Cases and authorities

CRIMINAL LAW; appeal; fresh evidence; whether significant possibility that jury would have acquitted; Crown case partly dependent upon alleged admissions to police; subsequent evidence by police officer at Royal Commission that appellant had been verballed; whether miscarriage of justice.

TORT - personal injury - silicosis - progressive massive fibrosis - consecutive tortfeasors; DAMAGES - assessment of damages - whether finding open that progressive massive fibrosis a separate injury - whether separate awards for silicosis within discretion - whether award for future medical expenses should be allowed - whether additional allowance for future pension payments should be deducted

EQUITY - specific performance - agreement to settle the action - intention of parties to reach a binding agreement

Criminal Law and Procedure - Sentence - Crimes Act s 442B - Special Considerations

Criminal Law and Procedure - Sentence - No Particular Point of Principle

Injury at work - Appeal from challenge in Compensation Court to factual and credibility findings of Commissioner - Error of fact or law - Denial of procedural fairness

WORKERS' COMPENSATION - Workers Compensation Act 1987 - s 15 - disease of gradual onset - whether apportionment under s 22 available for injuries under s 15

DUST DISEASES TRIBUNAL - jurisdiction - cross-claim filed by defendant against third parties after judgment for plaintiff - filed pursuant to grant of extension of time under rules - whether "included in" the proceedings within s11(4) of the Dust Disease Tribunal Act.

WILLS - Rectification - Wills Probate and Administration Act S29A

CRIMINAL LAW; sentencing; possession of commercial quantity of heroin; 17 kgs of pure heroin involved; sentence of 14 years with non parole period of 9 years within available range.

PRACTICE AND PROCEDURE; DISTRICT COURT; STATEMENT OF CLAIM; AMENDMENT; NAME OF DEFENDANT; WHETHER AMENDMENT PURSUANT TO PT 17 OF DISTRICT COURT RULES HAD EFFECT OF DISCONTINUING PROCEEDINGS AGAINST DEFENDANT WHOSE NAME REMOVED BY AMENDMENT

Practice and Procedure - directions in expedition list.

Sale of Land, option, "void", estoppel against statute

Contempt of Court - newspaper report - whether tendency to interfere with administration of justice - assertion that a man to be tried on charges of supplying heroin was a leading heroin distributor - delay of five months between publication and trial. ; Held: publication tended to interfere with administration of justice.; Contempt of Court - publication tending to interfere with administration of justice at the forthcoming trial, whether defence of publication available.; Held: defence available.

CHARITIES - Charitable gifts and trusts - gift to charitable institution - charitable institution ceased to exist before death of testator - evidence of a general charitable intention - application of a cy-prés scheme administered by Attorney General pursuant to s13 of the Charitable Trusts Act 1993; CHARITIES - Charitable gifts and trusts - gift to charitable institution - charitable institution ceased to exist before death of testator - evidence of a general charitable intention - application of a cy-prés scheme administered by Attorney General pursuant to s13 of the Charitable Trusts Act 1993

Local Court; Subpoena; Order against person not party to litigation; Legitimate forensic purpose

PRACTICE & PROCEDURE; Jurisdiction of courts; cross-vesting legislation; application to transfer proceedings to Family Court; proceedings related; interests of justice; Jurisdiction of Courts (Cross-Vesting) Act 1987 ss5(1), 5 (1) (b) (i), 5 (1) (b) (ii) (A), 5 (1) (b) (ii) (B); transfer to Family Court of De Facto Relationships claim was refused.

SUPERANNUATION - Review of decisions and related matters - Plaintiff's claim for benefits under Telecom Superannuation Scheme - whether or not the trustee fulfilled its obligation under the Scheme

PROCEDURE - Application to set aside default judgment; Defence on the merits; REAL PROPERTY - Torrens Title; Indefeasibility; Mortgage; Forged Instrument; CONTRACTS - Contracts Review Act 1980; Forged instruments; Whether relief available under Act

APPEAL - rehearing - taking point not taken at trial - departing from course adopted at trial - when not permitted.

Criminal law; convictions in Local Court following pleas of guilty; subsequent informations in respect of further offences in Local Court; whether autrefois convict available; alternatively, whether abuse of process by reason of proceedings on subsequent informations; whether error of law by magistrate in ordering permanent stay of proceedings on subsequent informations.

CRIMINAL LAW - Sentencing; Re-determination of life sentence.

