Cases and authorities

CRIMINAL PROCEDURE – warrants – documents seized pursuant to execution of warrants – copies in custody of Court – where investigations regarding criminal behaviour complete – return of documents to persons legally entitled – where Commissioner has no power under Law Enforcement (Powers and Responsibilities) Act – orders made

LAND LAW — Torrens title — compensation for loss of interest in land — Torrens assurance fund — causation of loss LAND LAW — Torrens title — exceptions to indefeasibility — omitted or misdescribed easement ENVIRONMENT AND PLANNING — environmental planning instruments — local environment plan — inconsistent with terms of easement VALUATION — value — development potential

INTERLOCUTORY INJUNCTIONS – ex parte application made to vacation Duty Judge for passport orders and third-party freezing orders – plaintiff transferred $14M to Singapore in 2021 to defendants’ bank account – Court told there was “big black hole” as to what has happened to the money – Court informed it was “a very sophisticated equitable fraud” – Court not taken to the exhibits which documented what had happened to the money – Court not taken to material indicating that defendants posed no flight risk, including a report from a private investigator. FREEZING AND PASSPORT ORDERS – principles at [6]-[11] – duty of candour on ex parte applications – principles at [12]-[15] – material non-disclosure – orders discharged.

CONTRACTS – Construction – Interpretation – Construction of insurance contract – Whether appellant fell within definition of “Named Insured” in the Policy – Where appellant supplied labour to a sub-contractor undertaking demolition works for principal contractor – Whether “agent” in Policy bore the strict legal meaning of “agent” or more colloquial meaning of intermediary or someone who provides services for another – Whether as a sub-sub-contractor of principal contractor the appellant was a sub-contractor of the principal within the meaning of the policy – Whether appellant was an “agent” of the sub-contractor

CIVIL PROCEDURE – pleadings – amendment – late application for amendment – inadvertence of counsel in preparing previous versions of pleadings – where all defendants, through a Heads of Agreement, agreed to contribute one third of damages payable irrespective of final judgment – where first defendant’s financial position remains unaffected by proposed amendments – no prejudice occasioned by delay NEGLIGENCE – vicarious liability – relationship akin to employment – whether the owner of a school can vicariously be liable for the conduct of a teacher belonging to an order of Catholic nuns – vicarious liability to be determined based on factual evidence led

CHILD WELFARE – parentage – declaration of non-parentage

CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where plaintiff in custody for serious indictable offence – where proceedings commenced before leave was sought – where plaintiff claimed to have been assaulted when a minor and held at Mt Penang Training School – leave granted

EQUITY - Equitable remedies - Injunctions - Breach of confidence - Conduct constituting breach - restraining third parties from using confidential information - unidentified Internet hackers steal data from private databases controlled by the plaintiffs – the plaintiffs are partners conducting legal practice in a national law firm – plaintiffs filed proceedings by summons and are granted an interlocutory injunction against “persons unknown” – orders made to bring the summons and affidavits in support to the attention of the unknown actors who stole the data – the unknown actors do not appear – plaintiffs seek to enter default judgment against the unknown actors –– whether the data taken from the plaintiffs was identifiable, whether it had the necessary quality of confidence, whether it was received by the defendants in circumstances importing an obligation of confidence and whether there is actual or threatened misuse of the information. CIVIL PROCEDURE — Parties — Joinder — Of defendants – whether default judgment can be entered against the defendants, described as persons unknown – whether the Court should grant injunctive relief against the defendants, described as persons unknown – what allowance should be made for the possibility that persons presently described as persons unknown may later be identified and further relief sought against them.

COSTS – indemnity costs – Calderbank letters – orders made dismissing the plaintiff’s proceedings with a costs order made against the plaintiff on the ordinary basis – stay granted on the orders for dismissal, provided the plaintiff complied with several procedural requirements designed to progress the proceedings – plaintiff fails to comply with the procedural requirements and proceedings are dismissed – two Calderbank letters served – whether the first Calderbank letter is effective – the second Calderbank letter stipulates for a term that the plaintiff will not disparage the defendant and that any settlement arising for acceptance of the letter will be kept confidential – discussion as to whether the second Calderbank letter is likely to be ineffective.

