Cases and authorities

CIVIL - Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – application for interim extension order – preliminary hearing - general principles – forensic patient – statutory conditions for making of interim orders satisfied – orders made

CRIME – Sentencing – murder – liability on the basis of extended joint criminal enterprise – foresight of the possibility of intentional infliction of grievous bodily harm – accessories before the fact – manslaughter by unlawful and dangerous act – where offenders members of the Rebels outlaw motorcycle gang – where deceased violently bashed by four assailants at the request of another offender – where accessories involved in relaying information as to the location of the deceased

CORPORATIONS — Winding up — Liquidators — Where Australian entity of a global travel company wound up — Application for various orders in relation to external administration — Whether liquidators’ remuneration concerning trust fund should be approved — Whether leave should be granted for liquidators to derive a profit — Whether creditor bank entitled to a banker’s set off — Whether chargeback regime operates to preserve certain funds in the general winding up EQUITY — Trusts and trustees — Judicial advice — Where company holds refund sums on a fixed trust for customers — Whether trust created — Whether certainty of intention satisfied — Directions in relation to distribution of trust monies where beneficiaries are not identifiable within funds available — Whether trust monies can be distributed to the company instead — Where the appropriate direction is for trust monies to be paid to the NSW Trustee and Guardian

LAND LAW — Co-ownership — Statutory trust for partition — Where s 66G proceedings resolved by final consent orders — Where parties now diverge on the proper interpretation of the consent orders — Where defendants consider the orders allow set offs of up to $3 million — Where plaintiff and trustees consider the release means there is nothing to set off against — Where plaintiff seeks declarations that its construction of the orders is correct and orders restraining the defendants from seeking additional set-offs

CIVIL PROCEDURE – Claim by grandson of deceased to enforce contingent benefit under deceased’s Will – Defendant (deceased’s son and uncle of plaintiff) named as executor but has not appeared in proceedings – plaintiff seeks summary judgment – Various impediments to summary judgment – Summary judgment refused CIVIL PROCEDURE – Distinctions between default judgment, summary judgment and judgment in absence of defendant – No appearance by defendant – Default judgment only available in proceedings on a statement of claim UCPR r 16.1 – Plaintiff in summons proceedings faced with non-appearing defendant may apply to proceed with hearing in the absence of the defendant UCPR r 29.7 SUMMARY JUDGMENT – Applicable principles –Nature of evidence in support of application GRANTS OF ADMINISTRATION – Special and limited grants – The extent of power of a special or limited grant is not defined by reference the usual or common name given to the grant (e.g. by the use of a Latin appellation) but rather by reference to the precise wording of the Court order making the grant. TRUSTS – rights of beneficiaries – nature of "rule" in Saunders v Vautier – nature of power of adult beneficiary with absolute vested and indefeasible interest in trust property – power not unqualified TRUSTS – appointment of trustees whether family members or persons having close family ties to beneficiaries should be appointed – Court is traditionally reluctant to appoint beneficiaries as trustees of the trust or appoint as a new trustee a person having close family ties with the beneficiaries – The reluctance is based on common sense and collected legal wisdom from life experience in cases coming before courts and its application yields to the facts and exigencies of each given case TRUSTS – Appointment of trustees – Evidence of fitness of proposed trustee required unless NSW Trustee or trustee company appointed

CRIME — Appeal and review — judicial review — statement made in decision dismissing a sentencing appeal not binding where it concerned an issue that did not need to be decided to determine the sentence — issue estoppel as it applies in civil proceedings inapplicable in the criminal law CRIME — Appeal and review — judicial review — judge did not misconstrue s 79(2) of the Crimes (Appeal and Review) Act 2001 (NSW) in suggesting that a new fact-finding process based on fresh evidence was not required — judge stated that the facts allegedly established were relied upon in previous proceedings and the relevant inquiry was whether the matters raised cause doubt as to guilt CRIME — Appeal and review — judicial review — whether judge erred in summarily dismissing an application under s 79(3) of the Crimes (Appeal and Review) Act 2001 (NSW) — judge did not proceed on material misapprehensions of fact and law — allegedly fresh evidence confirmed what was advanced in previous proceedings and did not relate to an element of the relevant offence

ADMINISTRATIVE LAW — status of minority reasons – whether majority required to address minority reasons ADMINISTRATIVE LAW — challenge to effect of applicant’s negative attitude in disciplinary proceedings — medical practitioner’s duty of candour in disciplinary context

