Cases and authorities

CIVIL PROCEDURE – pleadings – amendment – applications for leave to amend pleadings – where first defendant makes second application seeking leave to file an amended cross claim against the plaintiff – where the second application is similar to, but in some relevant aspects different to, the first application determined by the Court – whether the Court should determine the second application without being bound by the outcome of the first application or the reasons provided by the Court in its determination of the first application – whether the proposed amendments in the second application cure the deficiencies identified by the Court upon the determination of the first application – consideration of the principles and procedures that are to be applied by the Court when a party seeks to make a new interlocutory application on a subject that has already been determined by the Court – held that the Court is not bound by the conclusions reached in respect of the first application if material changes have been made to the wording of the draft amended cross claim – held that the amended cross claim the subject of the second application suffers from the same deficiencies as the amended cross claim the subject of the first application – no justification established for the Court to depart from the rulings made in respect of the first application in the determination of the second application

CIVIL PROCEDURE – Application to set aside orders – where appellant complains Court overlooked submissions – where appellant fails to account for how case conducted below – where Court did not fail to address complaint in any case COSTS – Party/Party – Appeals – appeal allowed only in relation to minor issue which took up insignificant amount of time and resources – appellant given opportunity to make brief submissions on tentative costs orders

State Parliament – Parliamentary privilege – Where Crime and Corruption Commission ("Commission") conducted investigation in response to complaint alleging corrupt conduct and maladministration by Public Trustee of Queensland – Where Commission then composed Report on allegations and investigation – Where Commission sought to use Parliamentary Crime and Corruption Committee ("Committee") to make Report public – Where Commission requested Committee direct under s 69(1)(b) of Crime and Corruption Act 2001 (Qld) ("CC Act") that Report be given to Speaker of Legislative Assembly to be tabled in Legislative Assembly – Where s 69(1)(b) direction not given prior to or during court proceedings – Where Committee issued certificate under s 55 of Parliament of Queensland Act 2001 (Qld) ("POQ Act") certifying Report was a document prepared for the purposes of, or incidental to, transacting business of the Committee under s 9(2)(c) of POQ Act – Where s 9 of POQ Act defined "proceedings in the Assembly" to include "all words spoken and acts done in the course of, or for the purposes of or incidental to, transacting business of the Assembly or a committee" – Where "proceedings in the Assembly" could not be impeached or questioned in any court under s 8 of POQ Act – Whether court precluded by s 8(1) of POQ Act from making declaration concerning Report because preparation and presentation of Report were "proceedings" in Legislative Assembly. Statutes – Construction – Statutory powers – Where CC Act established Commission and its functions and powers – Where Commission conducted investigation into alleged corrupt conduct – Where only consequent actions Commission took under CC Act were referring information to Attorney-General and making recommendations to Acting Public Trustee – Where s 69 of CC Act applied to report on public hearing, research report or "other report" that Committee directs be given to Speaker of Legislative Assembly – Whether Report was "other report" for purposes of s 69(1)(b) of CC Act. Words and phrases – "adverse comment", "business of the Assembly or a committee", "corrupt conduct", "corruption functions", "for the purposes of, or incidental to, transacting business", "impeached or questioned in any court", "investigations and reporting", "parliamentary privilege", "proceedings in the Assembly", "reporting powers", "tabling requirements", "unit of public administration". Crime and Corruption Act 2001 (Qld), ss 49, 64, 69. Parliament of Queensland Act 2001 (Qld), ss 8, 9, 55.

