Cases and authorities

EQUITY — Equitable remedies — Injunctions — Application for interlocutory injunction — whether an ex parte injunction prohibiting the first defendant from employing the plaintiff's former employee, the second defendant, should be extended until further order of the Court on an interlocutory basis following an inter partes hearing — prima facie case — balance of convenience — impact of expedition and delay on evidence in applications for injunctive relief — the outcome of the interlocutory application is not likely to have the practical effect of finally determining the rights of the parties — the plaintiff has demonstrated a sufficiently strong case to justify the Court in deciding that the existing interlocutory injunction should be continued until further order of the Court RESTRAINT OF TRADE — General principles governing enforcement of restraint of trade provisions — whether the alleged breach infringes the terms of the restraint — whether the restraint is contrary to public policy — whether the restraint is prima facie invalid at common law

CIVIL – FORENSIC PATIENTS – Mental Health (Forensic Provisions) Act 1990 – application for extension order – interim proceedings – question of whether qualified professors should be appointed to examine defendant – whether statutory test can be met

CRIMINAL LAW – application to set aside orders granting leave to the NSW Crime Commission to examine a person charged with criminal offences – leave previously granted pursuant to s 35A Crime Commission Act 2012 (NSW) – significant delay following grant of leave without examination taking place – related proceedings taken in the Court of Appeal - asserted change of circumstances such that orders granting leave should be set aside – question of public interest in full investigation – criminal proceedings likely to be soon resolved – scope of rule 36.16(2)(b) Uniform Civil Procedure Rules 2005 (NSW) to allow evidence of events after the entry of challenged orders to be considered - asserted invalidity of s 35A under the Constitution – asserted abuse of process in agitating an argument previously advanced

PRIVILEGE – s 119 and s 125 of the Evidence Act 1995 (NSW) – communication by complainants to DPP – claim for malicious prosecution – whether DPP is “client” – furtherance of fraud – any privilege lost

CORPORATIONS – external administration – application for direction that liquidators of company are justified in acting in accordance with remuneration approvals given by committee of inspection – where remuneration claimed amounts to a large proportion of amounts recovered due to complexity of liquidation – whether liquidators are justified in acting in accordance with remuneration approvals – where company is trustee of a trading trust and has no other activities – whether liquidators should be permitted to recover remuneration from trust assets.

EQUITY – rectification – common intention and mistake – antecedent informal agreement – whether € 10 million hail limit contained in master policy for international programme of insurance was intended to be included in but mistakenly omitted from Australian local policy INSURANCE – measure of indemnity – reinstatement – whether cost of replacement refers to costs actually incurred in replacement INSURANCE – business interruption insurance – formula for assessment of insured loss of gross profit – whether accounting provisions that would have been made for depreciation of plant and equipment in fact destroyed are sums saved during indemnity period in consequence of insured damage in respect of charges and expenses payable out of such gross profit INSURANCE – property insurance – industrial special risks – physical loss – whether proof that recovery of property is uncertain suffices to establish loss by deprivation of possession – meaning of uncertainty for constructive total loss under policies of marine insurance COSTS – party/party – orders when proceedings involve multiple parties – Bullock and Sanderson orders – whether unsuccessful insurer under primary policy should pay costs of successful insurers under difference-in-limits/difference-in-conditions policy

CIVIL PROCEDURE – Court of Appeal – application to extend time for compliance with statutory demand for payment JUDGMENTS AND ORDERS – amending, varying and setting aside – Court of Appeal

LEGAL PROFESSION – application by Law Society for appointment of a receiver to a law practice following complaint of misappropriation – where defendant no longer a director of the law practice

CHILDREN - parens patriae jurisdiction - secure accommodation orders – where evidence justifies the making of orders on an interim basis – orders made.

