Cases and authorities

CRIMINAL PROCEDURE – lies – directions to jury – consciousness of guilt – where Crown conducted a case in relation to one alleged lie told in consciousness of guilt – whether trial judge erred in directing jury about three alleged lies told in consciousness of guilt EVIDENCE – character evidence – good character – where applicant sought to lead evidence of lack of prior convictions – where trial judge refused to allow applicant to adduce evidence of prior good character – whether trial judge erred EVIDENCE – tendency evidence – coincidence evidence – whether direction sought by Crown – whether trial judge permitted to give direction

CRIMINAL LAW – evidence – application by consent for witness to appear via AVL – public health emergency considerations – significant distance for witness to travel by plane to give evidence in person – witness in high risk category

CRIMINAL LAW – murder – evidence – hearsay evidence – witness unavailable – consideration of other criteria for admission – evidence inadmissible

CRIMINAL LAW - Accused to stand trial for two counts of dealing with the proceeds of crime under s.400.3(1) Criminal Code (Cth) - Crown inform Court in 2019 that a co-accused (who is pleading guilty) will not be called as a Crown witness - Crown decision announced after substantial draft statement obtained by police from co-accused before process discontinued - trial of Accused fixed to commence on 12 October 2020 - arrangements made for jury trial to proceed in special conditions resulting from COVID-19 pandemic - Crown application to vacate trial made on 4 September 2020 - Crown had decided to call co-accused at trial of Accused - change of Crown position since 2019 - Accused consents to Crown application - whether trial should be vacated - public interest in trial proceeding on date fixed for trial - heightened public interest because of special arrangements made for trial - very late application based on reversal of Crown position - detrimental impact of late application upon administration of justice - reluctant decision made to vacate trial given joint position of parties

PRACTICE AND PROCEDURE – summary dismissal – abuse of process – where proceedings commenced in the Supreme Court seeking relief in the parens patriae jurisdiction of Court – where the basis for the relief sought seeks to re-litigate issues determined in previous proceedings in the Children’s Court and on appeal to the Supreme Court – proceedings dismissed as an abuse of the process of the Court

CORPORATIONS – Winding up – Application for directions under s 90-15 of IPSC in relation to matters arising under winding up – Pooling – Whether liquidators can pool certain client segregated accounts and other monies – Where client accounts have been intermingled – Where impracticable and uneconomical to trace to individual client interests – Where impracticable and uneconomical to apply lowest intermediate balance rule.

COSTS — Party/Party — General rule that costs follow the event — Unnecessary joinder of party — Costs order against legally assisted person — Costs order against tutor personally — Gross sum costs

CONTRIBUTION - contribution in equity - lender sued one of two borrowers for unpaid money - judgment obtained - bankruptcy notice served and creditor’s petition filed - whether debtor entitled to declaratory relief that other debtor liable to contribution - whether necessary to establish that debtor was ready willing and able to pay REAL PROPERTY - co-ownership - application for sale pursuant to Conveyancing Act 1919 (NSW) s 66G - whether property held on express or constructive trust for one co-owner TRUSTS - common intention constructive trust - whether co-owned property held on trust for one co-owner - whether express or implied common intention that property held on trust - consideration of relationship between common intention constructive trust and estoppel

CRIMINAL LAW – sentence – murder – stabbing with intention to kill – victim was the ex‑partner of the offender – CCTV footage tendered at sentence hearing – not impulsive or spontaneous – offender diagnosed with major depressive disorder – relevance to sentence – above mid-range of objective seriousness – remorse – plea of guilty – risk of serious reoffending low but not negligible – comparable cases – sentence for murder 25 years and 6 months with non-parole of 19 years

Application for leave to institute proceedings – recent, relevant judgment not included in affidavit evidence – legal and factual consequences of judgment not the subject of submissions in support of application – essential statutory precondition for grant of leave not fulfilled