CIVIL PROCEDURE — Interlocutory applications — contract of employment – defendant leaves the plaintiff’s employ – contested interlocutory application to enforce a noncompetition covenant and restraints on solicitation of the plaintiff’s clients and employees and misuse of its confidential information – plaintiff concerned about the effectiveness of the interlocutory restraints against the defendant – application resolved on the basis of certain interlocutory restraints but supported by an ancillary regime for the preservation of the defendant’s electronic business communications.

COSTS — Court of Appeal — party/party costs orders — application to vary costs order in favour of respondent — general rule that costs follow the event — where appeal allowed in part and only nominal damages awarded – where appellant failed on all other grounds of appeal — where costs awarded to respondent to reflect practical outcome of appeal — whether award of nominal damages justify a costs order in favour of appellant

VALUATION OF LAND – Compulsory acquisition – land transferred to public authority as condition of development consent – Compensation – land valued according to principles of compulsory acquisition – Construction of s 56(1)(a) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – Determination of market value – decrease in land value attributed to public purpose – Statutory disregard – Identification of public purpose CAUSATION – whether public purpose caused decrease in land’s value – where owners sought and obtained development consent – whether owners proved a decrease in value of land by comparison with hypothetical use which would have occurred but for public purpose

APPEALS – costs – consequential orders – no question of principle

CRIME — Appeal under s 5F Criminal Appeal Act 1912 (NSW) — Sexual offences — Historical indecent assaults — Where female teacher allegedly engaged in sexual activities with male teenage students in 1978 — Whether a female capable of committing the offence of indecent assault upon a male person under the now-repealed s 81 of Crimes Act 1900 (NSW)

CRIME – appeals – appeal against sentence –whether an Adverse Publicity Order should be substituted with a form of order reflecting the findings subsequent to a conviction appeal – Adverse Publicity Order quashed and substituted

CRIMINAL LAW – sentencing – murder – cold blooded execution – grandmother killed by shotgun blast in doorway of own home – wanton violence – motive of shooter unclear – assessment of objective criminality – relevant factors to instinctive synthesis – life imprisonment – whether such a sentence warranted – two stage approach – application of authority despite misgivings – aggravating circumstances – relevance of psychiatric assessment – limited relevance – history of childhood trauma and exposure to violence – reduction in moral culpability – devastating impact on victim’s family CRIMINAL LAW – sentencing – manslaughter – unlawful and dangerous act – dissonance and disconnect between joint criminal enterprise entered by the offender and actuality of brutal assassination – older offender – unusual criminal history – where drug offences committed at around the same time – totality – cumulation and concurrence – commencement date – special circumstances – belated but genuine expression of remorse – unusual procedure – where offender addresses victim’s family from the dock – sentence moderated with leniency

EMPLOYMENT AND INDUSTRIAL LAW – Whether first plaintiff entered into employment contracts with first to third defendants as agent for second plaintiff – Whether first plaintiff held promises in employment contracts on trust for second plaintiff – Whether employees owed an implied obligation of fidelity to their employer – Whether employees breached the terms of their employment contracts EQUITY – Fiduciary duties – Whether defendant employees owed fiduciary duties to first and second plaintiffs – Whether any breach of fiduciary duty – Whether knowing assistance by fifth defendant in any breach of fiduciary duty CORPORATIONS – Directors and officers – Whether first and third defendants were officers of the second plaintiff – Whether the defendants breached any duties owed as officers of the second plaintiff – Whether any involvement by fifth defendant in any such contravention EQUITY – Equitable remedies – Equitable compensation – Causation – No claim for loss of opportunity – Whether plaintiffs established loss of contracts as a result of breach – Assessment of loss suffered as result of breach DAMAGES – Whether any loss suffered as a result of breach of contractual provision regarding notice period – Nominal damages for breach of employment contracts by employees EMPLOYMENT AND INDUSTRIAL LAW – Whether employer repudiated contract – Whether employee elected to affirm contract – Whether employee agreed to vary contract – Whether employer liable for damages for unpaid salary and unpaid bonuses EVIDENCE – Defendants tendered statements obtained in course of internal investigation by Department of Defence concerning potential criminal offences – Whether representations fell within s 69(3) of the Evidence Act 1995 (NSW) – Whether evidence should be excluded pursuant to s 135 – Tender rejected PRACTICE AND PROCEDURE – Leave to amend – Whether leave should be granted to amend pleading to align with case run at trial – Whether first defendant objected to case being run outside pleading or engaged with that case – Whether amendment expanded matters at issue in proceedings