CIVIL PROCEDURE — Protective jurisdiction — Procedure — Powers of court — Urgent application to revoke guardianship and financial management orders — No circumstances established to warrant revocation when review and appeal from orders to be heard in April and May 2019 CIVIL PROCEDURE — Hearings — Suppression and non-publication — Orders

CIVIL PROCEDURE — application seeking that a costs order be set aside on basis of a denial of procedural fairness or irregularity — where applicant was unsuccessful in the substantive proceedings and the usual order as to costs was made — Uniform Civil Procedure Rules 2005, r 36.15 — extensive delay of five years between entry of costs order and application — no denial of procedural fairness — no relevant public interest in the substantive proceedings — application dismissed COSTS — specified gross sum costs order and indemnity costs sought by respondent — where cost and delay of assessment would not be warranted — reasonable amount sought — indemnity costs not appropriate — gross sum costs order made

REAL PROPERTY – property at Alexandria, NSW purchased by plaintiff and defendant in equal shares as tenants in common in 1994 – mortgage taken out by plaintiff and defendant to fund the acquisition of the Alexandria property – plaintiff and defendant execute a deed in 1994 by which they agree to hold the Alexandria property in equal shares – Alexandria property leased from 2001 until its sale in 2016 – mortgage repayments made using the rent from leasing the Alexandria property – between 2012 and 2015 the defendant makes additional payments totalling $60,000 into a joint offset account of the plaintiff and defendant in relation to the Alexandria property, to reduce the interest payable on the mortgage – Alexandria property sold in 2016 – proceeds of sale deposited into a joint offset account – the same day, the defendant withdraws the proceeds of sale from their joint offset account and deposits them into her own bank account, to which the plaintiff has no access – plaintiff claims his prima facie legal entitlement to a half share of the proceeds of sale – freezing orders made in relation to the defendant’s bank accounts – defendant Cross Claims seeking declarations she has more than a half share in the Alexandria property – whether the Alexandria property the subject of a constructive or resulting trust – whether the parties made equal, or other than equal, contributions, both financial and non-financial, to the acquisition of the property. REAL PROPERTY – in 1996 the plaintiff and the defendant purchase a separate property at Waterloo as joint tenants – plaintiff and defendant have lived in the Waterloo property with their son since then – plaintiff brings a claim for appointment of trustees for sale under Conveyancing Act 1919, s 66G – whether a s 66G orders should be made – whether or not parties made equal contributions to the acquisition of the Waterloo property – what are the parties’ respective shares in the Waterloo property – what orders should be made for the division of the proceeds of sale. FAMILY LAW – whether amendments in 2009 to the Family Law Act 1975 (Cth) deprive this Court of jurisdiction to hear these proceedings between two former de facto spouses – whether these proceedings deal with property and financial matters arising out of the breakdown of a de facto relationship or whether they come under the “carve out” of jurisdiction conferred on this Court by Family Law Act 1975 (Cth), s 90RC(2).

INSURANCE – accident and sickness insurance – where policy taken out by trustee of superannuation fund with insurer for benefit of its members – claim for “total and permanent disablement” (TPD) benefit – benefit for TPD payable if claimant provided proof to satisfaction of insurer that he or she was so incapacitated as to be “unlikely ever” to return to employment for which he or she was reasonably qualified by education, training or experience – onus on claimant to provide proof to satisfaction of insurer INSURANCE – duties to act reasonably and in good faith – content of duties – effect of delay – where delay is the result of the claimant routinely serving new evidence on insurer – whether the insurer breached its duties by delaying the determination of the claim PRACTICE AND PROCEDURE – separate questions – insurance – claim for TPD benefit – entitlement to benefit subject on proof to insurer’s satisfaction – “two stage” approach – discussion of whether the “two stage” approach is necessary in all cases – discussion of whether the Court can decide the second stage “on the papers”

STATUTORY INTERPRETATION - Crimes Act 1900 (NSW) s 578A - meaning of the word “likely” - “real and not remote” chance, or more probable than not. STATUTORY INTERPRETATION - Crimes Act 1900 (NSW) s 578A - whether mens rea required or whether offence is an offence of strict liability STATUTORY INTERPRETATION - Crimes Act 1900 (NSW) s 578A - whether breach of s 578A confers a cause of action for damages for breach of statutory duty - constituent elements of an action for damages for breach of statutory duty - legislative intention to confer private right to sue for damages EQUITY - claim for equitable compensation for breach of confidence - identification of the confidential information - whether the information had the necessary “quality of confidence” - whether the information was imparted in circumstances importing an obligation of confidence.