CRIMINAL LAW – sentence – murder – plea of guilty – domestic violence – single stab wound – intent to inflict GBH – isolated incident – psychological effects of offender’s background of physical and sexual abuse as a child - remorse

CONTRACT – Construction and interpretation – Consideration of the principles of contract interpretation – Whether application of principles of contractual interpretation modified by entire agreement clause – Relevance of surrounding circumstances

LAND LAW – covenants – restrictive covenants – construction – where restrictive covenant states that no matter or thing of any nature whatsoever shall be constructed on erected on placed on or permitted to remain on the servient tenement that exceeds a height of RL 26 AHD – where airspace above the servient tenement became part of the dominant tenement after registration of the restrictive covenant – whether on the proper construction of the restrictive covenant there is an implied positive covenant or easement allowing the owner of the servient tenement to enter into the airspace on a transitory basis – restrictive covenant held not to include a positive covenant or easement LAND LAW – easements – implied easements – easements of necessity – where airspace above the putative dominant tenement is owned by putative servient tenement – where that airspace previously formed part of the property of the putative dominant tenement until the registration of a plan of subdivision under which the airspace became part of the putative servient tenement – whether easement over airspace is essential for the use of the putative dominant tenement – implied easement of necessity held to have arisen at the time of the registration of the plan of subdivision – easement not enforceable by current owners of putative dominant tenement TORTS – trespass – trespass to land – title to sue - where owners corporation of a strata scheme is the registered proprietor of airspace which contains a view of Sydney Harbour and is located above an adjacent property – where airspace forms part of the common property of the owners corporation – owners corporation held to have standing to bring a claim for trespass to airspace TORTS – trespass – trespass to land – where owners corporation of a strata scheme is the registered proprietor of airspace which contains a view of Sydney Harbour and is located above an adjacent property – where it is not possible for owner of the adjacent property to access roof of that property without encroaching into the airspace – where agents of adjacent property owner enter into airspace on several occasions to effect repairs to and survey the roof for possible future development – defence of necessity established in relation to some but not all of the encroachments into the airspace – trespass held to have occurred on the other occasions – compensatory damages awarded TORTS – private nuisance – title to sue – whether the owners corporation of a strata scheme can bring a claim for private nuisance in respect of damages or loss allegedly suffered by individual lot owners in the strata scheme – owners corporation held not to have standing to bring a claim for private nuisance on behalf of lot owners LAND LAW – covenants – restrictive covenants – application to modify or extinguish restrictive covenant pursuant to s 89 of the Conveyancing Act 1919 (NSW) – power to make orders – where proposed modification to restrictive covenant seeks in substance to create an easement – no power to create an easement under s 89 of the Conveyancing Act LAND LAW – easements – court-imposed easements – Conveyancing Act 1919 (NSW), s 88K – proposed easement to access the airspace owned by putative servient tenement as reasonably necessary and on a temporary basis to repair, maintain and/or improve structures on the putative dominant tenement – whether reasonably necessary for the effective use or development of the putative dominant tenement – proposed easement reasonably necessary for effective use or development insofar as it permits access to the airspace as necessary and on a temporary basis for repairs and maintenance only LAND LAW – easements – court-imposed easements – Conveyancing Act 1919 (NSW), s 88K – compensation – whether the lot owners in a strata scheme are entitled to be compensated for any loss or other disadvantage arising from an easement to be imposed over common property of owners corporation – lot owners are not persons having an estate or interest in the common property that is evidenced by an instrument registered in the General Register of Deeds or the register kept under the Real Property Act 1900 (NSW) – lot owners not entitled to compensation – Community Association DP 270447 v ATB Morton Pty Ltd (2019) 240 LGERA 32; [2019] NSWCA 83 applied LAND LAW – easements – court-imposed easements – Conveyancing Act 1919 (NSW), s 88K – whether reasonable attempts have been made to obtain the easement or an easement having the same effect – where first attempts to obtain the easement or an easement having the same effect made only after the commencement of proceedings – where attempts made after the commencement of proceedings were sufficient in circumstances where lengthy correspondence between the parties about access, and the owner of the putative servient tenement was not prepared to grant an easement on any terms prior to receiving the first offer PRACTICE AND PROCEDURE – applications – leave to amend pleadings – application to amend summons and statement of claim – application made on the last day of a four-day hearing – no adequate explanation for the delay in making the application – where the proposed amendment merely clarifies what was already implicit in the existing pleadings – application granted LAND LAW – Torrens title – contents of Register – where restrictive covenant recorded in a previous folio of the dominant land – where that restrictive covenant is not recorded in current folio of dominant land – observations about whether the dominant and servient tenements’ title is subject to the restrictive covenant