PARTNERSHIP – accounts – third parties ordered to account to partnership firm jointly and severally with partners – form of orders – no set-off between third parties’ liabilities to account and distributions to partners PARTNERSHIP – winding-up – directions – lodgement of future tax returns – obtaining of advice on lodgement of past tax returns COSTS – multiple claims involving multiple parties and having mixed success – application of rule that costs follow the event – order in favour of successful plaintiff on partnership claims and subsequent account to quantify defendant’s liability – order against unsuccessful plaintiff for costs solely referable to unsuccessful non-partnership claim – indemnity costs – informal offer not distinguishing between plaintiffs – indemnity costs refused

CRIMINAL LAW — joinder of counts — severance of counts — whether offences arose out of same set of circumstances — s 29 of the Criminal Procedure Act 1986 (NSW) — where one count relates to an allegation of aggravated sexual assault wholly unrelated to an allegation of murder — where proof of count 4 is wholly irrelevant to proof of other counts — the interests of justice — application of s 29(2) and s 29(3) of the CPA on indictment — application of s 21(2)(b) of the CPA on indictment — whether joinder of count 4 results in a “positive injustice” to co-accused

CIVIL PROCEDURE – pleadings – where plaintiff is a self-represented litigant – where plaintiff given a number of opportunities to re-plead – whether leave to file further amended statement of claim should be granted – refused – whether pleadings disclose a reasonable cause of action – whether proceedings should be dismissed – whether plaintiff should be given a further opportunity to replead – whether guillotine order should be made

EQUITY – Trusts and trustees – Express trusts – Reconstituting trust fund – Determining corpus of trust – tracing – where trust funds used to buy real property which was later sold – whether trust funds should be traced into sale proceeds and how far – whether trust funds should include figure for notional rent – whether income taxation should be deducted from trust funds EQUITY – Trusts and trustees – Trustee’s indemnity for expenses properly incurred in administration of trust – indemnity to be deducted from corpus of reconstituted trust – whether claimed expenses were in connection with administration of trust – where trustee denied existence of trust at the time some expenses incurred

EQUITY – trusts and trustees – where siblings transferred assets and businesses to parent and new companies established in parent’s name – where new business structure intended for asset protection and “asset warehousing” by parent – whether agreement, assumption or common understanding that parent held legal ownership of assets and shares in name only – where siblings continue to operate businesses – whether parent holds interest on trust for siblings – express trust – common intention constructive trust – estoppel – finding of intention to create express trust – finding of common intention – whether binding contract EQUITY – statute of frauds – Conveyancing Act 1919 (NSW), ss 23C, 54A – part performance – whether part performance applies to oral declaration of trust EQUITY – trusts and trustees – express trust – discretionary trust – power of appointment – estoppel – whether trustees estopped from exercising power of appointment other than in accordance with representations to beneficiary – whether breach of non-fettering principle

CIVIL PROCEDURE – Pleadings – Form and content of pleading – Proposed amendment to pleading – Whether amendment to pleading causes prejudice – Where an amendment to pleading is proposed close to the final hearing.

HIGH RISK OFFENDERS – application for an extended supervision order high risk sex offender – defendant with intellectual disability and diagnosed paedophilic disorder – orders previously made under the Act – limited dispute only as to conditions – whether condition requiring abstinence from alcohol should be made

COSTS – party/party – costs of proceedings concerning right of carriageway – where plaintiff substantially but not entirely successful – where adverse factual findings against defendants – broad brush apportionment of costs in case of mixed success – Contempt of court – where plaintiff ordered to pay costs after withdrawing earlier contempt application – where defendants now admitted breach of orders – whether earlier costs order should be revisited – application of UCPR r 36.16(3)

CRIME – appeal against sentence – environmental offences – appellant pleaded guilty to three offences contrary to s 144AA(2) and one offence contrary to s 144AA(1) of the Protection of the Environment Operations Act 1997 (NSW) – transmission of false or misleading information during the course of dealing with waste – three offences of knowingly providing false information – hundreds of weighbridge documents falsified and provided to developers and site auditors – further false documents created to conceal earlier offending – whether primary judge erred in assessing harm and risk of re-offending – whether fines totalling $943,650 manifestly excessive – consideration of nature of ground alleging manifest excess – consideration of whether offending a “single course of conduct” and significance of that conclusion – whether errors in assessment of totality and parity – whether participation in statement of agreed facts a separate mitigating factor – appeal allowed and offender resentenced

