relevance of public statements post litigation being accurate and not misleading.

Criminal law - sentencing principles - indeterminate life sentence for murder - principles applicable.

Release from implied undertakings as to confidentiality.

Conviction unsafe and unsatisfactory; appropriateness of decision to allow cross-examination of Crown witness; error contended as to admission of evidence; contention as to inadequate directions of complaint; refusal to limit evidence.

Negligence - motor vehicle accident - quantum - non-economic loss assessment of most extreme case - calculation of interest pursuant s.73 Motor Accidents Act.

CORPORATIONS — Companies — Takeover offers — Stock Exchange — Disclosure of material information under s750 cl 17 of Corporations Law — Injunctions — what is material for Part A Statement — Difference between speculation and prediction — Distinction between what may be included and what must be included — Context of offer being share bid versus cash bid — Necessity for substantiation of predictions to avoid being potentially misleading — Availability of additional information for this purpose in target company not bidder — Effect of any confidentiality attaching to information— relevant exception where "required to be disclosed under applicable law" — Exception applicable to information required to be disclosed as a result of action taken by the receiver of the information by making a bid — Recipient of information at time of Part A not aware that the provider of the information arguably constrained by joint venture agreement — Paramountcy of s750 cl 17 over any equitable obligation of confidentiality — Effect of ASX listing requirement 3.1 requiring continuous disclosure and scope of exception — Meaning of "incomplete proposal" — Agreement to accept bid — no contravention of s697 of Corporations Law though free to cancel pre-trial acceptance — Meaning of benefit; EQUITY — Equitable remedies — Injunctions in takeovers — Discretionary considerations — Lack of prompt action — Effect on shareholders being deprived of offer; WORDS AND PHRASES — "required to be disclosed under applicable law", "benefit"

Bankrupt failing to disclose bankruptcy; Bankruptcy Act ss 269(1)(ac), 269(1)(ad); meaning of "obtain goods"; attempt to obtain goods; whether established when goods can be obtained only when purchase price paid; rendering services; whether alone; significance of involvement of company

Real Property [409]; Easement; Creation under Conveyancing Act s 88K; How compensation assessed

CRIMINAL LAW - criminal procedure - application for separate trial.

Defamation - amendment of pleadings - appeal to strike out re-pleaded imputations - use of "shyster" - Pleadings: SCR Pt 67r11 - requirement of specificity - word usage in pleading imputations

Practice; inappropriate forum

Corporations - companies - schemes of arrangement - explanatory statement in two parts; amendments to constitution - whether full text must be sent to shareholders; meetings - time of commencement of period of notice; Trustees - judicial advice - power to alter trust instrument

NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - APPORTIONMENT OF DAMAGES - WHEN APPORTIONMENT REVIEWABLE ON APPEAL - DEMONSTRABLE APPEALABLE ERROR - COSTS

Appeal and New Trial - De Facto Relationship Act 1984 - Offer of compromise made by plaintiff - Order by Master in favour of plaintiff in amount in excess of offer - Order for costs on indemnity basis in favour of plaintiff - Appeal by defendant - Appeal upheld and order of Master reduced but not below amount of offer - Plainitff seeks order for costs of appeal on indemnity basis; Costs - Departing from general rule - Indemnity costs - Offer of compromise made by plaintiff before trial - Award at trial exceeds amount of offer - Order for indemnity costs of trial - Appeal by defendant - Appeal upheld and award reduced but not below amount of offer - Plaintiff seeks order for costs of appeal on an indemnity basis

Declaration as to construction of legislation - discretion - parties' standing, statutory functions, public interest - jurisdiction in construing Federal Statute - nature of Statements of Principles under Veterans Entitlements Act 1986 (Cth) - nature of review process by Specialist Medical Review Council - statutory right to be heard on review - principles for ascertaining "sound medical-scientific evidence".

CONTEMPT; alleged breach of order restraining respondent from "acting or purporting to act" as a solicitor; whether respondent's involvement in three transactions constituted breach; competency of appeal.

Mental Health [4]; Application for declaration that incapacity ceased; Test is objective; No room for benign paternalism

Defamation - Bank statements bearing notation ‘in liq’ - Imputations that customer insolvent and that liquidator appointed to customer - Damages - General principles - Unusual circumstances - No proof of special damage as a result of defamation in respect of which plaintiff sues - Trading company entitled to recover damages in respect of injury to its reputation as such without proof of loss - Damages to be assessed ‘at large’ - Entitlement of company to recover damages in respect of injury to its trade and goodwill dependent upon proof of damage - Restricted mode of pleading imputations - One group member sues in respect of the publishing on particular dates of bank statements issued to it bearing ‘in liq’ notation when, as part of the group, such group member first suffers damage in respect of which it does not sue, on earlier dates when similar bank statements are issued to other group members - Failure of plaintiff and of any other group member and of group as a whole to sue in defamation seeking to plead imputations to the effect that upon publication of any bank statements to any group member, the notations conveyed that the whole group was insolvent, or that specified group members were insolvent, or that a liquidator had been appointed to the group, or that a liquidator had been appointed to specified group companies, or that the group businesses were conducted badly or inefficiently, or that all or specified group companies conducted their businesses badly or inefficiently.; Damages - Quantum ; Interest - Claim to interest charges unnecessarily incurred pursuant to breach of contract - Proper measure of interest a question of fact - No factual basis for allowing an award of compound interest.; Costs - Principles - Costs follow the event - First Plaintiff successful in establishing defendant’s liability in relation to the contract and defamation claims - Whether the second unsuccessful plaintiff ought to pay the defendant’s costs in relation to its claim.

Proceeds of crime - conviction.

Damages; assessment of damages; knee injuries; attribution of damages to original knee injury; causation