CRIMINAL LAW - application to revive memory - application by Prosecutor to cross-examine own witness - mysterious approach taken by counsel - witness with astonishingly bad or selective memory - relevant considerations - whether lack of evidence equates to unfavourable evidence - whether prior inconsistent statement - whether witness making genuine attempt to give evidence - the misfortune of sitting in court 6.1 at the Downing Centre - peculiarities of the room - the ubiquitous Mr Quilter

LAND LAW – Conveyancing – Contract for sale – Rescission – Respondent wished to rescind contract – Appellants did not consent to proposed rescission and maintained contract was “still on foot” – Appellants elected to affirm contract rather than terminating and seeking loss of bargain damages – Appellants sought orders for specific performance – Respondent subsequently entered into a Scheme of Arrangement Deed and sought to rescind the contract on this basis – Appellants sought loss of bargain damages – Whether contract came to an end because of supervening circumstances – Whether appellants entitled to loss of bargain damages at the time when respondent terminated contract on basis of entering into Scheme of Arrangement.

TAXES AND DUTIES – administration of federal tax legislation – collection and recovery of taxes – PAYG tax – where company failed to remit PAYG withholdings to the Commissioner – where Director Penalty Notice issued – where appellant made payments to the Commissioner but failed to advise they were to be applied to the Director Penalty Notice liability – whether primary judge erred in finding that amounts paid did not extinguish Director Penalty Notice liability ESTOPPEL – estoppel by representation – detrimental reliance – whether ATO officer made representations that the PAYG withholding liabilities had been satisfied – whether Commissioner estopped from asserting that the amount was received and allocated other than in satisfaction of Director Penalty Notice liability

CHARITIES AND NOT-FOR-PROFITS – Charitable gifts and trusts – Cy-près scheme – Trust property – Dispute between two rival factions within the Russian Orthodox Church over use of charitable trust property; the church administering the trust property was originally controlled by the plaintiffs’ faction, but the church later came under the control of the defendants’ faction; the statement of claim and cross claim were substantially resolved at mediation but the Court was required to consider whether to approve a cy-près scheme which would allow the trust property to be administered by the church under the control of the new faction – Where it was agreed before the Court that the trust was a charitable trust – Where the need for a cy-près scheme was agreed between the parties, including the Attorney-General, and where the text of the cy-près scheme had been agreed – Where the Court was satisfied that the trust was charitable and that a cy-près scheme was justified given that the original purposes of the trust had ceased to provide a suitable and effective method of using the trust property, having regard to the spirit of the trust – Where the Court required some amendments to be made to the cy-près scheme to make it more workable. CHARITIES AND NOT-FOR-PROFITS – Administration and control by the court – Attorney-General’s role as protector of charities – Joinder – Where the parties agreed that the trust was charitable and that the Attorney-General should be joined.