EVIDENCE – discretions – exclusion of evidence – civil proceedings – action for wrongful birth and nervous shock resulting from alleged negligence in screening for Down Syndrome – UCPR r 31.28 – whether there were exceptional circumstances that warrant the grant of leave to rely on expert opinion as new evidence in chief – prior guillotine order for service of expert evidence in chief – order permitting evidence in reply – time limit for reply evidence not complied with - discretionary considerations – where plaintiff repeatedly failed to comply with directions – where proceedings commenced five years ago – where second defendant prejudiced by death of alleged tortfeasor whose conduct was impugned by expert opinion on which plaintiff sought to rely

TORTS – negligence – personal injury – where remand inmate was assaulted by another prisoner – scope of duty of prison authority to protect inmates under its control – breach of duty of care – where prison authority had actual knowledge of assailant’s violent and unpredictable nature – where staff on duty at the time of the assault had no knowledge of assailant’s history and background – where earlier altercations between the plaintiff and the assailant had occurred on the same morning – where corrective staff failed to confiscate the weapon ultimately used in the assault – duty of care and breach of duty established TORTS – causation – no question of principle TORTS – defences – reliance upon Civil Liability Act 2002, s 54 – alleged that plaintiff’s injury was suffered at the time of or following conduct constituting a serious offence – where plaintiff and assailant were involved in an earlier altercation in another area of the prison on the same morning – consideration of context and purpose of that section – temporal limitation not satisfied – not proved that plaintiff’s conduct constituted a serious offence – defence not made out TORTS – contributory negligence – no contributory negligence for failure to enter into protective custody DAMAGES – offender in custody – application of Part 2A of the Civil Liability Act 2002 – damages for non-economic loss dictated by provisions of the Workers Compensation Act 1987 DAMAGES – economic loss – where plaintiff had variable income – entrepreneurial pursuits – application of s 26E of the Civil Liability Act 2002 – allowance made for damage to reputation through arrest and remand in custody

CONTEMPT – appeal against conviction and penalty – scandalising conduct in face of court – breach of court suppression orders – whether appellant’s conduct constituted exercise of implied constitutional freedom of political communication – whether suppression orders ambiguous or uncertain – whether suppression orders should be set aside – failure to comply with Uniform Civil Procedure Rules 2005 (NSW), r 40.7 CONTEMPT – power of committal – whether Crimes (Sentencing Procedure) Act 1999 (NSW) applied CONSTITUTIONAL LAW – implied constitutional freedom of political communication – contempt of court – whether appellant’s conduct constituted exercise of that freedom – whether laws pursuant to which suppression orders were made incompatible with that freedom

ADMINISTRATIVE LAW – judicial review – adjudicator’s determination – jurisdictional error – scope of payment claim – duty to consider payment claim – scope of claim to be determined by adjudicator BUILDING AND CONSTRUCTION – adjudication of payment claim – review of adjudicator’s determination – whether error in construction of payment claim – respondent alleged adjudicator made allowances in award for amounts not contained in payment claim – whether adjudicator exceeded jurisdiction by determining claim other than that made by claimant – Building and Construction Industry Security of Payment Act 1999 (NSW), ss 20, 22(2)

ADMINISTRATIVE LAW – judicial review – self-represented applicant – applicant convicted in Local Court on two counts of “produce child abuse material” and one count of “possess child abuse material”, Crimes Act 1900 (NSW) s 91H(2) – appeal to District Court dismissed – extension of time to file summons refused – no jurisdictional error established

SUCCESSION – family provision – deceased left estate to widow with no provision made in will for his adult son (who was the widow’s step-son) – whether primary judge erred in holding that no provision should be made under s 59 of Succession Act 2006 (NSW) in favour of son – relevance of son not having sought financial assistance from father or step-mother – discussion concerning common practice of spouses making mutual wills – whether primary judge misunderstood relationship between appellant’s income and expenses – whether primary judge’s conclusions concerning respondent’s financial needs were erroneous