Industrial law (Cth) – Prohibition of taking adverse action against person to prevent exercise of workplace right – Workplace right – Where s 340(1)(b) of Fair Work Act 2009 (Cth) provided that person must not take adverse action against another person to prevent exercise of workplace right – Where Qantas Airways Ltd made decision to outsource ground handling operations – Where outsourcing decision was adverse action in respect of affected employees – Where at time of outsourcing decision affected employees had no presently existing workplace right to organise and engage in protected industrial action and to participate in enterprise bargaining – Whether prohibition in s 340(1)(b) of Fair Work Act only prohibited adverse action taken to prevent exercise of presently existing workplace right. Words and phrases – "adverse action", "contingent right", "enterprise bargaining", "presently existing right", "prevent", "protected industrial action", "rebuttable presumption", "substantial and operative reasons", "workplace law or workplace instrument", "workplace right". Fair Work Act 2009 (Cth), ss 340, 341, 361.

PROCEDURE – ex parte proceedings - proceeds of crime – orders made pursuant to ss 10A, 10B, 12, Criminal Assets Recovery Act 1990 – orders made pursuant to s 101 of the Civil Procedure Act 2005 - an order for interest – orders made pursuant to r 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 - these orders are to take effect as of the date hereof

CIVIL PROCEEDINGS – Felons (Civil Proceedings) Act 1981 (NSW) – leave to commence proceedings - Leave granted nunc pro tunc – suppression orders

PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) – that personal service of the statement of claim in the proceeding be dispensed with pursuant to UCPR r 10.14(1) – service dispensed according to the orders made – orders made

CIVIL PROCEDURE — Court of Appeal — Stay of judgment pending appeal — Judgment for possession of Crown land — Where applicant claims adverse possession — Whether proposed appeal raises an arguable case — Whether balance of convenience favours stay of enforcement of judgment

COURT OF APPEAL — procedure — application to reopen judgment — where Court inadvertently omitted to deal with application to review decision of Registrar — whether error in case management decision of Registrar CIVIL PROCEDURE — stay of proceedings — stay pending determination of special leave application to the High Court — whether sufficient prospect of obtaining special leave

PRACTICE AND PROCEDURE – application for recusal – claim of prejudgment – no basis for claim presented – request refused

OCCUPATIONS — Legal practitioners — Barristers — Qualifications and admission — Refusal of grant of practising certificate as a barrister — Where Bar Council determined applicant not fit and proper person to hold practising certificate — Where applicant held practising certificate as a solicitor — Whether Bar Council bound by Law Society Council’s determination that applicant was fit and proper person — Legal Profession Uniform Law (NSW), ss 44(1) and 45(2) APPEALS — Leave to appeal — Challenge to striking out summons seeking declaratory relief that applicant fit and proper person to hold Australian practising certificate — Where Bar Council refused to grant practising certificate — Where right of appeal from Bar Council’s decision on merits not exercised — Legal Profession Uniform Law (NSW), s 100(1) — Whether issue of principle, general public importance or relevant injustice ADMINISTRATIVE LAW — Whether reviewable error of law — Application for judicial review of Bar Council’s decision to refuse to grant practising certificate — Whether jurisdictional error or error of law on face of the record — Whether failure to accord applicant procedural fairness CIVIL PROCEDURE — Court of Appeal — Review of orders of judge of appeal — Where judge of appeal dismissed contempt charges and challenge to registrar’s orders — Whether applicant demonstrated error of principle or decision was plainly wrong — Supreme Court Act 1970 (NSW), s 46(4)

COMMERCE — Restraint of trade — Deed of settlement of litigation involving allegations of misleading or deceptive conduct, passing off, and unconscionable conduct — Where respondent instituted proceedings to restrain appellant and company controlled by him from “raptorising” its vehicles — Where “raptorisation” connotes affixing materials to respondent’s vehicles — Where appellant undertakes that neither he nor his “Related Entities” will engage in conduct proscribed by deed — Where appellant’s company subsequently engage in conduct proscribed by deed — Whether restraint of trade doctrine applies to deeds of settlement — Whether mandatory and prohibitive injunctive relief appropriate in circumstances of case — Held that undertaking not void as being in restraint of trade — Injunctive relief granted EVIDENCE — Admissibility of evidence of prior orders of Common Law Division to prove existence of fact in issue — Where fact in issue quantum of respondent’s loss caused by appellant’s breaches of covenant and indemnity — Where no other evidence sought to be adduced to quantify loss — Whether prohibition in s 91(1) of Evidence Act 1995 (NSW) extends to orders — Evidence of prior orders held inadmissible CONTRACTS — Breach of contract — Remedies — Equitable remedies — Injunctions — Whether undertaking not to engage in proscribed conduct better characterised as undertaking or warranty — Whether classification of term as warranty preclusive of injunctive relief — Held that classification of term irrelevant to grant of injunctive relief