ADMINISTRATIVE LAW – jurisdictional error – where multiple grounds propounded by the plaintiff - procedural fairness – where no opportunity given to re-examine the plaintiff – where Review Panel failed to conduct fresh assessment – where constructive failure to exercise jurisdiction – where question of adequate reasons given by the decision-maker – where question of failure to respond to substantial and clearly articulated arguments – where lack of contemporaneous record of complaint was treated as decisive to causation

ADMINISTRATIVE LAW – appeal under Crimes (Administration of Sentences) Act 1999 (NSW) – refusal of parole by State Parole Authority – whether decision based on false, misleading or irrelevant information – application dismissed

CIVIL PROCEDURE — Pleadings — Form and content of pleading — Defects — Leave to replead — Striking out — No reasonable cause of action or defence

RESTITUTION — restitution for wrongdoing — monies obtained by fraud — claim against volunteer recipient under Heperu Pty Ltd v Belle (2009) 76 NSWLR 230— disposition with intent to defraud creditors — Conveyancing Act 1919 (NSW), s 37A EQUITY — tracing — mixed funds — multiple bank accounts — whether tracing should be undertaken on aggregated basis — residential property — building work expenditure — mortgage repayments — proprietary claim — subrogation — indefeasibility

CIVIL PROCEDURE – appeal from decision dismissing claim to have sales transactions declared void – where respondents gave undertakings in the nature of freezing orders to preserve the moneys the subject of the appeal – application by respondents for release of funds for legal expenses and living expenses of company director

APPEAL – stay of execution – informal application for stay pending application for leave to appeal – whether issue already decided by Court of Appeal – whether already decided on remitter from Court of Appeal – whether subsequent High Court authority confirmatory of position – whether prospect of success and balance of convenience favoured a stay – application refused – orders made permitting access to seized item, subject to undertakings, for limited purpose of permitting Commissioner to be heard as to the grant of injunctive relief.

CRIME – appeals – appeal against conviction – unreasonable verdict – offences contrary to s 1307(1) of the Corporations Act 2001 (NSW) – sham agreement – whether sufficient evidence of the parties’ intentions and knowledge to convict – whether Crown able to exclude a particular hypothesis beyond reasonable doubt CRIME – appeals – appeal against conviction – miscarriage of justice – prosecutor’s closing address – rhetorical questions – obligation of prosecutor – references to “no evidence” – reversal of onus of proof CRIME – appeals – appeal against conviction – miscarriage of justice – written summing up – whether trial judge’s summing up presented the case for each party in a fair and balanced manner CRIME – appeals – appeal against conviction – error of law – evidence – relevance – opinion evidence – whether trial judge erred in admitting evidence CRIME – appeals – appeal against conviction – error of law – evidence – relevance – authenticity of a document – whether trial judge erred in refusing to admit evidence – National Australia Bank Ltd v Rusu not followed CRIME – appeals – appeal against conviction – error of law – jury directions – change in Crown case – definition of “false” in the context of sham – direction on sham – direction as to who was the directing mind of a company CRIME – appeals – appeal against conviction – error of law – jury directions – question trail which was said to require “yes” or “no” answers – direction that the jury needed only to be satisfied that the Crown case was reasonable – reversal of the burden of proof CRIME – appeals – appeal against conviction – error of law – whether trial judge erred in refusing to give a Mahmood direction CRIME – appeals – appeal against conviction – verdict of acquittal substituted

CRIMINAL LAW – sentence appeal – reckless wounding causing grievous bodily harm committed in company contrary to s 35(3) of the Crimes Act 1900 (NSW) – affray contrary to s 93C(1) of the Crimes Act – two s 9 bonds revoked and sentences imposed – indicative sentence of 6 years and 6 months with a non-parole period of 4 years and 6 months provided – whether court took into account reduced moral culpability by reason of the applicant’s mental health – whether proper regard was had to the applicant’s disadvantaged early life – whether due regard had to the principles of remorse and provocation – whether the totality principle applied – whether sentence manifestly excessive – appeal dismissed.