CRIMINAL LAW – sentence appeal – parity - where the applicant was sentenced with respect to one count of sexual intercourse with a child aged 15 while in company contrary to s 66C(4) of the Crimes Act 1900 (NSW) – where an additional offence contrary to s 66C(4) was taken into account on a Form 1 – whether sentencing judge made a material factual error in finding the applicant was in a position of leadership in relation to the offending conduct – whether the applicant had a justifiable sense of grievance when comparing his sentence to that of his co-accused

SENTENCING – Appeal against sentence – Powers of court – application for extension of time to apply for leave to appeal against sentence filed over nine years after sentence delivered – whether an extension of time should be granted SENTENCING – Relevant factors on sentence – Co-offenders – Parity – applicant originally charged on indictment for conspiracy with other alleged co-offenders – applicant and another one of the alleged co-offenders later pleaded guilty to charges which did not allege conspiracy – whether applicant and the other person were co-offenders for the purpose of sentencing on those charges SENTENCING – Appeal against sentence – Fresh or new evidence – applicant sought to rely upon evidence which was said to demonstrate error in the assessment of likely conditions of custody by sentencing judge – whether evidence admissible

SENTENCING – appeals against sentence –law to be applied by court on resentencing – law amended after initial sentencing hearing so that standard non-parole period no longer applied to offender under 18 years of age – amendment favourable to offender – whether offender to be resentenced according to law at time of resentencing – relevance of principles concerning admission of evidence of post-sentence conduct – Criminal Appeal Act 1912 (NSW), s 6(3) – Crimes (Sentencing Procedure) Act 1999 (NSW), s 54D(3) SENTENCING – appeal against sentence – prosecutor conceded Muldrock error – prosecutor withdrew concession that sentence appealed from required “adjustment” – extent to which regard should be had to sentencing judgment below when resentencing SENTENCING – appeal against sentence – resentencing – murder –offender under 18 years of age at time of offence – stabbed victim 48 times in chest – no apparent motive for attack –offender suffered some form of mental disability at time of offence –no acceptance of responsibility for offence – particularly difficult experience of prison –whether lesser sentence warranted in law SENTENCING – sentencing procedure – comparable cases – relevance of sentences in other cases and judicial commission statistics

PROCEEDS OF CRIME – application for restraining orders – ex parte application – requirement to make orders where conditions of statute satisfied

EVIDENCE – expert evidence taken on the voir dire relating to high explosives – whether evidence is relevant in accordance with s 55 and s 56 of the Evidence Act – whether s 79 of the Evidence Act is activated – whether there is any reason to exclude the evidence under s 135 or s 137 of the Evidence Act – evidence is relevant and capable of acceptance – evidence is admissible

CORPORATIONS – Investigations – ASIC investigations – interim orders restraining departure from Australia.

CORPORATIONS – arrangements and reconstructions – application under s 63 of the Trustee Act 1925 (NSW) for judicial advice with respect to the implementation of trust scheme – whether scheme is fair and reasonable so that an intelligent and honest person who was a unitholder, properly informed and acting alone, might approve it.

CIVIL PROCEDURE – pleadings – defence of truth in action for defamation – defence alleging plaintiff has frequently launched legal actions without reasonable grounds or for improper use – where defendant previously brought unsuccessful application against plaintiff under Vexatious Proceedings Act – whether defendant estopped from pleading defence – whether defence amounts to an abuse of process – whether defence raises the same issue as was determined in the Vexatious Proceedings Act application CIVIL PROCEDURE – interrogatories – where self-represented litigant provided lengthy argumentative responses to defence in reply – utility of interrogatories in distilling issues and reducing court time CIVIL PROCEDURE – subpoenas – application to set aside – where plaintiff suspected subpoena issued for improper purpose of curing impropriety in obtaining access to criminal record – suspicion unfounded DEFAMATION – pleadings – application by plaintiff to amend imputations – multiple previous amendments – inappropriateness of allowing further amendment

CORPORATIONS – arrangements and reconstructions – schemes of arrangement or compromise – application under s 411 of the Corporations Act 2001 (Cth) for orders approving proposed scheme of arrangement – application under s 63 of the Trustee Act 1925 (NSW) for judicial advice with respect to the implementation of trust scheme – whether scheme is fair and reasonable so that an intelligent and honest person who was a member of the relevant class, properly informed and acting alone, might approve it.