CIVIL PROCEDURE – representative proceedings – settlement or discontinuance – court approval

EVIDENCE – Hearsay – Exceptions – whether witness statement of deceased’s downstairs neighbour should be admitted into evidence – where maker unavailable due to a serious mental health issue – whether the evidence satisfies an exception to the hearsay rule under ss 65(2)(b) or (c) of the Evidence Act 1995 (NSW) (“the Act”) – if an exception is satisfied, whether the evidence should be excluded pursuant to ss 135 or 137 of the Act

LAND LAW — Urgent ex parte application to restrain mortgagee from exercising power of sale — Plaintiff (mortgagor) approaches Duty Judge within hours of a scheduled auction due to commence — Sum of $12M plus owing under mortgage — Following issue of a s 57(2)(b) Real Property Act 1900 (NSW) notice the parties enter into Deed of Forbearance allowing Plaintiff further time to pay secured moneys on terms — Subsequent alleged variation of the Deed permitting cancelling of auction on payment of arrears of approximately $593,000 — Mortgagee claims default by Plaintiff under Deed and requires payment of total facility amount — Plaintiff says Notice of Default is invalid and/or that mortgagee engaged in misleading or deceptive conduct causing it to lose potential other investors/funders to enable it to pay arrears — Plaintiff unable to pay arrears of $593,000 to the mortgagee or into Court — Application refused

CHILD WELFARE – Parens patriae – Application for secure accommodation orders – Neurologically disabled child exhibits self-harming behaviours and is at significant risk of sexual abuse – Orders made

EQUITY – trust and trustees – managed investment schemes – where plaintiff seeks to retire as the responsible entity and trustee of the schemes – where application made by plaintiff for Supreme Court consent pursuant to s 249E of the Crimes Act 1900 (NSW) and similar provisions in other state jurisdictions to the soliciting and receiving, and the offering and giving, of a benefit as an inducement or reward for the appointment of a person to be a person entrusted with the trust property

CIVIL PROCEDURE — Proceedings brought by two plaintiffs being adult siblings claiming representations made encouraging investment into a company and alleged consequential loss — Claim by first named plaintiff earlier summarily dismissed on the basis that the property subject of the claim vested in his trustee in bankruptcy — Second plaintiff earlier permitted leave to replead — minimal changes to pleaded case Second application for summary dismissal — Summary dismissal refused — Alternative application for strike out of amended statement of claim pleadings — Amended statement of claim struck out — leave given to further amend claim SUMMARY DISMISSAL — Caution in deciding limitation questions in interlocutory proceedings particularly in cases of alleged economic loss TRUSTS — Indicia of beneficial interests — Requirements of declaration of trust regarding shares — Appropriate party to bring proceedings for loss suffered by a trust LEGAL PROFESSION — Barristers — entitlement to appear on direct access brief PRACTICE — Appearance — Procedure — Representation of company by director — Whether representation by entitlement or Court’s indulgence — Uniform Civil Procedure Rules 2005 (NSW) rr 7.1(2)(a), 7.2(1)(a) PRACTICE AND PROCEDURE — Abuse of process –– second application made for summary dismissal and strike out — Whether such application an abuse of process — No abuse of process COSTS — Self-represented litigants –– Ordinarily cannot recover costs because costs are awarded as a partial indemnity for professional legal costs actually incurred in the conduct of litigation

APPEALS — Leave to appeal — appeal from NCAT refusing extension of time — whether breach of procedural fairness — where no explanation for delay in filing — leave to appeal refused

HIGH RISK OFFENDERS – Extended supervision order – final hearing – serious sex offender – order duration and nature of some of the conditions contested by defendant – whether unacceptable risk of committing another serious offence if not kept under supervision order – application granted – extended supervision order made for three-year period subject to conditions – discussion about appropriate conditions

APPEALS – appeal from Local Court – Jurisdiction of appellate court – Supreme Court – challenge to factual findings – whether question of law raised CIVIL PROCEDURE – Commencement of proceedings – Summons – Form and content

