Cases and authorities

COSTS – determination of costs issues following final hearing of civil claim – Defendants succeed on merits – earlier significant breaches by Defendants of statutory duty under s.56(3) Civil Procedure Act 2005 – interlocutory indemnity costs order made in favour of Plaintiff – whether appropriate order to resolve all costs issues is that Plaintiff should pay 50% of costs of Defendants on ordinary basis – held order to that effect just and proportionate – order made

CRIME – sentencing – manslaughter – where offender did not have the actual specific intent of killing the victim – guilty plea – discount to be applied – whether utilitarian discount under s 25E(1)(b) is available where offer to plead guilty to an offence made but not formally entered in committal proceedings – statutory construction – whether alternative less serious offence is a “different offence” the subject of the proceedings

CRIMINAL LAW - evidence - admissions - lies as admissions - consciousness of guilt - application of Evidence Act - clumsy - whether accused intoxicated at time of making admissions - brown liquor - diazepam - droopy - dispute between witnesses - police officers evidence inconsistent with video recordings - body worn video - electronically recorded interview - accused received legal advice - accused stated he did not wish to be interviewed - continuing questioning calculated to have accused bear witness against himself - objection on various bases CRIMINAL LAW - evidence - reliability of admissions - whether truth of admissions unlikely to be affected - lies - whether untruth affected - circumstances in which lies were told - evidence admissible on this basis CRIMINAL LAW - evidence - admissions - lies - where accused seeks to exercise right to silence - continued questioning by police - accused drowsy and affected by drugs - evidence obtained improperly - discretion to admit in spite of impropriety - where impropriety deliberate - systemic - evidence excluded on this basis CRIMINAL LAW - evidence - admissions - lies - unfairness discretion - onus on accused - onus discharged - evidence excluded on this basis

PRACTICE AND PROCEDURE – Pleadings – Whether reasonable cause of action disclosed – Whether proceedings constituted an abuse of process – Where plaintiff commenced had proceedings in the District Court – Where those proceedings were dismissed – Where plaintiff did not seek to appeal against that decision – Where plaintiff then commenced proceedings in this Court – Where the effect of those proceedings was to re-agitate the determination of the District Court in the guise of an action in negligence – Where the plaintiff complained of discrimination in the conduct of the proceedings in the District Court – Review of transcript of those proceedings at odds with a complaint of discrimination and at odds with a complaint of a denial of procedural fairness – Where statement of claim did not disclose a cause of action against any defendant – Where proceedings were otherwise an abuse of process – Proceedings dismissed

PRACTICE AND PROCEDURE – motion for strike out of proceedings – cross application for leave to file further amended statement of claim – professional negligence – question of negligence of solicitors acting on property purchase – where solicitors acted for both parties in a complex purchase arrangement – where contractual matters already determined in previous proceedings – factual findings foundational to current action – Anshun estoppel – abuse of process – orders made

APPEALS – application for leave – applicant brought proceedings against respondent in District Court claiming damages for alleged misconduct in other proceedings – where respondent acted for parties in hostile civil litigation involving the applicant – proceedings summarily dismissed as disclosing no reasonable cause of action – where no issue of principle or question of general importance raised by appeal – where applicant not demonstrated an injustice which is more than merely arguable – leave refused

CHILD WELFARE – care proceedings – applicant alleged Children’s Court acted without jurisdiction and Supreme Court consequently erred in dismissing judicial review application – leave to appeal refused CHILD WELFARE – care proceedings – guardian ad litem appointed by Supreme Court – whether court required to appoint guardian ad litem if child or young person who is a party is incapable of giving proper instructions or whether court has discretion to do so – interaction between ss 98(2A) and 100 Care Act – reasonable argument and of some general importance – leave to appeal granted on limited basis

CRIMINAL LAW – application for leave to appeal against conviction – charges of sexual abuse of children – credibility of prosecution witness who had committed offences of the same kind – claim by witness that he had revealed the whole of his offending – witness subsequently convicted of further offences of the same kind – those convictions relied upon as fresh evidence – whether those convictions could be used as evidence of the witness’s guilt of those additional offences

CRIME — Appeals — Appeal against sentence – manifest excess – “compassionate grounds” related to the health of the applicant’s father – where applicant convicted of domestic violence offences and perverting the course of justice – purposes of sentencing – need for denunciation and general deterrence – leave to appeal refused

CRIMINAL LAW – sentence appeal – plea of guilty to offences of aggravated break enter and commit serious indictable offence, damage to property by fire and two counts of pervert the course of justice – whether applicant had experienced a disadvantaged background so as to attract the principles in Bugmy v The Queen – analysis by sentencing judge of report by psychologist – whether findings by sentencing judge concerning the psychologist’s report were open to him – no error on the part of the sentencing judge established – leave to appeal granted but appeal against sentence dismissed.