CRIMINAL LAW — Fitness to be tried — Accused charged with murder — Where the accused is mentally and cognitively impaired — Whether the accused’s impairment can be ameliorated by the Court modifying the process and sitting hours — Accused unfit to be tried — Whether the accused “will not become fit” within 12 months

CIVIL PROCEDURE — Application to adjourn a vesting application — Where interested party sought an adjournment to progress a proposed deed of company arrangement — Whether adjournment would facilitate the just, quick and cheap resolution of the real issues in dispute in the proceedings. CORPORATIONS — Winding up — Conduct of liquidation — Where disclaimer of onerous property has occurred — Whether Commonwealth has interest in the property under the principle of bona vacantia — Whether vesting order should be made.

EQUITY – breach of fiduciary duty – where plaintiff seeking relief against former employee and former employee’s consulting company – where second defendant is self-represented and failed to appear in court – where second defendant created invoices for a third party and used position for personal gain

COSTS — Party/Party — Bases of quantification — Indemnity basis — Calderbank offer — Unreasonable rejection

CORPORATIONS — Statutory derivative action — Application to bring proceedings on behalf of company — Whether leave should be granted and, whether leave should be granted conditionally on applicant giving certain undertakings and indemnities in relation to the costs of the proceedings. CIVIL PROCEDURE — Service outside Australia — Where plaintiffs contend that service outside Australia on fourth defendant company registered in the People’s Republic of China is permissible without leave under Part 11 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) — Where fourth defendant has not filed an appearance in the proceedings — Where plaintiffs seek leave under UCPR r 11.8AA to proceed against fourth defendant — Where plaintiffs have purported to serve the defendant company by email and without providing the notice required by UCPR r 11.7 — Where plaintiffs sought order for substituted service as a means of sidestepping the requirement to serve that notice — Where evidence did not establish a basis for an order for substituted service, and such an order would not remove the need for plaintiffs to serve r 11.7 notice in any event — Where plaintiffs also sought an order dispensing with the requirement to serve the r 11.7 notice — Where evidence did not establish that that such dispensation would be appropriate in this case — Plaintiffs’ application for leave under UCPR r 11.8AA adjourned pending service of fourth defendant in accordance with UCPR r 11.8AC, including UCPR r 11.7 notice.

LAND LAW — Mortgages — Interim Management Order — Whether Manager engaged in conduct which necessitated vacation of the management order — Where business conducted through other corporate entity — Business continued to be operated for the benefit of the party in possession — Conduct not of a kind requiring vacation of the Order

LOAN AND GUARANTEES – where lender sought to enforce charging clause in guarantees against guarantors’ interests in certain property owned by the guarantors and two other persons as joint tenants – where guarantors alleged they had not signed the loan agreement and guarantees and that the signatures appearing to be theirs were forgeries – where guarantors failed to disclose their onus of proving forgery – where no other ground of opposition raised to lender’s claim for order under s 66G of the Conveyancing Act 1919 (NSW) appointing trustees for sale of property on statutory trust for sale – order made.