ESTOPPEL — Estoppel by encouragement — estoppel by acquiescence — Farming properties held through a company — Company incorporated and initial management shares held by plaintiff’s father and paternal grandfather – Plaintiff claims his father gave encouragement for plaintiff and his wife to move onto one of the properties and subsequently also farm the other property and made promises to leave the shares in the company (or the properties) to the plaintiff upon his father’s death — Father makes various Wills leaving shares to plaintiff but 5 days prior to his death makes a Will leaving his estate to his wife (plaintiff’s mother) — Plaintiff claims father estopped from doing so and shares held on trust for plaintiff — Mother claims plaintiff did not abide by terms of promises by failing to make payments to father and failing to continue farms as “working farms” — Estoppel case made out ESTOPPEL — Consideration of alleged conditionality of promises — Whether promises of testamentary inheritance of shares conditional upon plaintiff(s) making payments for benefit of the deceased albeit payments made to corporate entity — Whether promises conditional upon plaintiff(s) continuing to work farms for the remainder of deceased’s life — Effect of deceased’s post promise intervention suggesting alternative use of property for members of plaintiffs’ family ESTOPPEL — Estoppel by encouragement — estoppel by acquiescence — Requirements — deceased aware of intended reliance — Life-changing decisions with practically irreversible consequences of a profoundly personal nature beyond the measure of money — Application of principle in Donis v Donis (2017) 19 VR 577; [2007] VSCA 89 — Substantial detrimental reliance established TRUSTS — Time from which a constructive trust arises — Time of the conduct which gives rise to the trust occurred is generally when a plaintiff acts in reliance on the promise or expectation such that it later becomes unconscionable for the promisor to resile EQUITY — Equitable remedies — Defences to specific performance — Unclean hands — consideration of onus of proof — Consideration of operation of maxim used as a defence against a party seeking equitable relief based on estoppel PAYMENT — Consideration of payment obligation being waived or not pressed LOANS — Onus of proof — Absence of evidence bearing directly on gifting of monies — Whether loan can be inferred from book entries without movement of money — Requirement for underlying agreement — Consideration of Manzi v Smith (1975) 132 CLR 671; [1975] HCA 35 — Whether inference of agreement open — Whether within the scope of authority of accountant to characterise payment as a loan and prepare company financial statements and tax returns accordingly GIFTS — Absence of evidence bearing directly on gifting of monies — Assessment of evidence — Gift established — In any event arguably a presumption of advancement arises PRACTICE — Pleadings — Pleading of estoppel claims — Test of pleading is not greatest fidelity to facts but materiality of facts — Pleading events or contingencies need not be stated if they are not alleged to affect a plaintiff’s right or title or claim to relief CIVIL PROCEDURE — Subpoenas — Privacy and access issues — If parties have concerns regarding privacy but do not have technical capacity to address that they should actively seek the assistance of their legal representatives or other appropriate professionals who can assist them to resolve production issues in a way that fairly enables production of relevant material but otherwise preserves the integrity of matters that are properly the subject of privacy concerns EVIDENCE — Photographic evidence — Admissibility — No requirement to prove who took the photograph — Photograph admissible where a witness is able to state the photograph accurately depicts what is shown of the relevant scene, item or facts — Nonetheless distortion of appearance may be ground to make a photograph inadmissible or use unfair EVIDENCE — Self-incrimination — Informing witnesses of rights — Obligation under s 132 Evidence Act 1995 (NSW) regarding objections pursuant to s 132 Evidence Act to answering questions DECLARATORY RELIEF — Conditioning relief on plaintiffs not being permitted to enforce claim against the estate in respect of a “director’s loan” recorded in company accounts — Further nunc pro tunc declaration sought — Declined on the facts TAXES AND DUTIES — NSW company shares — whether dutiable property — Marketable securities not dutiable property — Court otherwise will not pre-empt what duty or tax liability may flow from findings regarding loan and gift transactions ANCILLARY RELIEF — Order sought empowering Registrar to execute transfer documents — Court may condition orders with an “alternative execution” provision if circumstances demonstrate probable futility of signing request — Probable futility not demonstrated ORDERS — Application for referral of matters to Regulator — Basis on which referral is made discussed — Whether appropriate in the circumstances — Papers not referred

APPEAL – security for costs of appeal – UCPR r 51.50 – “special circumstances” found to exist – one appellant acting as representative only – evidence and findings of fraudulent activity of other appellant – doubt that appellants could satisfy adverse costs order

