Cases and authorities

Practice. Whether sufficient facts for a cause of action pleaded. Claim for the existence of a fiduciary relationship. Held sufficient.; Equity. Fiduciary relationship. Whether lack of consent an element or a matter of defence. Held a matter of defence. Birtchnell v Equity Trustees Executors & Agency Co Ltd (1929) 42 CLR 384 at 398 applied.

Discontinuance by plaintiff.; Costs.

Application to cross examine before jury on evidence before an arbitrator

Notices to Produce

Motor vehicle accident; deceased parents; personal injuries; approval of compromise; no question of principle

Administrative Law; statutory interpretation; "jurisdictional fact"; whether a factual reference is a jurisdictional fact; s77(3)(d1) Environmental Planning and Assessment Act 1979

LIMITATION OF ACTIONS; the period of limitation; extension of s60G and s60I Limitation Act 1969; awareness of connection between personal injury and defendant's act or omission; when proceedings might reasonably have been instituted; plaintiff unaware of the identity of the party; exercise of disrection, s60F Limitation Act 1969; not unreasonable or dilatory conduct on part of plaintiff; INSURANCE; liability insurance; statutory charge on insurance money; s6 Law Reform (Miscellaneous Provisions) Act 1946; construction of; "same rights and liabilities" as against insured; leave to join insurer; whether s14(1)(a) and s14(1)(b) of the Limitation Act 1969 apply; when does time commence to run in favour of insurer; when does time cease to run against insurer; whether leave to proceed condition precedent to commencement of action

ADMINISTRATIVE LAW - judicial review - certiorari - jurisdictional error - error of law on the face of the record - Costs in Criminal Cases Act 1967

SUCCESSION - EXECUTORS AND ADMINISTRATORS - Proceedings by executors or administrators - claim for trust property

Extension of Time to file Holding Summons for Leave to Appeal

PROCEDURE - application to strike out proceedings entertained and granted without notice

De Facto Relationships Act 1984

Notice of Motion - utility of orders - failure of reasons to reconsider

Administrative Law; statutory interpretation; procedural fairness; privative clause; whether procedural fairness required; contents of procedural fairness; whether a time limiting privitive clause will exclude the requirements of procedural fairness

Family Law [105]; De Facto relations; Application for extension of time to make application; Principles; Application granted; De Facto Relationships Act, s 18(2)

Tortious act in and out of jurisdiction; Jurisdiction; Where tort occurs; No compliance with reciprocity test; Stay of proceedings

Evidence - Subpoenas, Practice - Issue of Warrant; Witness served in Queensland with a subpoena to give evidence fails to attend. He was paid $140, advised that he could collect his air ticket at the airport, and that he had been booked into a particular hotel for which the party issuing the subpoena would pay. Two letters were provided from a doctor to the effect that he had a medical reason not to attend. Party issuing the subpoena seeks a warrant to have the witness bought to Court. HELD (1) that Pt.37 r.3(1) of the Rules and s.32(1) of the Service & Execution of Process Act require money for expenses to be tendered, but that money need not be tendered for expenses in relation to which appropriate assurance is given that such expenses will not be incurred at all; (2) even if a warrant may be issued under Pt.42 r.7(1) of the Rules where the requirements of s.194(1) of the Evidence Act are not satisfied, in the circumstances of this case it was necessary to satisfy those requirements; and (3) the onus of proving that the non-appearance was without just cause or reasonable excuse had not been satisfied.

Corporations - companies - statutory demand - requirements for valid service at registered office - creditor not obliged to notify company at some other address - oral notification of change of address does not estop creditor from relying on valid service at registered office; Court’s discretion to grant leave to challenge debt at hearing of winding up summons - creditor disregards company’s notification of new address - company unaware of demand during period for compliance - genuine dispute - Commonwealth Places (Mirror Taxes) Act 1998 (Cth) - whether company’s conduct is relevant to genuineness of dispute - where dispute as to existence of debt raises a constitutional issue; Constitutional law - notices to Attorneys-General under s.78B of the Judiciary Act 1903 (Cth) - dispute about debt for State tax.

Appeal - Master - consent orders - grounds for appeal - procedure for challenging validity of consent; Corporations Law - statutory demands - Court's power to vary

Consolidation; Jury Act s 38(8); Interrogatories

contracts review - mortgage agreement - unfairness not established

Tort: injurious falsehood - element of damage; Abuse of process

Conveyancing [17]; Misdescription; Area; Strata Plan; Difference in area from plan as registered; Significance; Real Property [453] ; Strata Titles; Area of lot; Problems with respect to change in measurement by statute between 1966 to present.

Argument as to costs

Application to set aside statutory demand. Whether there was sufficient evidence to establish quantum of the offsetting claim - held there was insufficient evidence.

Procedure [111]; Subpoena; Access; When access should be granted.

FAMILY LAW; De Facto Relationships; procedural directions for sum to be set aside for payment of F's costs out of proceeds of sale of co-owned house; no important question of legal principle

Building Construction; JCCB 1985; Retention; security deposit by Bank bond; interlocutory decision requiring amount of bond withdrawn by proprietor from Bank to be re-deposited pending determination of entitlements; no important question of principle

Criminal Law and Procedure - Sentence - Murder - Factors of Premeditation, Age of Offender, Relationship With Victim

CRIMINAL LAW AND PROCEDURE – appeal against sentence – malicious wounding with intent to do grievous bodily harm – victim was applicant's estranged wife – applicant lost self control while under stress – whether sentencing judge failed sufficiently to take into account applicant's belief that his wife had treated him unfairly – whether sentencing judge should have entered into a determination of the merits of the matrimonial disputes between the applicant and his wife

CRIMINAL LAW AND PROCEDURE – kidnapping – Crimes Act 1900, s 90A – meaning of "substantial injury" – relevance of forgiveness by complainant in domestic violence type offences.

CRIMINAL LAW AND PROCEDURE – application to set aside a plea of guilty – claimed misunderstanding by appellant evidence in support of claim rejected –sentence – 2 years minimum term and 2 years additional term for sexual intercourse without consent – forgiveness by complainant with whom appellant had intermittent relationship – held sentence not outside appropriate range