CIVIL PROCEDURE – interlocutory application – transfer of proceedings – interests of justice – partnership dispute – balance of connecting factors – application dismissed

PERSONAL PROPERTY — Co-ownership — Joint tenancy — Severance — whether unilateral severance of a joint tenancy by alienation to oneself is effective in relation to chose in action PERSONAL PROPERTY — Co-ownership — Statutory trust for partition — Appointment of trustees — whether a debt is “property” within the meaning of s 66G of the Conveyancing Act or whether it is a “chattel” within the meaning of s 36A of the Conveyancing Act

CIVIL PROCEDURE – plaintiff company without legal representation – director of the plaintiff company sought leave to represent it in the proceedings – leave refused and further proceedings stayed until plaintiff legally represented COURTS AND JUDGES – apprehended bias – strike-out and summary judgment application – where judge had made previous decision to summarily dismiss previous separate proceedings in which director’s de facto wife was the plaintiff – application for recusal refused CIVIL PROCEDURE – interlocutory applications – claims in tort for contamination of business premises – claims purportedly assigned to new trustee – statement of claim did not plead material facts – summary dismissal refused – statement of claim struck out with liberty to apply to re-plead – plaintiff ordered to pay a lump sum on account of costs of application

CRIME – sentencing – verdict of manslaughter following trial – offender administered pentobarbitone to her 92 year old mother – jury verdict consistent with manslaughter by unlawful and dangerous act or substantial impairment – found offender intended to kill – offender substantially impaired – mentally ill offender – whether s 5(1) of Crimes (Sentencing Procedure) Act 1999 satisfied – non custodial sentence imposed

EQUITY — trusts and trustees — beneficiaries — standing to bring proceedings — derivative suit in name of trustee — one group of beneficiaries seeking leave to sue another group in the name of trustee — special or exceptional circumstances — trustee refuses to cross-claim but received judicial advice that defending claims justified — whether proposed action is meritorious CORPORATIONS — members’ rights and remedies — oppression — where conduct is oppressive to, unfairly prejudicial to, or unfairly discriminatory against minority — dilution of shareholding via rights issues

ADMINISTRATIVE LAW – Motor accident legislation – Review of Medical Assessment Service Review Panel decision – Jurisdictional error – Ground of review other than procedural fairness – Failure to properly exercise jurisdiction – Failure to discharge statutory function to ascertain causation – Where absence of contemporaneous clinical record of left shoulder injury complaint treated as decisive – Jurisdictional error established – Orders in the nature of certiorari and mandamus granted ADMINISTRATIVE LAW – Remedies – Materiality – Whether plaintiff able to surmount 10% threshold of degree of permanent impairment – Application of permanent impairment guidelines – Reliance on range of motion measurements – Where possibility of exceeding 10% threshold existent – Materiality established ADMINISTRATIVE LAW – Discretionary factors – Futility – Where materiality established – Where relief in any event not futile where assessment of injury a matter for fresh consideration by differently constituted review panel

MEDICAL NEGLIGENCE – 18 year old plaintiff with undiagnosed congenital pars defect – where radiologist failed to report on the existence of the defect in mid-2012 – where radiologist admitted breach of duty – where plaintiff alleges that she complained of symptoms to orthopaedic specialist that were indicative of her congenital condition – where orthopaedic surgeon denies any such complaint – where plaintiff not thereafter treated conservatively – where plaintiff subsequently required spinal surgery in mid-2013 – whether plaintiff’s loss and damage caused by radiologist’s breach – whether conservative management of the condition during intervening 12 months would have avoided deterioration of her condition or the need for surgery with severe consequences or whether the outcome was unavoidable even if correctly treated and managed – standard of proof – whether plaintiff established loss and damage on balance of probabilities or merely a statistical chance that her condition could have been successfully managed without surgery if diagnosed earlier