Awad v The Queen Tambakakis v The Queen Criminal Practice – Appeal – Error or irregularity in trial – Directions to jury – Where credibility of one accused giving evidence central to both trials – Where trial judge directed jury that innocent person can do nothing more than give evidence – Where trial judge directed jury that guilty person may give evidence in hope or belief they will more likely be believed – Where directions prohibited by s 44J of Jury Directions Act 2015 (Vic) – Whether misdirection constituted substantial miscarriage of justice. Words and phrases – "charge", "conviction was inevitable", "credibility", "deflect the jury from its fundamental task", "direction", "essential to a fair trial", "fundamental error", "jury", "misdirection", "motivation to give evidence", "natural limitations", "onus of proof", "presumption of innocence", "prohibited direction", "serious departure from the prescribed processes for trial", "substantial miscarriage of justice". Criminal Procedure Act 2009 (Vic), s 276(1)(b). Jury Directions Act 2015 (Vic), ss 44J, 44

CORPORATIONS — Winding up — Statutory demand — Affidavit in support of application — Where the affidavit verifying a statutory demand was sworn by a person in a foreign country and witnessed by audio-visual means by an Australian legal practitioner physically located in Melbourne, Victoria — Whether the affidavit was validly witnessed and if not, whether the demand should be set aside. CORPORATIONS — Winding up — Statutory demand — Genuine dispute about existence or amount of debt — Setting aside on other grounds — Where there is an arbitration provision in the agreement governing the parties’ relationship — Whether there was a dispute at the time the demand was served so as to engage the arbitration provision - whether the demand should be set aside.

CIVIL PROCEDURE — Interim preservation — Freezing orders — No issue of principle

CRIMINAL PROCEDURE — Trial — Jury — Application to discharge jury on day 111 of the trial — application refused

COSTS — General rule that costs follow the event — Application of the rule and discretion — Where applicant succeeded in interlocutory motion for a stay of proceedings in this Court while Federal Circuit and Family Court of Australia proceedings on foot — Where respondents seek an order that costs of the motion be reserved — Where respondents alternatively seek orders that the applicant only receive 50% of her costs — Where order made that the applicant only receive 75% of her costs

MORTGAGES AND SECURITIES — liens — common law liens — application pursuant to Supreme Court Act 1970 (NSW), s 74 — COVID-19 pandemic causes disruption to chain of supply through ports for importation of goods — plaintiff company engages defendant company to provide customs clearance and transport and logistics services to customers in Australia — defendant claims lien over plaintiff’s property as security for debt — plaintiff seeks to unilaterally offset defendant’s claims against its own claim for unliquidated damages — whether Court should make order under s 74

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Whether there should be no order as to costs where plaintiffs succeeded on limited issues — Calderbank offer — No issue of principle

EVIDENCE – client legal privilege – defendant has in-house and external lawyers – external lawyers retained to conduct “independent” investigation and advise board – investigation reveals employee misconduct – external lawyers retain consultant to conduct “independent” workplace investigation – external lawyer’s investigation report later produced to Banking Royal Commission. PRIVILEGE – difficulty adducing evidence in support of claim due to authors leaving employ – whether Court should inspect documents – principles at [7]-[12] – Hancock v Rinehart does not introduce ‘two-step’ process – exercise discretion to inspect documents. DOMINANT PURPOSE – principles at [33]-[39] – a purpose was to persuade regulator that defendant was taking the matter seriously – dominant purpose was to provide defendant with legal advice. WAIVER – principles at [111]-[112] – whether waiver of external legal advice led to waiver of in-house advice – whether waiver over subsequent legal advice – issue waiver – no waiver.

LAND LAW — Community title — Neighbourhood scheme — Neighbourhood association — appeal from Local Court — costs of recovering unpaid levies LAND LAW — Community title — Neighbourhood scheme — Neighbourhood association — validity of resolution appointing lawyers — whether absence of chairperson at meeting invalidated resolutions passed

CRIMINAL PROCEDURE – Stay of proceedings – Inherent power to prevent abuse of process – two counts charged – whether elements of counts wholly subsumed in other – whether additional criminality reflected in two counts – whether stay should be granted

COSTS – restraint of trade proceedings – application for special costs order – informal offer of compromise before commencement of proceedings – whether rejection of offer unreasonable – expedited case – claims failed on the evidence at trial – special costs order refused