CRIME – Appeals – Appeal against conviction – two counts of sexual intercourse without consent – whether trial judge failed to properly direct the jury on all the elements of the offence – concession by the applicant’s trial counsel that there was no issue as to consent or knowledge of lack of consent – no request for further directions at trial – whether further directions were required – whether miscarriage of justice – whether verdicts were unsafe and unsatisfactory – inconsistencies in evidence of Crown witnesses – whether complainant had motive to fabricate her evidence – whether inconsistencies and discrepancies lead to the conclusion that the jury acting rationally ought to have entertained a reasonable doubt

APPEAL – crime – sentence discount for guilty plea – sentencing discount to aggregate sentence rather than indicative sentences APPEAL – crime –– several times the commercial quantity of cocaine – whether this was an error of fact in sentencing APPEAL – crime – sentencing – objective seriousness – reference to “many multiples of the commercial quantities” – whether this was an error to the extent it referenced cocaine SENTENCING – appeal against sentence – role of appellate court – exercising the sentencing discretion afresh – effect of Kentwell v The Queen

EVIDENCE – tendency evidence – tendency rule – proposed tendency evidence precedes the events the subject of proceedings by almost 20 years – significant probative value – proposed evidence capable of proving facts in issue either alone or in conjunction with other evidence – where defendant’s statement indirectly addresses allegations raised in proposed evidence – no unfair prejudice occasioned

CIVIL PROCEDURE – asset preservation orders — continuation of order after judgment – prima facie case – claims rejected but subject to appeal not relevant – further accounting claims pursuant to judgment – risk of dissipation of assets – defendants are individuals resident in Australia – outcome of accounting proceedings unclear – order discharged

REAL PROPERTY – Sale of land - Repairs – Duty to repair – Obligation under bespoke agreement between vendor and purchaser CONTRACT – terms and conditions – construction and interpretation of contract

ENVIRONMENT AND PLANNING — Land and Environment Court — Practice and procedure — order for access — where concurrent contempt proceedings — privilege against self-exposure to penalty — waiver of privilege against self-exposure to penalty — where affidavit served but not read.

LAND LAW – possession of land – by mortgagee – where defence filed neither signed nor verified – where no defence disclosed – defence struck out

EQUITY – fiduciaries – withdrawals from principal’s bank account by signatory – whether amounts paid to benefit of signatory and his family – whether transactions authorised by principal – whether agent established fully informed consent – nature of relief awarded PROBATE – revocation of grant – principal beneficiary under will seeks revocation of probate granted to executors who were children of signatory to deceased’s account and recipients of money alleged to have been wrongfully withdrawn – representative order under UCPR r 7.10 made

JUDGMENTS AND ORDERS — Where parties seek to vacate order as to costs from related matter CIVIL PROCEDURE — Uniform Civil Procedure Rules — Apportionment of recoverable costs COSTS — Party/Party — Exceptions to general rule that costs follow the event — Offers of compromise/Calderbank offers — Whether to apportion costs incurred after offer of compromise — Where plaintiffs ultimately successful in only one of several claims brought against defendant

ENVIRONMENT AND PLANNING – offences - waste disposal – pollution of land – time for commencement of proceedings – when evidence first came to attention of authorised officer – whether individuals appointed as authorised officers – proceedings dismissed as time-barred – appeal – misconstruction of applicable statute for appointment of authorised officers APPEAL – dismissal of proceedings for offences as time-barred – when evidence first came to attention of relevant authorised officer – whether individuals appointed as authorised officers – instrument of delegation of functions to individuals – delegation of functions not appointment as authorised officer – misconstruction of applicable statute for appointment of authorised officer - misdirection by consideration of non-applicable statute delegating functions – conflation of different statutory powers LIMITATION OF ACTIONS – limitation period for commencement of proceedings for offences – when evidence of offence first came to attention of authorised officer – appointment of authorised officer – delegation of functions not appointment as authorised officer

COURTS AND JUDICIAL SYSTEM – Judges – Recusal – Bias – Where member of intermediate appellate bench had previously made findings adverse to applicant in previous cases – Where full bench should determine recusal application for single member – Whether previous adverse decisions can ground reasonable apprehension of bias – Recusal application refused as no reasonable apprehension of bias or actual bias established by previous judgments