CRIMINAL LAW – evidence – phone calls from gaol – assessment of probative value – assessment of prejudicial effect – danger of misuse of evidence – evidence excluded

BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) – The plaintiff design & construct contractor for the Sydney Light Rail Project entered into an agreement with the first defendant for the production and supply of ready mixed concrete – The first defendant made a payment claim on the plaintiff for ready mixed concrete allegedly supplied to the plaintiff under several purchase orders but not paid for – The plaintiff responded with a nil payment schedule – The claim went to adjudication and the second defendant made a determination for $2,953,035.57 in favour of the first defendant – The plaintiff challenged the jurisdiction of the second defendant on the grounds that the payment claim was invalid because it covered work under more than one contract – The plaintiff also relied on other grounds, including that the adjudicator had denied it procedural fairness, as vitiating the determination – HELD – The second defendant had no jurisdiction, the plaintiff had been denied procedural fairness, and the second defendant had not discharged the statutory task of satisfying herself that the work claimed for had been done and of its value

COSTS – Gross sum costs order – Civil Procedure Act 2005 (NSW) s 98(4)(c) – Complex multi-party proceedings – Appropriate to make gross sum costs order and determine amount

DEED OF SETTLEMENT AND RELEASE – default of payment – entry judgment – judgment in favour of plaintiffs – pre-judgment interest

DEED OF SETTLEMENT AND RELEASE – default of payment – entry judgment – judgment in favour of plaintiff – pre-judgment interest

PRACTICE AND PROCEDURE – Default judgment – Application to set aside default judgment for possession of land – Where the writ of possession has already been executed

CORPORATIONS — Voluntary administration — Deed of company arrangement — Application under s 444GA of the Corporations Act 2001 (Cth) for leave to transfer shares pursuant to DOCA — Whether residual equity in company – Whether shareholders unfairly prejudiced — Where administrators refused to convene meeting to consider alternative DOCA proposed by certain shareholders — Alternative DOCA proposed after current deed proponent already paid into deed fund — Shareholders foreshadowed but did not bring applications requiring consideration of alternative DOCA — Whether third party offering higher consideration through alternative DOCA allows current DOCA to be varied.

TORTS – breach – duty of care to maintain support for land under section 177, Conveyancing Act 1919 (NSW) – retaining wall built in 1920s runs adjacent to boundary between supporting land and supported land – where paling fence sits atop retaining wall – not in dispute that retaining wall provides support for supported land – defendants engage builder to perform works on supporting land in 2012 – works include removal of garden bed adjacent to retaining wall and laying of concrete slab – no provision of shoring for retaining wall – plaintiff claims works carried out negligently so as to cause retaining wall and fence to rotate and cracks to form on plaintiff’s land – not shown that works were carried out negligently – held further that plaintiff failed to establish that works caused or contributed to movement or rotation of retaining wall or damage to plaintiff’s land

CIVIL PROCEDURE – Costs orders – indemnity costs – in its first judgment the Court made a specified gross sum costs order under Civil Procedure Act 2005, s 98(4)(c) – the order followed the settlement of the plaintiffs’ claim for relief under Conveyancing Act 1919, s 88K for the creation of an easement over the defendants’ properties – the proceedings had settled after three days of hearing – the parties agreed that the plaintiffs pay the defendants’ costs of the proceedings up to and including the first day of the hearing – in its first judgment the Court ordered the plaintiffs to pay the defendants’ costs of the second and third days of hearing – the quantum of a specified gross sum costs order was fixed in the first judgment – but a Calderbank offer was made by the defendants prior to the costs argument and is now before the Court – whether an indemnity costs order should be made in respect of the contest over a specified gross sum cost order – whether sufficient time allowed to the offeree for acceptance of the offer – discussion of the difficulties encountered for an offeree, when no clear period for acceptance by the offeree is set out in the offer and the offer is withdrawn after a short period – whether the offeree had sufficient evidence and submissions to hand properly to consider the offer – discussion of the relationship between the complexity of the material to be considered by the offeree and the length of time allowed for acceptance of the offer - discussion of the form of Calderbank offers and of the need for them to clearly warn that non acceptance of the offer may result in an application for indemnity costs.