PROCEDURE – Parties – Joinder of Parties – Plaintiff filed notice of motion seeking to join concurrent wrongdoer in the proceedings – ss 34, 38 Civil Liability Act – Application to Amend Statement of Claim – ss 64, 65 Civil Procedure Act – Limitation Issues - Notice of Motion dismissed

CIVIL PROCEDURE — Representation — By unqualified persons — Whether circumstances shown such that leave should be given to dispense with UCPR r 7.1 where corporation seeks representation by director

REAL PROPERTY — application to extend operation of caveats — s 74K Real Property Act 1900 (NSW) — no reasonable basis for existence of interest claimed in caveats — no alternative arguable interest suggested

JUDICIAL REVIEW – modification of development consent – conditions governing exercise of power – consideration of reasons for grant of consent – whether reasons given – found no breach of condition if no reasons given – satisfaction that modified development substantially the same as originally approved development – whether opinion of satisfaction formed – not proven opinion not formed

EQUITY – trusts and trustees – constructive trusts – where respondent’s former de facto partner convicted of drug-related charge – Forfeiture Order made in respect of de facto partner’s assets pursuant to Criminal Assets Recovery Act 1990 (NSW) – where respondent performed domestic duties, raised children, and worked in business founded by de facto partner – whether “joint relationship and endeavour” formed pursuant to which respondent made contributions to acquisition of two properties the subject of the Forfeiture Order – application of principles in Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 – challenges to findings as to how respondent’s contributions to properties were said to be established – application of maxim “equity is equality”

EVIDENCE — witness evidence — unfavourable witnesses — prior inconsistent statement

CRIMINAL PROCEDURE – trial – jury – discharge of individual juror

CIVIL PROCEDURE — Admissions — Admission of facts made in amended defence — Application by defendant for leave to withdraw - admissions — where withholding leave to withdraw admissions would result in matter proceeding on false factual basis — whether withholding leave to withdraw admissions in the interests of the “just, cheap and quick” resolution of the dispute

CONTRACTS – contract to provide certain services – contractual obligations in relation to provision of services – whether question as to validity of composition of contractor’s board affected its discharge of obligations under services agreement – whether failure to comply with requests for information in relation to contractor’s board and to take steps to hold a new election was in breach of obligations under services agreement – no breach of contract

CORPORATIONS – Corporations Act 2001 (Cth) – Part 5.4A, ss 459G(1), 459H(1), 459J(1) and (2) – statutory demand claims debts, being judgments of the Local Court and District Court based on cost assessment certificates – whether there is some “other reason” under s 459J(1)(b) why the demand should be set aside – where at the time the Local Court judgment was obtained, the operation of the relevant certificate was suspended under the provisions of the Legal Profession Act 2004 (NSW), a fact which was not disclosed to the Court – at the time of this application, both the judgment of the Local Court and the judgment of the District Court were stayed, in the case of the District Court on payment by the plaintiff of a significant part of the claim into Court – where the parties are in a long running dispute concerning the dissolution of a partnership between them, the accounting process has not yet run its course, and the claims of the defendant in the statutory demand are part of the accounting between them – where the plaintiff has offsetting claims and there are more than enough partnership assets, in the hands of the receiver of the partnership assets, to satisfy the balance of any legitimate claims the defendant may have in the accounting – HELD – reliance on the demand by the plaintiff is unconscionable, an abuse of process or will wreak a substantial injustice – demand should be set aside for some “other reason”

CRIMINAL LAW – evidence – evidence by audio visual link – application by prosecutor for AVL direction – where application opposed – trial by judge alone – relevant considerations – burden of persuasion – interests of the administration of justice – where witness critical to proof of guilt – witness criminally concerned in commission of crime – credibility – demeanour – confidential evidence tendered by police – security and safety of witness – resources issues – safety of the public – public interest in encouraging witnesses to come forward – difficult decision – powerful factors on both sides – application for direction refused