Equity [363]; Injunction; Confidential information; Information belonging to associated company of employer; Employee seeking to abstract majority of associated company's business to competitor; Springboard; Interim injunction granted

PROCEDURE - Declaration; Discretion; Issue determined in District Court.

FAMILY LAW AND CHILD WELFARE - Children - surrogacy arrangement - fertilisation procedure - declaration pursuant to s21 of the Status of Children Act 1996 (NSW) that particular persons are the father and mother of the child

Corporations Law; Application to set aside statutory demand; Agreement between plaintiff and defendant for purchase of office furniture and equipment; Payment by instalments; Plaintiff and defendant had a director in common and shared the same premises and shared office furniture and equipment.; Purpose of agreement was to provide a fund from which the fees of a proposed voluntary administrator might be paid; Administration terminated by appointment of provisional liquidator; Desire of plaintiff to cancel agreement, since the totality of the funds would no longer be needed to pay the fees of the administrator

Valuers - Valuation of Shares - Agreement that valuation by independent expert be final and binding - grounds on which valuation can be set aside - manifest error on face of determination - available material - incorrect valuation not a ground for setting aside report - hypothetical reasoning not a ground for setting aside - valuation complied with the terms of the contract - no manifest error.

PROCEDURE - subpoeana for production; income tax records of thrid party,

LIMITATION OF ACTIONS - product liability and medical negligence - appeal from Master's decision refusing extension of time under s60G of Limitation Act 1969 - exercise of discretion as to extension of the limitation period

Claim for public interest immunity by New South Wales Police Service in respect of subpoena issued by defendant re interview of plaintiff on 19 January 1999

Stamp duties; liability; rate payable; deed; declaration of trust; deed in escrow;

FAMILY PROVISION; testator reired medical practitioner died 1991 aged 72.; adult sons; (1)medical practitioner now aged 54 without capital after unsuccessful investments and earning about $200,000 p.a. and (2) unemployed former taxi driver now aged 47 living on social benefits who received $126,000 (out of residue $780,000) received no further provision; history of assistance earlier in life, severely deteriorated relationship with sons and long and happy second marriage; proceedings dismissed.

Motor Accidents; Assessment of Damages; Personal Injury; Economic and Other Losses

Landlord & Tenant [45]; Covenants; Tenant spruiking to divert business from landlord's shop to tenant's shop; Whether nuisance; Landlord & Tenant [86]; Notice before re-entry; Whether necessary for sublease of Crown land; Real Property [57]; Crown lands; Special Lease; Sub-letting; Minister aware of sublease; Sublease valid; Trade & Commerce [129]; Trade Practices; Injunctions; Corrective advertising; Both parties to display corrections; Words & Phrases; Cafe ; Nuisance

Stated case

Appeal by stated case; magistrate awards interest; whether such award involved error of law; Local Courts (Civil Claims) Act, 1970.

ADMINISTRATIVE TRIBUNAL - Application to set aside orders of Residential Tenancies Tribunal.

CHILDREN - in need of care; warrant to search for and remove children; only one person named to execute warrant; purported execution by other persons; validity; CHILDREN - in need of care; search warrants obtained; whether removal of children can subsequently be justified by reference to other statutory powers; SEARCH WARRANTS - one person named in warrants; warrants executed by other persons; person named co-ordinating purported exeuction by others; use of assistants to execute warrant; TRESPASS - entry to premises and removal of children; execution of valid warrant authorising entry and removal; purported execution of warrant by persons named therein; WORDS & PHRASES - "assistants"

Criminal Law - different verdicts unable to be explained by reference to the evidence - held inconsistent and therefore unreasonable.

Procedure. Application under s76A of Supreme Court Act that plaintiff use his best endeavours to procure documents held by third parties outside Australia. Application successful in part. Aetna Pacific Securities Ltd v Hongkong Bank of Australia Giles J 29 April 1993 applied.

CONTRACT - Contract that in consideration of contribution of $11,500 by mother to purchase of house son and daughter-in-law would allow her to live in it for her lifetime and would pay the mortgage payments - Whether contract subsisted. GIFT - Whether $17,000 payment by mother to son gift or loan.

Sentence - Multiple importations of heroin - S 233B(1) Customs Act (Cwth) - most serious class of case - sentence of imprisonment for life - no adjustment of sentence under S 16G Crimes Act, 1914 (Cwth) - Vanit -v- R 149 ALR 1 applied.

Administrative Law - Referees Report - Discretion to adopt

EQUITY - property purchased as joint tenants - whether unequal contributions gift or whether resulting trust in accordance with contributions