Cases and authorities

Application for directions as to presentation of case to jury.

Stated case - lease of equipment - subsequent purchase of subject equipment - alleged ambiguity of terms.

Public interest immunity by New South Wales Police Service in respect of subpoena issued by defendant

On plaintiff’s Notice of Motion to preclude inspection by the defendant of documents the subject of a subpoena and Notice to Produce issued to the plaintiff and subpoena to the New South Wales Police Service

EVIDENCE - Hearsay rule and exception for business records - s69(3) of Evidence Act 1995 precludes exception where prepared for Australian proceeding - Application of s69(3) of Evidence Act 1995 where pre-existing computer stored material retrieved and other adjustments made in responding to subpoenas - Effect of s48(1)(d) and (e) of Evidence Act 1995 in relation to proof of documents retrieved from electronic storage - Discretion to permit waiver of rules of evidence under s190(3) of Evidence Act 1995.

ADMINISTRATIVE LAW - Consumer Claims Tribunal; building contract; claim by builder for unpaid balance; cross-claim for defective workmanship; cross-claim allowed in part; no reasons given; no indication of which parts of cross-claim allowed; whether denial of natural justice; ADMINISTRATIVE LAW - Consumer Claims Tribunal; building contract; claim by builder for unpaid balance; cross-claim for defective workmanship; evidence in support of some items in cross-claim; cross-claim summarily dismissed; no notice of intention to consider summary dismissal; no reasons given; whether denial of natural justice; ADMINISTRATIVE LAW - Consumer Claims Tribunal; objection to jurisdiction; manner of taking objection; what constitutes objection; ADMINISTRATIVE LAW - Consumer Claims Tribunal; jurisdiction limited to orders not exceeding $25,000; whether amounts established in cross-claim can be set off against amounts established in claim to bring order within jurisdiction.

Equity [343]; Injunctions; Interlocutory; Undertaking; Trustee; Trustee a nominee company, seeks to limit undertaking to assets of trust; Not accepted

PERSONAL PROPERTY - Ownership and possession - whether interest of purchaser absolute interest or security interest

DAMAGES - Motor vehicle accident - Use of gross rather than net figures - Application of slip rule - Whether principle established in Kempsey District Hospital v Thackham applicable.

Family Law.; Application under Defacto Relationships Act for an order adjusting parties property interests.; No matter of principle.

Limitation of actions; extension of time sought; Master makes order; appeal from Master's decision; whether exercise of Master's discretion miscarried; whether delay made chance of fair trial unlikely; whether defendant would suffer significant prejudice; evidentiary burden on proposed defendant.

FAMILY PROVISION AND MAINTENANCE - Eligible person - Costs. HELD that paragraph (a)(ii) of the definition of 'eligible person' in the Family Provision Act did not prescribe a different test from that in the definition of 'de facto partner' in the De Facto Relationships Act; and that, where costs incurred by an executor were disproportionate to the size of the estate and issues, and the case had been conducted with some animus against the plaintiff, the executor's costs would be on a party and party basis.

Corporations [248][251]; Preferences; Commercial reality test; Running account; Significance of non supply for substantial period whilst indebtedness reduced; Magistrates [194]; Stated case; Parties ask Supreme Court to decide merits; When permitted

Practice; inappropriate forum

Appeal against severity of sentence - Supply prohibited drug - goods in custody -

CORPORATIONS - Takeover offers - Application by dissenting offerees - Need for clarity and expedition.

Administrative law; infringement notice for travelling by rail without a ticket; assumption by Consumer Claims Tribunal of jurisdiction to entertain claim by the traveller for "opportunity to purchase a ticket"; whether Consumer Claims Tribunal had jurisdiction to entertain the claim; jurisdiction of the Local Court in relation to offences under the Transport Administration Act, 1988

ASSOCIATIONS - Country Rugby League - exclusion of the plaintiff from competition - power of the Boundary and Competition Committee to make a resolution altering boundaries of competition to exclude the plaintiff from the competition and not to include them in any other competition - no power to exclude plaintiff on the basis of conduct

HIGHWAYS - Negligence and nuisance - Injuries to user of highways - Liability of highway authority - In respect of what matters; HIGHWAYS - Negligence and nuisance - Injuries to user of highways - Liability of highway authority - Nonfeasance and Misfeasance

Contract - exclusion clause - construction - Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 applied.

Breach of agreement

Applications to strike out Further Amended Summons

Application by NSW Police to have set aside subpoena to produce documents issued by plaintiff

Abuse of process

Jurisdiction of Commercial Tribunal re damages Fair Trading Act 1987, and defence of promissory estoppel; Application of Retail Leases Act 1994 to assignment of lease.

Fire insurance policy - claim - defence of fraud.

Discrimination on ground of disability - characteristic appertaining to persons who have a disability - whether it is a characteristic of persons suffering a certain disability that they often undergo a certain medical procedure - meaning of "characteristic"; Discrimination on ground of disability - characteristic appertaining to persons who have a disability - whether Equal Opportunity Tribunal might conclude without evidence that it is a characteristic of persons suffering from blockage of a coronary artery that they often undergo coronary artery graft surgery; Discrimination on ground of disability - whether employer who certifies employees unfit by category rather than by reference to the personal circumstances of individuals has a statutory defence of necessity.

Sentencing; Social security; Fraud; Significance of gambling addiction

Sentence appeal; social security fraud; offender desisting voluntarily before discovery; significance; contrition; significance of agreement to repay; later notification of charges

Criminal Law - sexual assault - adequacy of directions about complaint and corroboration - impermissible questioning by trial judge of doctor about child sexual assault victims generally

Defrauding the Commonwealth - Nursing Home fraud - sentence manifestly inadequate - no special circumstances - re-sentencing - discount for double jeopardy

NEGLIGENCE - motor vehicle accidents as a result of roadworks - whether adequate reasons for trial Judge's findings on evidence; CAUSATION - liability - whether adequate reason for findings as to liability given by trial Judge; COSTS - whether Sanderson order appropriate

Criminal Law; Mens Rea

Accessory after the fact of murder - sentence.

Defamation; Union election; Qualified privilege; Reply to attack; Malice; Comment

CONTRACT; hire-purchase; the plaintiffs' claim that the true terms of the transaction were not as recorded in the written hire-purchase agreement failed on the facts; claims and cross-claims against finance broker and vendor of truck failed because their breaches as proved were not causative of finance company's loss; decision on facts; no question of legal principle