COSTS — Party/Party — Costs orders in interlocutory proceedings — general rule that costs follow the event — Uniform Civil Procedure Rules 2005 (NSW), r 42.1 — cost of motions on which defendant succeeded to be borne by plaintiff — costs of aspects of motions on which plaintiff succeeded to be borne by defendant CIVIL PROCEDURE — Commencement of proceedings — Statement of claim — where plaintiff seeks leave to file third amended statement of claim — where defendant objects to some proposed amended pleadings — whether opposed pleadings are frivolous and vexatious — whether opposed pleadings do not disclose any reasonable cause of action — whether opposed pleadings are not available under Corporations Act 2001 (Cth), s 1317AD — whether opposed pleadings have a tendency to cause prejudice, embarrassment or delay under Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 — where proper construction of legislative scheme disputed — Corporations Act 2001 (Cth), Pt 9.4AAA — Protection for whistleblowers — leave granted

COSTS — appeal from Local Court — barrister/solicitor — recovery — where barrister applied for costs assessment of unpaid invoices, some of which were brought out of time — Legal Profession Uniform Law 2014 (NSW), ss 194 and 198 — whether contractual claim for recovery of unpaid costs not assessed could still be pursued — Legal Profession Uniform Law 2014 (NSW), s 184 — whether legislative scheme precluded barrister’s application to Local Court — not found — such recovery of unpaid costs permissible COSTS — Costs assessment — Determination — whether rejection of out of time application for costs assessment by the Manager, Costs Assessment and by a review panel resulted in a “costs determination” — Legal Profession Uniform Law Application Act 2014 (NSW), s 73 — operation of statutory regime — functions of the Manager, Costs Assessment — functions of costs assessors and review panels — decision that application is out of time does not involve a “costs determination” CIVIL PROCEDURE — whether an abuse of process occurred in barrister bringing proceedings in Local Court for recovery of unpaid costs not assessed — whether risk of re-litigation exists — not found ESTOPPEL — where species of estoppel is unspecified — whether barrister estopped from bringing proceedings in Local Court for recovery of unpaid invoices not assessed because costs assessment application made out of time — not found

REAL PROPERTY – dispute arising out of oral agreement for sale and purchase of property – dispute about terms of oral agreement, including price – where vendor disputes the price stated in the transfer that was registered and claims that the purchaser forged his signature on the transfer or, alternatively, procured his signature by unconscionable conduct – where expert evidence of forensic document examiner is inconclusive CONTRACTS – alleged oral loan agreements – no question of principle

CRIMINAL LAW – trial by judge alone – relevant considerations – prejudicial media coverage – gangland crime – where co-accused subject to extensive media coverage – multiple murders – drug deal gone wrong – glitches in dealings – Rebels – capacity of jury to follow directions – extensive delay in trial – one accused refused bail for six years – need for trial to be completed – risk of discharge of jury – where significant issue of credibility of principle witness – witness criminal concerned in the offence – whether assessment of credibility involves community standards – whether significant factor in favour of a jury trial – stirring exaltation of jury system – context – where both accused elect for trial by judge order – finely balanced application – interests of justice – order for trial by judge made

CORPORATIONS — Members’ rights and remedies — Oppression — Where conduct is oppressive to, unfairly prejudicial to, or unfairly discriminatory against minority – Where conduct is contrary to the interests of the members as a whole – Directors engaged in conduct with total disregard to the interests of another shareholder – Oppression found SUCCESSION — Family provision — Claims by adult children excluded from management of family company – Shares in company without commercial value in the absence of voting rights – Orders for provision moulded to facilitate participation in management

CRIME – Appeals – Appeal against sentence – Miscalculation as to backdate of sentence – Concurrence between parties – Not an error which reopens sentencing discretion – Applicant re-sentence with correct backdate applied

CIVIL PROCEDURE – parties – joinder – of defendants

CIVIL PROCEDURE – cross-claims – application by builder to file cross-claim against engineer – principles at [15]-[16] – engineering problem identified from outset – defendant identified engineer as concurrent wrongdoer two years’ earlier – inadequate explanation for delay – granting leave would result in substantial delay – leave refused.

EVIDENCE ­— Murder trial ­— Missing body — Opinion evidence about the capacity of pigs to devour a human cadaver without leaving a trace —Relevance of the evidence where the experiment conducted involved porcine and kangaroo carcasses ­— Whether an area of specialised knowledge exists — Whether the opinion is based upon specialised knowledge — Whether the reliability of the opinion is relevant to the determination of admissibility of expert evidence

EQUITY — equitable remedies — injunctions — lease of shop premises — defendant lessor issues notice of termination to plaintiff lessee under demolition clause — whether balance of convenience supports injunctive relief — consequences of delay by plaintiff precludes injunctive relief