CIVIL PROCEDURE — Stay of proceedings — Inherent power — Application for stay of proceedings in Children’s Court pending determination of summons seeking leave to appeal from summary dismissal of proceedings in the Supreme Court invoking parens patriae jurisdiction — Applicable test

COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Multiple issues — Where award in favour of plaintiff substantially reduced on appeal — Where issue on which defendant succeeded on appeal both severable and dominant — Costs award should reflect the parties’ degree of success — Impossibility of precisely assessing proportions of time spent and likely costs of different issues JUDGMENTS AND ORDERS — Amending, varying and setting aside — Costs order of appeal — Effect of entering or recording — Where notice of motion is not filed within 14 days of judgment being entered — Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) —Whether court can dispense with the rule — Civil Procedure Act 2005 (NSW), s 14 — Costs order not to be varied irrespective of whether there is power to do so

CIVIL PROCEDURE – Court of Appeal – Show cause hearing – Failure to file written submissions – Stay of hearing – Where no procedural unfairness in setting down hearing – Where no medical grounds for stay established – Where pendency of other motions by applicant, including applications to issue subpoenas and to reopen previous appeal, no reason for not preparing submissions – Stay refused – Where consistent failure to comply with directions – Where no sufficient reason for failure to file submissions – Self-executing order for dismissal of appeal if submissions not filed within one month CIVIL PROCEDURE – Court of Appeal – Notice of motion – Application to issue subpoenas – Where already before full bench on application to reopen – Abuse of process – Application dismissed CIVIL PROCEDURE – Court of Appeal – Notice of motion – Application to refer persons to prosecuting authorities – Where such relief inappropriate and unavailable – Abuse of process – Application dismissed

ADMINISTRATIVE LAW - judicial review - jurisdictional error - appeal to District Court from conviction and sentence imposed by Local Court - plaintiff granted bail pending determination of appeal - District Court dismissed appeal against conviction and revoked bail without hearing from plaintiff - District Court granted adjournment for sentence appeal - at subsequent hearing of sentence appeal, District Court refused disqualification application, gave Parker warning and sentence appeal was withdrawn - conceded breach of procedural fairness in revocation of bail - whether District Court decisions affected by apprehended bias - whether jurisdictional error in dismissing conviction appeal - summons dismissed

CONTEMPT – criminal contempt – where appellant engaged in conduct found to amount to a contumacious disregard of Court orders – where sentencing judge imposed a sentence of six weeks’ imprisonment – whether sentencing judge failed to consider possibility of suspending sentence for contempt – whether sentencing judge erred in failing to suspend the sentence – whether sentence was manifestly excessive. SENTENCING – criminal contempt – where sentencing judge imposed a sentence of six weeks’ imprisonment – whether sentencing judge erred in failing to suspend the sentence – power to suspend a sentence for criminal contempt in the Supreme Court’s civil jurisdiction – whether sentence was manifestly excessive.

Immigration – Refugees – Application for protection visa – Where appellant applied to Refugee Review Tribunal ("Tribunal") for review of first respondent's decision to refuse protection visa under Migration Act 1958 (Cth) ("Act") – Where s 438 notification issued under Act in relation to material including appellant's criminal record – Where Tribunal did not disclose existence of s 438 notification to appellant – Where first respondent conceded failure to disclose amounted to breach of procedural fairness – Where information covered by s 438 notification not referred to in reasons for decision – Whether breach material – Whether Tribunal in fact took s 438 notification information into account in making decision – Whether Federal Court erred by erecting presumption that Tribunal did not take s 438 notification information into account – Whether disclosure to appellant of fact of s 438 notification could realistically have led to different decision – Whether appellant or first respondent bore onus of proof of materiality – Whether Federal Court erred by confining materiality consideration to offence of dishonesty to exclusion of other offences. Words and phrases – "counterfactual inquiry", "credit", "discharging the burden of proof", "failure to disclose", "judicial review", "jurisdictional error", "lost opportunity to present legal and factual argument", "materiality", "onus of proof", "opportunity to be heard", "practical injustice", "presumption", "procedural fairness", "realistic possibility", "reasonable conjecture", "statutory interpretation", "subconscious impact", "threshold of materiality". Migration Act 1958 (Cth), Pt 7, s 438.