CONTEMPT OF COURT – sentence – refusal to give evidence – use of foul and abusive language – where contemnor refused to give evidence due to fears for his safety – contemnor assaulted in custody for previously giving evidence – recording of evidence previously given used instead – no actual adverse consequences to the result – background of disadvantage and exposure to domestic violence – plea of guilty

CIVIL PROCEDURE – notices to produce – whether documents “specified” in accordance with Uniform Civil Procedure Rules 2005 (NSW), r 34.1 – whether legitimate forensic purpose for issue of notices to produce – no question of principle

ADMINISTRATIVE LAW – Judicial review – content of obligation “to consider” – whether failure specifically to refer to a matter reveals failure to consider that matter – scope of obligation to consider under Building and Construction Industry Security of Payment Act 1999 (NSW), s 22(2) BUILDING AND CONSTRUCTION – adjudication – judicial review – whether adjudication affected by jurisdictional error – principles of jurisdictional error under Building and Construction Industry Security of Payment Act 1999 (NSW) ­– whether jurisdictional error to fail to investigate “true merits” of a payment claim – where adjudicator’s task limited to deciding dispute on restricted materials BUILDING AND CONSTRUCTION – adjudication – judicial review – setting aside part of determination – meaning and operation of s 32A of the Building and Construction Industry Security of Payment Act 1999 (NSW) – whether adjudicator entitled to fees after making adjudication affected by jurisdictional error – whether adjudicator’s decision to apportion costs affected by jurisdictional error

SUCCESSION — Family provision — Claim by severely disabled adult child in full time care brought out of time for provision for contingencies only — Plaintiff unable to demonstrate any circumstances where contingency may arise which would require provision

APPEALS – leave – costs – plaintiff discontinues proceedings – primary judge declines to depart from default order as to costs – whether issue of general importance – whether clear injustice – summons dismissed

COSTS — Party/Party — General rule that costs follow the event — Proceedings discontinued or dismissed — Gross sum costs order — No issue of principle

CIVIL PROCEDURE — enforcement — writ of restitution — writ for possession obtained against the defendants — orders made for limited period permitting defendants to have access to the property whilst obtaining imminent refinance — debt was not repaid — defendants’ continued use of the land beyond the temporary access ordered was a trespass — consideration of whether sufficient nexus between that trespass and the original recovery of possession — writ of restitution granted

LAND LAW — conveyancing — contract for sale — validity of notice to complete LAND LAW — conveyancing — contract for sale — agreement to vary

CIVIL PROCEDURE – subpoenas – application to set aside – where subpoena sought “all documents relating to” nominated matters

CIVIL PROCEDURE – subpoenas – application to set aside

CIVIL PROCEDURE – interim preservation – freezing orders – ex parte applications – where the respondent has deprived a deceased estate of the value of a property in breach of orders of the then Federal Circuit Court of Australia – where the applicant seeks an ex parte freezing order to restrain the respondent from disposing of, dealing with or diminishing the value of her assets – where the applicant is not prepared to incur the risk involved in giving the usual undertaking as to damages as a condition of the Court making the freezing order sought – whether an ex parte freezing order should be made without requiring the applicant to offer the usual undertaking as to damages – consideration of the circumstances in which the Court may make ex parte freezing orders not supported by the usual undertaking as to damages – held that the circumstances of the present application are exceptional and justify the making of an ex parte freezing order without requiring the applicant to give the usual undertaking as to damages

COSTS – security for costs – where proceedings funded from the outset by litigation funder – non-disclosure of external funding until recently despite two earlier applications for security for costs – merits of plaintiffs’ case – whether impecuniosity attributable to matters complained of in proceedings – stultification – whether funder and plaintiffs’ solicitor standing behind and likely to benefit from litigation – whether funder and solicitor unreasonably unwilling to provide security – whether commercially impracticable for plaintiffs to gain any advantage from any ability of funder or solicitor to provide security – whether security should be ordered where proceedings funded from the outset and funding agreement allegedly repudiated by funder and terminated by the plaintiffs – whether proceedings likely to be stultified in any event