OCCUPATIONS — Nurses — Qualification and registration — Impairment — Competence — Where Tribunal found that a registered nurse suffered an impairment — Where registered nurse held not to be competent to act as a nurse — Where Tribunal found impairment rendered nurse a significant risk to health and safety of the public — Registration cancelled and non-review period imposed — Nurse prohibited from providing health services APPEALS — Leave to appeal — Appeal as of right on questions of law — Where no clear grounds of appeal advanced — No errors of law established — No errors in Tribunal’s finding of fact — Leave to appeal refused — Appeal dismissed

APPEALS – leave to appeal – whether leave required – monetary threshold – where no realistic prospect of parties being awarded damages in excess of $100,000 EVIDENCE – witness evidence – reliability of witness evidence – fallibility of memory over time – where applicants had strong views as to evidence consistent with them having become entrenched in a factual position not necessarily based upon actual recollection – no error in primary judge’s assessment of evidence CONSUMER LAW – misleading or deceptive conduct – “likely” to mislead or deceive – where standard form cost plus contract prepared with price estimate of $300,000 – whether price estimate misleading or deceptive – clear warnings in contract CONSUMER LAW – misleading or deceptive conduct – contract for residential renovation works – requirement that plaintiff prove loss – where property partially renovated – price paid under contract less than value of building works completed – where plaintiff seeking damages to reflect increased cost of building works CONSUMER LAW – unconscionable conduct – whether conduct unconscionable – breach of terms of standard form cost plus contract – where respondent sent invoices and spreadsheets rather than budget reports – invoices issued by respondent in no way prevented applicants from querying costs claimed

COSTS – security for costs – application for security for costs pending appeal – UCPR r 51.50 – whether “special circumstances” exist – application dismissed – no issue of principle

WORKERS COMPENSATION — damages for personal injury — Workers Compensation Act 1987 (NSW) s 151Z — whether employer able to claim recovery of compensation payments from third party tortfeasor under s 151Z(1)(d) in circumstances where employer was joint tortfeasor — construction of s 151Z(2)(e) — whether worker “does not accept satisfaction of the judgment against that employer” — liability of worker to repay compensation out of damages under s 151Z(1)(b) COSTS — where appellant enjoyed partial success on appeal — where multiple cross-claims dismissed — no issue of principle

LAND LAW – Indigenous land rights – Aboriginal and Torres Strait Islander Act 2005 (Cth) – Conditional grant of land pursuant to statutory functions – Validity of conditions upon grant of land – Challenge to the validity of transfer of land by persons not party to the transfer LAND LAW – Indigenous land rights – Claims for general equitable Indigenous title separate to native title LAND LAW – Adverse possession – Consent of documentary owner CONSTITUTIONAL LAW – Commonwealth Constitution – Race – Scope of legislative power under s 51(xxvi) – Aboriginal and Torres Strait Islanders peoples as distinct “people of any race”

Immigration – Visas – Application for visa – Where delegate of Minister refused to grant visa under s 501 of Migration Act 1958 (Cth) as plaintiff did not pass character test and considerations favouring non‑refusal outweighed by considerations favouring refusal – Where delegate was required to comply with Direction No 90 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA ("Direction 90") in determining whether to refuse to grant visa – Where Direction 90 required decision‑maker to take into account considerations, including protection of Australian community (para 8.1), any engagement in family violence by non‑citizens (para 8.2), best interests of minor children affected by decision (para 8.3), and expectations of Australian community (para 8.4) – Whether delegate failed to comply with para 8.3(1) of Direction 90 or failed to inquire about status of minor child in circumstances where it was legally unreasonable not to do so – Whether para 8.2 of Direction 90 permitted delegate to give weight to family violence considerations in circumstances where delegate had given weight to considerations under other paragraphs – Whether para 8.2 invalid – Whether delegate misapplied para 8.4 of Direction 90. Words and phrases – "direction", "double counting", "failure to consider", "failure to inquire", "illegitimate purpose", "irrational, illogical, or legally unreasonable", "legally unreasonable", "primary consideration", "relevant considerations", "relevant, legitimate, and non‑punitive", "repetitious weighing". Migration Act 1958 (Cth), ss 499, 501, 501

