Cases and authorities

Practice; Setting aside judgment for possession; Adding defendant on prospective defendant's motion

Extension of time

Testator's Family Maintenance - Claim under Family Provision Act by widower of deceased - no matter of principle.

STATED CASE - Appeal from Magistrate's decision whether there was sufficient evidence to support finding

Compensation Court Act 1984 - s38(4) recovery of weekly payments following successful appeal by employer: Zinc Corp v WorkCover (Hidden J, SC, unreported 9 Dec 1998) - whether interest paid by employer recoverable - meaning of weekly payments.

CRIMINAL LAW - appeals - appeal against conviction - leave to appeal against sentence - sufficiency of directions concerning child complainant’s evidence of sexual assault - sufficiency of directions concerning appellant’s election not to give evidence - unsafe and unsatisfactory verdict.

Criminal Law; Drugs; Importation of Cocaine; 3kg; Courier; Sentence

Contempt proceedings - order by Land & Environment Court for removal of house

NEGLIGENCE - misfeasance/nonfeasance - whether the nonfeasance rule applies to footpaths and nature strips

Practice and procedure - costs - damages less than $75,000 in Equity Division proceedings - Bullock or Sanderson order - appropriateness to dispute as to identity of contracting parties - calculation of interest on damages for breach of contract

Criminal Law; Drugs; Imported Heroin; 1kg; Interstate courier; Sentence

Company - members' scheme of arrangement - members to receive shares in another entity - disclosure

Corporations [180]; Voluntary administration; Time for creditors' meeting; Extension; When granted

On application for directions to jury - see page 57 of transcript

Preliminary determination of questions of law

CRIMINAL LAW - practice & procedure - whether transcript of Crown's opening address and accused's opening statement should be provided to the jury at their request.

Interrogatories; STATUTORY PROVISIONS: Part 24 Rule 1; CASES: Rockwell International Corporation & Anor v Serck Industries Limited [1988] Fleet Street Reports 187; American Flange v Rheem Australia Pty Limited [1965] NSWR 145; Coal Cliff Collieries Pty Limited v C.E. Heath Insurance Broking (Australia) Pty Limited (1986) 5 NSWLR 703 applied.; Residues Treatment v Southern Resources Limited (Supreme Court of South Australia - 22 November 1988 - unreported); Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Limited (Supreme Court of New South Wales - 10 December 1984 - unreported); Ring-Grip Pty Limited v HPM Industries Pty Limited [1971] 1 NSWLR 798 and John Zink Co Limited v Lloyd's Bank & Anor [1975] RPC 385 considered.

Costs - "global approach" - multiple parties - mixed success.

Companies - Articles of Association - Construction of - Directors - Appointment removal and retirement

Undue influence - appeal against findings of fact - factual issues undecided by trial judge

Consumer claim jurisdiction

Corporations [71]; Shares; Invalid allotment by deliberate act; No relief given in this case; Corporations Law, s254E; Evidence [86]; Admissions; Letter not answered; Significance; Guarantee & Indemnity [38]; Implied indemnity; Joint venture; Defendants with 30% share paying outgoings; No implied indemnity

Costs - costs assessor - necessity to give reasons - necessary extent of reasons

Extension of limitation period; cross claim

On form of questions to be answered by the jury

Leave application; strike out order inappropriately made.

Costs; Defamation proceedings; Qualified privilege and s 13 defence pleaded but later abandoned; Defendant successful; Effect of pleadings on costs order

Succession [152]; Extrinsic evidence; To identify beneficiary; "Grandchildren"; Equivocation; Evidence admissible; Succession [183]; Gift to grandchildren; Prior reference to "only child"; In fact testatrix had three children

On application to reconsider matters in judgment of 18 February 1999

FRAUDULENT CONVEYANCES - JUDGMENTS AND ORDERS - REAL PROPERTY (TORRENS SYSTEM). Shortly after District Court proceedings are served on male defendant, he seeks and obtains a consent order under the De Facto Relationships Act in the Local Court for the transfer to the female defendant of two properties which comprise substantially all his assets, and the required transfers of those properties are registered under the Real Property Act. Plaintiff obtains judgment in the District Court, and seeks orders under s.37A of the Conveyancing Act avoiding the transfer. HELD that the male defendant in seeking and obtaining the Local Court order and effecting the transfers intended to defraud creditors; that the female defendant shared that intention, so would not have the protection of the indefeasibility provisions of the Real Property Act; (semble) that in any event s.37A prevailed over those provisions; that although an order avoiding the transfers would be inconsistent with the Local Court order, the Court could mould its order to avoid the transaction so that it was not inconsistent, for example by ordering a re-transfer of the properties; (semble) that s.37A empowered the Court to set aside the Local Court order obtained as part of an alienation to defraud creditors; and that the Court could order the defendants to apply to the Local Court to set aside the order. Re Baxter (1986) 10 FamLR 758 and Morris v. Maroudas (1986) 70 ALR 98 distinghished.

Insurance - Third Party liability insurance - Statutory charge - Proceedings to enforce - Application for leave to proceed against insurer - Relevant considerations - Insurer entitled to decline liability - Whether leave properly granted

Negligence; highway case; degraded original road surface with different level ("step") from road surface of a trench for drainage piping; whether on probabilities step due to negligence in installing piping; on facts, just as possible that due to degradation of original road surface since piping installed; misfeasance not established.

NEGLIGENCE - misfeasance - whether highway authority liable for dangerous situation created on footpath as a result of construction of drain to convey stormwater from private land

ADMINISTRATIVE LAW - error of law - whether irrelevant considerations taken into account; ENVIRONMENTAL PLANNING - State Environmental Planning Policy No 1 - development standard alleged to be unreasonable or unnecessary - factors relevant to determining an objection

Contracts Review Act 1980; Mortgage by third party volunteer as direct debtor; Funds paid to borrower; Duty of mortgagee's solicitor ; Conflict of interest

On order of addresses ; SCR Pt 34 r 6

Separate determination on the issues of liability and quantum

Justices; service of brief of prosecution evidence; requirements and operation of ss.66A to 66H inclusive; Justices Act 1902(NSW)

Application for directions as to presentation of case to jury

NEGLIGENCE - highway authority - road works - adequacy of warning - whether trial Judge erred in findings of fact - whether failed to give adequate reasons