CIVIL PROCEDURE — Undertakings given to Court — Compliance a matter for the Court and not for parties to dispute between themselves without reference to the Court — Proceedings to be relisted promptly if party finds itself prospectively unable to comply or has failed to comply with undertakings — Not appropriate to file contempt motion for breach of undertakings without having relisted proceedings CONTEMPT — Civil contempt — Breach of undertakings — Statement of charge expressly particularised alleged breaches as contumelious — Applicant not entitled to succeed where only civil contempt established

CHILD WELFARE — jurisdiction — Supreme Court of New South Wales — parens patriae – whether parens patriae jurisdiction is sufficiently extensive to enable this Court to make orders directed at NSW Police Force for the retrieval of a young person, or whether proceedings are required to be commenced in a local court pursuant to the Family Law Act 1975 (Cth) and transferred to this Court — held that the parens patriae jurisdiction is sufficiently broad to enable this Court to make orders for the retrieval of a young person the subject of parens patriae orders without the initiation and transfer of local court proceedings

LAND LAW — caveats — application for withdrawal of caveat lodged by defendant over plaintiff’s property — where caveat prevents registration of a mortgage that the plaintiff proposes to grant to a bank — whether the proposed mortgage would be an improper exercise of powers granted to the plaintiff as trustee under a trust deed — whether the proposed mortgage would constitute a breach of the plaintiff’s duties as trustee under a trust deed — held that the proposed mortgage does not breach the duties of the plaintiff as trustee — no basis for finding that the mortgage transaction would be an improper exercise of the plaintiff’s powers as trustee — order made pursuant to s 74MA of the Real Property Act 1900 (NSW) for the removal of the caveat by the defendant EQUITY — equitable remedies — injunctions —mandatory injunctions — where plaintiff seeks a mandatory injunction compelling the defendant to provide personal identification documents to a bank to satisfy the bank’s “Know Your Customer” (KYC) requirements — whether the Court has the power to issue the injunction sought — consideration of nature of the KYC obligations prescribed by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth) and the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1) (Cth) — whether the injunction sought will be in aid of a legal or equitable right that the plaintiff has to require the defendant to satisfy the bank’s KYC requirements — not established that the bank’s KYC requirements are non-negotiable — entitlement to the mandatory injunction sought by the plaintiff not established — order made granting leave to the plaintiff to renew its application for the mandatory injunction sought if an alternative method of satisfying the bank’s KYC requirements not involving the defendant’s cooperation cannot be negotiated with the bank

LAND LAW – caveats – extension of caveats – where plaintiff seeks an extension of the caveat it had lodged against the title to the property of the first defendant – whether there is a serious question to be tried – whether the balance of convenience favours an order being made for the extension of the caveat – held that there is a serious question to be tried – held that the balance of convenience favours the Court declining to make an order for the extension of the caveat upon the first defendant providing an adequate alternative security to the plaintiff – orders to be made for the removal of the caveat if the first defendant establishes an alternative security in the form of a fund of $45,000 EQUITY – equitable remedies – solicitors’ liens – where plaintiff asserts a solicitors’ lien over the first defendant’s matter file to secure payment of outstanding costs and disbursements incurred under a retainer and payment of costs incurred in seeking to recover the currently outstanding costs and disbursements – held that plaintiff is not entitled to assert a solicitors’ lien in respect of costs incurred in seeking to recover the currently outstanding costs and disbursements – orders to be made for the return of the matter file to the first defendant’s solicitors if the first defendant establishes an alternative security in the form of a fund of $45,000

OCCUPATIONS — legal practitioners — solicitors — application for order restraining respondent’s solicitors from acting in proceedings — where respondent’s solicitors engaged in contractual negotiations with third parties in relation to recording contract for applicant — where applicant contends that respondent’s solicitors implicitly retained by him, and acted on his behalf — where no implicit retainer found — where factual matrix does not support finding that a fair-minded reasonably informed member of the public would perceive that justice was not seen to be done if respondent’s solicitor permitted to continue acting