ADMINISTRATIVE LAW – Judicial review – State Insurance Regulatory Authority – Motor Accident Injuries Act 2017 (NSW) – Review of a medical certificate of a Review Panel – Denial of procedural fairness – Failure to advise the plaintiff of its intention to use an article to draw an adverse conclusion about his claim

JUDGMENTS AND ORDERS — amending, varying and setting aside — as if judgment had not been entered — irregularity, illegality or lack of good faith —order for dismissal of claims by another judge following failure re-plead in accordance with directions — order not appealed — set-aside application dismissed

CRIME – sentence – appeal against severity – armed robbery – multiple offences in company – youth – low cognitive functioning – manifest excess SENTENCE – disproportion between overall sentence and non-parole period – no presumption that offender will be released on completion of non-parole period – balance of term excessive

CRIME – sexual offences – sentencing – 13 counts of aggravated sexual assault, indecent assault and acts of indecency – knowledge of offender as to absence of consent – whether finding as to possible belief in consent (albeit unreasonable) inconsistent with finding that offender reckless as to consent – Crimes Act 1900 (NSW), s 61HA SENTENCING – sexual offences – subjective considerations – mental illness – autism spectrum disorder – significance of mental condition to knowledge as to absence of consent – moral culpability – whether diminished due to mental illness – whether sentence manifestly excessive

COSTS – interlocutory applications – no issue of principle

CONTRACTS — Formation — Whether binding agreement existed between the parties —Where defendant provided letter to Council stating that parties had reached in principle agreement regarding the grant of easement by the defendant in favour of the plaintiff — Where parties had negotiated the terms of a Deed providing for the grant of the easement — Whether intention of the parties was not to make a concluded bargain unless and until they executed the Deed —Where the Deed was not signed by the defendant ESTOPPEL — Promissory or proprietary estoppel — Whether the defendant represented that it agreed to or would grant an easement to the plaintiff— Whether plaintiff relied on such a representation or promise — Where defendant provided letter to Council that parties had reached in principle agreement regarding the grant of easement — Discussion as to appropriate relief if estoppel made out LAND LAW — Easements — Whether easement should be granted pursuant to s 88K of the Conveyancing Act — Whether easement reasonably necessary — Where alternative access routes potentially available — Where proposed easement provided the safer and more practical route

CIVIL PROCEDURE — Court of Appeal — procedure — application to vacate hearing date — no question of principle

ADMINISTRATIVE LAW – judicial review of decisions of Industrial Relations Commission relating to removal of officer from NSW Police Force – whether IRC erred in law and failed to exercise jurisdiction whilst undertaking statutory task of review under s 181E of the Police Act 1990 (NSW) – whether IRC misapplied s 181F(2) concerning onus of proof – legal, tactical and evidential burdens of proof considered – where decision was not affected by jurisdictional error. INDUSTRIAL RELATIONS – Industrial Relations Commission – whether the removal of an officer from the NSW Police Force was “harsh, unreasonable or unjust” – whether IRC erred in law and failed to exercise jurisdiction whilst undertaking statutory task of review under s 181E of the Police Act 1990 (NSW) – whether IRC misapplied s 181F(2) concerning onus of proof – legal, tactical and evidential burdens of proof considered. POLICE – officer removed from NSW Police Force pursuant to s 181D(1) of the Police Act 1990 (NSW) for alleged voluntary consumption of illicit drugs –officer successfully reviewed dismissal pursuant to s 181E of the Police Act – whether IRC misapplied s 181F(2) concerning onus of proof – legal, tactical and evidential burdens of proof considered. STATUTORY INTERPRETATION – construction of s 181F(2) of the Police Act 1990 (NSW) – whether the removal of an officer from the NSW Police Force was “harsh, unreasonable or unjust”.