PRACTICE AND PROCEDURE – Application for adjournment to obtain further evidence – Where evidence goes to point conceded by defendant – Nothing to be gained from adjournment – Application refused

CONSUMER LAW — Consumer credit — National Credit Code — Application — Application for a loan by an individual yet issued to a company owned and controlled by the individual — Loan agreement entered into by the company as borrower — Mortgage given by the individual applicant’s de facto wife to the lender to secure the amount loaned pursuant to the loan agreement — Guarantees given by the individual applicant and the individual applicant’s de facto wife pursuant to the loan agreement — Whether the individual applicant and his de facto wife are “debtors” under the National Credit Code so as to enliven its provisions — Whether the individual applicant and his de facto wife have incurred primary liabilities to pay or repay a deferred debt — Held: individual applicant and his de facto wife are “debtors” within the meaning of the National Credit Code as they have incurred primary liabilities to pay or repay a deferred debt pursuant to the loan agreement — Loan agreement set aside CONTRACTS — Construction — Interpretation —Issue of whether, on the terms of the loan agreement, the individual applicant and his de facto wife have incurred primary liabilities to pay or repay a deferred debt — Loan agreement to be given a businesslike interpretation, yet also to be interpreted in light of the presumption mandated by s 13(1) of the National Credit Code — Onus on the Plaintiff to prove that the loan agreement is one to which the National Credit Code does not apply — Held: pursuant to the terms of the loan agreement, the individual applicant and his de facto wife have incurred primary liabilities to pay or repay a deferred debt — Alternatively, the Plaintiff has not discharged its onus of establishing that the National Credit Code does not apply to the loan agreement CONSUMER LAW — Unconscionable conduct — In connection with goods or services — Unconscionability under the Australian Securities and Investments Commission Act 2001 (Cth) — Asset-based lending — Failure by lender to obtain financial statements of the borrower — Attempt by lender to preclude the operation of the National Credit Code — Interest rates applicable under the loan agreement exceptionally high — Substantial fees payable upfront — Lack of financial advice — Held: the conduct of the lender was, in the circumstances, unconscionable — Loan agreement set aside to prevent or reduce loss or damage pursuant to s 12GM(1) of the Australian Securities and Investments Commission Act 2001 (Cth)

PRACTICE AND PROCEDURE – Application for referral to pro-bono panel for assistance – Third application following two earlier referrals – Whether special circumstances – Plaintiff in receipt of a disability support person – Special circumstances justifying a further referral not made out – Inference that plaintiff refused advice given pursuant to one of the earlier referrals and would not provide proper instructions – Application dismissed WORDS AND PHRASES – “special”

CIVIL PROCEDURE – pleadings – leave to amend to raise new defence, withdraw other defences and cross claim – where defendant recently became aware of matters giving rise to new defence – where amendments would necessitate vacation of hearing – whether reasonable prospects of success – whether delay adequately explained – leave to amend granted

CIVIL PROCEDURE – Application for summary judgment – Deeds of settlement – Construction of deeds – Extrinsic evidence – Prior negotiations

CHILD WELFARE — Adoption — Consent — Dispense order — Best interests CHILD WELFARE — Adoption — Change of name

COURTS AND TRIBUNALS – Mental Health Review Tribunal – whether Tribunal’s power to transfer forensic patients into a mental health facility includes power to specify when transfer is to occur and to what particular mental health facility a patient is to be transferred to. MENTAL HEALTH – Mental Health Review Tribunal – jurisdiction – whether Mental Health Review Tribunal had power to order the transfer of a forensic patient to a mental health facility “when a bed becomes available” – whether the Tribunal took into account an irrelevant consideration when it had regard to the availability of beds at a specific mental health facility in the course of exercising its power to make a transfer order under s 48 of the Mental Health (Forensic Provisions) Act 1990 (NSW) – where the relevant statutory context supported considerations of “practicability” as being relevant to the exercise of the transfer power under s 48 of the Act. STATUTORY INTERPRETATION – jurisdiction – Mental Health Review Tribunal – whether Mental Health Review Tribunal had power to order the transfer of a forensic patient to a mental health facility “when a bed becomes available” – where the relevant statutory context supported considerations of “practicability” as being relevant to the exercise of the transfer power under s 48 of the Act. STATUTORY INTERPRETATION – jurisdiction – Mental Health Review Tribunal – whether power to transfer a patient to or from a mental health facility includes power to specify when such a transfer should occur – implied incidental power – source of power – extent of implied incidental power.