CIVIL PROCEDURE — Permanent stay of proceedings — Claim for damages for historical sexual abuse — Alleged perpetrator deceased — Claim against deceased’s estate — Where plaintiff has related and concurrent claim pursuant to the Succession Act 2006 on foot — Where fair trial not possible — Permanent stay granted

EQUITY – fiduciary duty – whether fiduciary duty owed by successor trustee to former trustee – nature of former trustee’s entitlement to trust property to be indemnified for expenses properly incurred – whether former trustee vulnerable to exercise of power by successor trustee – whether former trustee only entitled to appointment of receiver and judicial sale and interlocutory relief – whether analogy with duty owed by mortgagee with surplus after exercising power of sale – Rothmore Farms Pty Ltd (in liq) v Belgravia Pty Ltd [2005] SASC 117 considered – whether property transferred to third parties in breach of asset preservation order – whether property transferred to third parties to defraud creditors

CRIME – appeals – appeal against conviction – unreasonable verdict – where Applicant convicted of being an accessory after the fact to manslaughter by excessive self-defence – whether Crown excluded the reasonable possibility that the Applicant believed that her co-accused saw her being threatened with a gun on the street such that at the time she assisted him in evading arrest after the fact, she believed her co-accused’s conduct was a reasonable response to the circumstances as she believed he perceived them – where the co-accused and eyewitnesses did not see the deceased threaten the Applicant with a gun on the street – where gun found in close proximity to site where the deceased was struck with the samurai sword CRIME – appeals – appeal against conviction – miscarriage of justice – consciousness of guilt reasoning – where Crown relied on post-offence conduct as part of a circumstantial case as to co-accused’s state of mind at the time of the sword strike rather than as an implied admission or independent evidence of guilt – where Applicant and co-accused fled the scene, disposed of various items from the co-accused’s house and concealed the bloodied samurai sword – where no objection raised or direction sought by Applicant’s trial counsel

CRIME – appeals – appeal against sentence – offence of knowingly take part in the supply of a large commercial quantity of methylamphetamine –manifest excess – appeal dismissed

CRIME – appeal against sentence – assessment of objective gravity – asserted failure of sentencing judge to differentiate the criminality of two related offences – use of singular rather than plural relied on to point to error – question of manifest excess

CRIMES – appeals – appeals against sentence – whether error because of backdating the commencement of a sentence by more than the actual time spent on remand in order to take into account conditions and occurrences while offender on remand – whether s 47(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) permits consideration of conditions experienced in pre-sentence custody as well as the period of such custody

APPEALS — CRIME — appeal against conviction — sexually touching a child — 16 offences against 5 complainants — guilty verdicts returned in respect of 12 counts against 3 complainants — unreasonable verdict — whether it was open to jury to be satisfied of the applicant’s guilt in respect of those counts — discrepancies and conflicts in evidence of complainants — open to jury to resolve evidentiary issues — counts proved beyond reasonable doubt

APPEALS — CRIMINAL LAW — appeal against sentence — reckless wounding in company — Children’s Court — young person — control order — whether control order ought be suspended — re-sentence — whether lesser sentence is warranted

APPEALS — CRIME — Appeal against conviction — sexual intercourse without consent in circumstances of aggravation — whether there has been a miscarriage of justice — jury directions — whether trial miscarried because of directions given in relation to consent and intoxication — indirect answer to jury question whether complainant could consent if substantially intoxicated — Crown case that complainant did not consent — whether trial miscarried by admission of evidence prejudicial to applicant — no objection during trial