APPEALS – application for leave to appeal – where submissions in support of application for leave to appeal were oppressive – where submissions were in flagrant breach of procedural rules under Uniform Civil Procedure Rules 2005 (NSW) – where application for leave did not raise issue of principle, question of public importance or a reasonably clear injustice. PROCEDURE – litigants in person – unrepresented litigants – importance of adhering to length, content and form requirements for written submissions as set out in Uniform Civil Procedure Rules 2005 (NSW) – importance of adhering to procedural rules to ensure costs to parties are proportionate to complexity of subject matter in dispute – no special rules or treatment for litigants in person.

CRIME – appeals – appeal against sentence – whether aggregate sentence manifestly excessive – notional accumulation – appeal allowed – applicant re‑sentenced

CIVIL PROCEDURE – Pleadings – Striking out – No reasonable cause of action or defence – Tendency to cause embarrassment – whether plaintiff’s claims should be struck out or dismissed – where plaintiff claims liquidated damages for delay, damages for failure to complete contract works, restitution for overpayments and an entitlement to set-off debts due to the defendant – plaintiff’s claims struck out in part CIVIL PROCEDURE – Technology and Construction List – Entry in – where it is unknown whether proceedings will remain in the Supreme Court of NSW – proceedings not transferred to construction list CIVIL PROCEDURE – application to re-open case – where plaintiff seeks leave to tender a deed of company arrangement and affidavit from administrator – leave to tender deed granted – where administrator’s affidavit of limited probative value – leave to tender affidavit refused CORPORATIONS – Voluntary administration – Deed of company arrangement – whether defendant has been granted leave under s 444E(3) of the Corporations Act 2001 (Cth) to bring its cross-claim and proceed with motion for judgment – whether leave should be granted and judgment entered – where defendant seeks judgment on payment claim and plaintiff failed to pay or provide a payment schedule – judgment ordered on condition defendant not entitled to execute against plaintiff’s assets

CORPORATIONS – company owns 50% of land – company buys other 50% for $10M using vendor finance – loan in default – receivers appointed – application by director to bring derivative suit – vendor finance said to be induced by sham offer to buy property for $20M – director yet to provide books and records – director yet to provide report on company activities and property (ROCAP) – director reported to ASIC – receivers concerned rent misappropriated to company related to director – director declines to provide indemnity. CORPORATIONS – leave under ss 236 and 237 Corporations Act 2001 (Cth) – whether applicant acting in good faith – importance of indemnity – whether derivate suit for collateral purposes – whether in best interests of company – whether applicant suitable to bring derivative suit – whether derivative suit meritorious – applicant fails to establish requirements of s 237.

CIVIL PROCEDURE — discontinuance of proceedings — leave of court — claim by bankruptcy trustees against a bankrupt — where real property held on trust by the bankrupt allegedly passed to the bankruptcy trustees by reason of right of indemnity out of assets of trust — bankruptcy trustees’ appointment challenged in unresolved proceedings in Federal Court — defendant self-represented and not entitled to recover costs of work on proceedings — priority costs order already made — application refused

CIVIL – Notice of motion – leave to file further amended statement of claim – history of filing amended statement of claims – revised further amended statement of claim – incapability of document to serve its purpose – claim in negligence – claim under Australian Consumer Law – request for judicial review – no legitimate basis for claims – statement of claim struck out – leave to re-plead refused – no utility in proceedings

CORPORATIONS — Voluntary administration — Court approval of remuneration — Where remuneration amount approved by creditors exceeded by subsequent work — Whether remuneration reasonable — Deeds of company arrangement — Approval of deed administrators’ remuneration — Application for approval of future remuneration

HIGH RISK OFFENDER – application for final orders – extended supervision order – defendant convicted of serious sexual offences against children – question as to whether the defendant poses an unacceptable risk of committing further sexual offences if not supervised – appropriateness of proposed conditions of supervision