BUILDING AND CONSTRUCTION – contract – damages – defects – whether the contractor was responsible for defects in materials supplied by a third party – where the relevant contractual warranty was confined to “works required to be performed by the contractor” BUILDING AND CONSTRUCTION – contract – termination – quantum meruit – whether the contract operated to generate release and waiver of subsequent claims for payment by the contractor – where the contractor had suffered irreversible detriment by incurring liability to pay for materials prior to the principal’s insistence upon strict adherence to the contract BUILDING AND CONSTRUCTION – contract – variation – implied promise to pay – whether the works constituted “variations” as defined in the contract – where the principal requested that the contractor supply materials that it had originally insisted upon supplying itself – where written approval was sought by the contractor in respect of all other variation works CONTRACTS – breach of contract – consequences of breach – right to damages – estoppel – promissory estoppel – whether it was unconscionable for the principal to resist payment for the performance of certain works – where the principal was positively encouraging the contractor to complete outstanding works – where such encouragement followed the principal’s purported departure from the assumption that it had approved these works EQUITY – estoppel – promissory estoppel – general principles and maxims – equity will not permit detriment to be visited upon or remain with the party who has not been sufficiently clearly disabused of the counter-party’s intended departure from the relevant assumption inducing reliance ESTOPPEL – promissory estoppel – detrimental reliance – whether the principal discharged its duty to inform the contractor labouring under an assumption that the basis for that assumption had “materially changed” – where such material change must be communicated in sufficiently clear terms – where the relevant communication did not expressly refer to or address the topic of the assumption – where the principal was positively encouraging the contractor to complete outstanding works in respect of materials that the principal knew it had originally undertaken to supply itself

CIVIL LAW – judicial review – jurisdictional error – whether District Court erred in failing to state a case to the Court of Criminal Appeal – power of Judge to decline to state a question of law – tension in authorities – unnecessary to resolve conflict in authorities – where nine of ten questions raised were not relevant questions of law – whether questions frivolous or baseless – where remaining question raised a material question of law concerning admissibility of probative evidence – jurisdictional error established CRIMINAL LAW – evidence – exculpatory statement by accused to community corrections officer immediately after alleged assault – where statement recorded in Departmental record – whether hearsay – whether business record – where Magistrate excluded evidence as “self-serving” – where District Court refused leave to introduce evidence on appeal – whether admissibility of record raised a question of law alone

CRIMINAL LAW – sentence appeal – attempted importation of methamphetamine and ephedrine above the commercial quantity – intended ratio of non-parole period to head sentence described by reference to that applying to another offender – whether sentencing judge’s intention correctly expressed – leave to appeal granted – non-parole period adjusted to fit with sentencing judge’s expressed intention.

CRIME — murder — trial — admissibility of evidence — question of admissibility of evidence pursuant to ss 66 and 108(3) Evidence Act — second-hand hearsay — evidence of an admission — capacity of evidence to effect resolution of issues in the trial — whether probative value outweighs prejudicial effect

PRACTICE AND PROCEDURE – Application to separate the issue of quantum from liability – Where psychiatric condition of child plaintiffs not yet stabilised – Whether application fair in the circumstances – Application granted

COSTS – offers of compromise – plaintiff made offer to defendant to settle plaintiff’s claim – offer conditional upon acceptance of another offer in relation to defendant’s cross-claim – defendant failed to accept offers – plaintiff obtained judgment on its claim that was no less favourable than the terms of its offer – Uniform Civil Procedure Rules 2005 r 42.14 applied so that unless the Court orders otherwise the plaintiff is entitled to ordinary costs up to the date of the offer and indemnity costs thereafter – no good reason to order otherwise COSTS – offers of compromise – cross-defendants made offer to cross claimant to settle cross-claimant’s claim – term of offer that judgment be entered for cross-defendants – cross-claim discontinued following a narrowing of plaintiff’s case – cross-claim would have failed had it continued – cross-defendants entitled to order for costs on the ordinary basis – no entitlement to indemnity costs because cross-defendants did not obtain an order on the cross-claim no less favourable to them than the terms of the offer

HIGH RISK OFFENDERS – Interim Supervision Order – application – consent – matters to be considered – unacceptable risk of committing a serious offence – Interim Supervision Order issued

BUILDING AND CONSTRUCTION – interim relief –applicant claims no construction contract – similar contention made to adjudicator, but withdrawn – adjudicator determined had jurisdiction – jurisdictional challenge now revived in this Court – respondent alleged to be insolvent – interim relief refused.