EDUCATION — Relationship as between student and university — Plaintiff in 2007-2009 attended as a student at the University operated by the defendant — Plaintiff submitted coursework for assessment and grading — Plaintiff accepted or did not dispute that his submitted works could be reviewed by staff of the University for the purpose of assessing or grading his works for the legitimate purpose of determining whether he had satisfied necessary course requirements to enable the conferring of a degree — The plaintiff argued that: (a) he owned property in submitted works which property he described not in terms of rights in expression (as might be the subject of copyright) but in terms of rights in the reasoning, strategies, line of argument and systems noted in the works and research therein; (b) the University owed a specific fiduciary duty not to use such “property” for other than assessing and grading purposes; (c) the staff and University breached the fiduciary duty by mixing the plaintiff’s works and or otherwise applying the works to (i) in the case of the staff – publications of their own and (ii) in the case of the University – to publications, syllabuses and otherwise to the strategic direction and business of the University; and (d) thereby the University derived a benefit, proceeds and/or profit from such unauthorised use – which the plaintiff claimed is held on a constructive trust for him — Plaintiff brought applications to seek preservation of the “property” and to suppress details of the sum of his claim EQUITY — Fiduciary obligations — Relationship of university and student is not per se amongst the established categories of fiduciary relationships — Consideration of whether a fiduciary duty arose in the particular circumstances of the facts of the case in the context as between student and University — Consideration of the necessity to identify the scope and content of fiduciary duties — Consideration of the question of breaches of fiduciary duty — Weak prima facie case of duty, scope and breach — Application dismissed PROPERTY — Consideration of the nature of proprietary rights — “Property” is a comprehensive term that can be used to describe all or any of very many different kinds of relationship between a person and a subject matter — In all cases, the term “property” takes its meaning from its context CONFIDENTIAL INFORMATION — Consideration of the requirements to establish a case of breach of confidence — Requirements for alleged breach not established AFFIDAVITS — Failure of affidavit to identify whether affidavit is sworn or affirmed CIVIL PROCEDURE — Interim preservation — Distinction between a freezing order (also known as an asset preservation order) and an injunction to preserve an asset CIVIL PROCEDURE — Interim preservation — Freezing orders — Application misconceived — No evidence before the Court that there is any risk that the defendant intends to dissipate its assets CIVIL PROCEDURE — Application for injunctive relief misconceived as a freezing order but treated by the Court as in substance a form of application in nature of a mandatory injunction to preserve property — Orders sought that Registrar of the Court and the defendant preserve in such form and substance as they existed as at the “dates of publication” 263 publications, syllabuses and other documents said to be created and published in breach of an alleged fiduciary duty — No indication of control that the Registrar or defendant might have over the publications to enable preservation — No elucidation by the plaintiff as to how or why the publications might be in some form of danger of being not preserved such as to necessitate an order that they be preserved — Application dismissed INJUNCTIONS — Interlocutory injunctions — Discussion of principles in relation to the approach of the Court regarding the requirements in respect of finding a prima facie case for relief — Discussion of risk of non-preservation and practical aspects of balance of convenience — Failure to establish — Application dismissed INJUNCTIONS — Interlocutory injunctions — Undertaking as to damages — Nature of undertaking — Failure of plaintiff to proffer undertaking as to damages CIVIL PROCEDURE — Suppression and non-publication orders — Application to suppress the sum sought by the plaintiff as relief sought in a statement of claim allegedly being the amount of a benefit, proceeds and/or profit from such unauthorised use of the plaintiff’s property — Pleadings are not subject to any Hearne v Street obligation — Failure by the plaintiff to identify the sum sought to be suppressed other than by reference to property allegedly held on constructive trust which the plaintiff contended to be worth a significant amount of money — Application dismissed

CIVIL PROCEDURE – discovery – privilege – whether privilege has been waived

CIVIL PROCEDURE — application for referral for pro bono assistance — r 7.36 Uniform Civil Procedure Rules (NSW) — pro bono referral made on a limited basis relating to the proposed further amendment to the statement of claim

CIVIL PROCEDURE – Statement of Claim – Amendment Powers – Addition of statute-barred cause of action – Leave to Amend – Addition of Australian Consumer Law Claim – Leave granted.

PROCEDURAL RULINGS – application to conduct proceedings by audio-visual link – where case is based largely on credit – application granted in-part