Native title – Native title rights – Mining – Mineral leases – Where s 24MD(6B) of Native Title Act 1993 (Cth) entitles native title holders to certain procedural rights in relation to future acts that, relevantly, involve "the creation or variation of a right to mine for the sole purpose of the construction of an infrastructure facility ... associated with mining" – Where Mount Isa Mines Limited carries on mining enterprise in Northern Territory – Where Mount Isa Mines Limited applied for mineral lease ("ML 29881") under Mineral Titles Act 2010 (NT) to construct Dredge Spoil Emplacement Area ("DSEA") on pastoral lease – Where first and second appellants native title holders in respect of land comprising pastoral lease – Where third appellant relevant prescribed body corporate for the purposes of Native Title Act – Whether appellants entitled to procedural rights in s 24MD(6B) of Native Title Act – Whether proposed grant of ML 29881 constitutes creation of right to mine for sole purpose of construction of infrastructure facility associated with mining pursuant to s 24MD(6B)(b) of Native Title Act – Whether definition of "infrastructure facility" in s 253 of Native Title Act exhaustive – Whether DSEA infrastructure facility. Words and phrases – "associated with mining", "definition", "dredging", "exhaustive", "explanatory memorandum", "extrinsic materials", "future act", "includes any of the following", "infrastructure facility", "mine", "mineral lease", "mining", "mining lease", "mining operations", "mining tenement", "native title holders", "ordinary meaning", "right to mine", "right to negotiate", "sole purpose", "statutory interpretation". Acts Interpretation Act 1901 (Cth), s 15AB. Mineral Resources (Sustainable Development) Act 1990 (Vic), ss 4(1), 14(1). Mineral Resources Act 1989 (Qld), ss 234(1)(b), 316(2). Mineral Resources Development Act 1995 (Tas), ss 3, 84(1)(a), 106(1). Mineral Titles Act 2010 (NT), ss 11(1), 12(1), 40, 44, 74(2), 86, 148. Mining Act 1971 (SA), ss 6(1), 48(1). Mining Act 1978 (WA), ss 85(1)(d), 87(1). Mining Act 1992 (NSW), s 73(1)(c). Native Title Act 1993 (Cth), ss 24MD(6A), 24MD(6B), 26(1)(c)(i), 26(2), 226, 253.

CIVIL PROCEDURE — Stay of execution — Where the Court ordered the First and Second Defendants specifically to perform a Contract for the Sale of Land purchased by the First Defendant company whose obligations have been guaranteed by the Second Defendant – Where the Second Defendant (but not the First Defendant) has lodged an appeal against the orders against him – Where the First and Second Defendants have not complied with the Court’s orders the operation of which have not been stayed – Where the Court made additional orders in aid of enforcement including an order for the Second Defendant to attend and be examined and the examination is imminent – Where the Second Defendant now seeks a stay of the specific performance orders but not a stay of the examination but opposes the examination taking place on the footing that costs will be incurred – Where the Second Defendant has not explained his default in complying with the specific performance orders – Where the Second Defendant’s grounds for a stay are that, contrary to previous statements that the Defendants did not have the money to complete the Contract, he now says that they do or will have the money – Held the Second Defendant’s appeal is arguable but the Second Defendant has not established circumstances warranting the grant of a stay – Obiter the Court would not have stayed the examination even if the orders for specific performance were stayed.

EVIDENCE – tendency evidence – tendency rule – Evidence Act 1995 – where proposed tendency evidence not identified in tendency notice – where proposed tendency evidence incapable of proving facts in issue either by itself or in conjunction with other evidence

CIVIL PROCEDURE – application to set aside freezing order – whether non-disclosure sufficient to discharge order

PRIVATE INTERNATIONAL LAW – Foreign judgments and orders – Recognition or enforcement at common law – People’s Republic of China – Zhengzhou Intermediate People’s Court of Henan Province – Judgment enforced

EQUITY – equitable remedies – injunction – application for interlocutory injunction to restrain sale of land by mortgagee – where serious question to be tried that power of sale has arisen – where balance of convenience did not favour granting relief

ADMINISTRATIVE LAW – workers compensation – judicial review of Medical Appeal Panel – where Appeal Panel confirmed medical assessment certificate determining worker’s whole person impairment at 17% – whether Appeal Panel erred in assessment of deduction in whole person impairment owing to pre-existing condition