TORTS – amended statement of claim – malicious prosecution – the identity of prosecutor – reasonable and probable cause – malice – false imprisonment – damages – orders

JUDGEMENTS AND ORDERS – declarations – where finding made that plaintiff entitled to be paid for variations – where no amount owing to plaintiff because of payment made by defendant following a determination pursuant to the Building and Construction Industry Security of Payment Act 1999 – whether utility in declaring amount allowed for variations

CORPORATIONS – Scheme of arrangement – Application for order convening meeting of members to consider scheme of arrangement.

SECURITY FOR COSTS – Foreign judgment registered – Application to set aside registration

CONTRACTS – construction and interpretation – contract for sale of land – condition precedent that purchaser obtain a development approval by 31 March 2020 – Council approved development on 17 March 2020 – development approval informally notified to purchaser by following day – signed development approval documents not sent to purchaser until 2 April 2020 – held that purchaser did not obtain development approval by 31 March 2020 – condition precedent not satisfied CONTRACTS – termination – principle that a party cannot exercise contractual right in reliance upon event resulting from its own default – purchaser required to use all reasonable endeavours to obtain development approval – purchaser terminated contract due to lack of development approval –substantial chance that purchaser would have obtained development approval had they used reasonable endeavours – held that purchaser not entitled to terminate contract LAND LAW – deposits – contract for sale of land – purchaser paid $100,000 deposit – purchaser’s wrongful termination constituted repudiation – vendor accepted repudiation and terminated contract – vendor entitled to deposit

CRIMINAL LAW - application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) (“the CAR Act”) for an inquiry into the applicant’s conviction – no doubt or question raised about the applicant’s guilt

EQUITY – trusts and trustees – powers, duties, rights and liabilities – powers of trustees – statutory jurisdiction of the court to confer powers on trustees pursuant to Trustee Act 1925 (NSW), s 81 – where trustees seek orders authorising advances of capital and income to residual beneficiaries under cl 5 of will – where one remaining beneficiary to receive capital at specified ages – where substantial trustee fees and holding costs likely incurred before specified ages reached – expedient in the management and administration of the trust to grant additional powers sought

CORPORATIONS — Financial reporting — Relief from reporting obligations — Application for relief under s 1322 of the Corporations Act — Extension of time sought to lodge notice with Australian Securities and Investments Commission seeking application of certain provisions of the former Corporations Law — “Grandfathered proprietary company” exemption — Whether substantial injustice. CORPORATIONS — Directors and officers — Application for relief under s 1322 of the Corporations Act — Relief from civil liability in respect of failure to lodge (a) relevant notice with Australian Securities and Investments Commission; and (b) financial accounts

NEGLIGENCE – duty of care – breach – standard of care – professional negligence – whether reasonable to leave medical hardware in situ after the injury had healed – differing opinions of orthopaedic surgeons – reliance on infectious diseases experts NEGLIGENCE – causation – medical negligence – later infection where medical hardware left in situ after earlier operation – whether later operation would have been required but for the foreign material – conclusion not dependent on whether infection caused by organisms present when first operation undertaken NEGLIGENCE – damages – economic loss – loss of earning capacity – business losses incurred by appellant’s employer – no evidence that plaintiff suffered loss of income for closed period

CONTRACTS — implied terms — terms implied in fact — necessity — numerous alternative possible constructions — agreement constituted by combination of oral, written and implied terms CONTRACTS — termination — repudiation of contract — acceptance of repudiation — allegations of fraud — whether terms of conversation amounted to repudiation — significance of pleadings inconsistent with terms of contract as later alleged MORTGAGES AND SECURITIES — mortgages — duties, rights and remedies of mortgagor — equity of redemption — mortgage over company share — contractual right to redemption extinguished on default — whether equitable right to redemption survived in spite of delay

MENTAL HEALTH – forensic patient – application for extension of status as forensic patient – unacceptable risk posed by defendant – question whether less restrictive means available that could manage risk – unavailability of less restrictive means to be proved with high degree of probability – possibility but still high degree – more time on conditional release may raise real possibility – extension granted for short duration

COSTS – Costs assessment – Determination – Order for costs to be paid forthwith and specified as a gross sum – Determination of the gross sum