ADMINISTRATIVE LAW – judicial review – decision of delegate of Commissioner of Victims’ Rights – statutory compensation – domestic violence – whether the defendant’s finding that the plaintiff’s psychological injuries were not ‘severely disabling’ was unreasonable in view of the report of an Authorised Report Writer (“ARW”) – whether the defendant’s finding that the plaintiff’s psychological injuries were not severely disabling was the result of an error of law – whether the defendant unreasonable declined to rely on the ARW’s findings – whether the defendant’s finding that the plaintiff’s psychological injuries were not ‘a direct result’ of the act of violence was unreasonable – whether the defendant’s finding that the plaintiff’s psychological injuries were not a ‘direct result’ of the act of violence was an error of law – legal causation –scope of offenders conduct – whether the defendant’s finding that the plaintiff’s psychological injuries were not ‘a direct result’ of the act of violence was a result of an error of law in construing the question of fact to be answered

CONTEMPT – appellants found guilty of contempt for threatening second respondent with religious sanctions for failing to submit to jurisdiction of a religious court in respect of an alleged commercial dispute – whether primary judge’s findings of contempt were those that were charged – whether primary judge erred in finding appellants placed improper pressure on second respondent to desist from asserting the alleged commercial dispute be resolved in a civil court, which had a real tendency to interfere with the administration of justice generally SENTENCING – criminal contempt – penalties – fine – whether penalties imposed were manifestly excessive COSTS – party/party – bases of quantification – indemnity basis – whether primary judge erred in finding appellants should pay part of respondents’ costs on an indemnity basis

TORT – Misfeasance in public office – Whether employee responsible for the income taxation audit of the appellant unlawfully exercised power under s 167 of the Income Tax Assessment Act 1936 (Cth) by assessing a higher taxable income – Whether malice, bad faith or conscious maladministration were demonstrated by the employee – Whether Jones v Dunkel inference can be drawn from respondent’s failing to call the employee – Whether Deputy Commissioner of Taxation or Commissioner of Taxation was vicariously liable for alleged tort – Appeal dismissed

CRIME – sentence appeal – aggravated indecent assault of children – criticism of assessment of objective seriousness of offences – discussion of degree of precision required – no error in finding special circumstances and reducing non-parole period by six months – aggregate sentence not manifestly excessive – unhelpful reliance upon comparative cases and statistics – contradictory reasoning in Scales v R [2017] NSWCCA 293 disqualifies it as useful comparator

CRIME – sexual assault communications privilege – interlocutory appeal – application for leave to appeal against a grant of leave to the accused to access documents counsellors had produced to Court under subpoena – whether primary judge was precluded by Criminal Procedure Act 1986 (NSW) from exercising independent discretion as to whether access to documents should be granted – discussion concerning operation of Criminal Procedure Act, Ch 6, Pt 5, Div 2 APPEAL – interlocutory appeal – sexual assault communications privilege – whether appellant in her capacity as a Principal Protected Confider, under the Criminal Procedure Act 1986 (NSW), Ch 6, Pt 5, Div 2, had standing to seek leave to appeal – Criminal Appeal Act 1912 (NSW), s 5F considered WORDS AND PHRASES – “party” – Criminal Appeal Act 1912 (NSW), s 5F

CRIMINAL LAW – conviction and sentence appeal – three counts of aggravated indecent assault – one count of aggravated sexual assault – circumstance of aggravation – whether the verdicts of guilty are unreasonable and cannot be supported having regard to the evidence – verdicts are irrationally inconsistent – misuse or mistake in relation to the DNA evidence – the jury improperly rejected the evidence of the Crown expert witness in relation to the lack of significance of the DNA evidence – whether the conduct of the trial was attended with a number of significant errors and whether these ‘errors’ had the singular and cumulative effect of depriving the appellant of a fair trial according to law CRIMINAL PROCEDURE – whether the trial judge erred in excluding the “False Complaints” evidence – the appellant contends he received a harsher sentence than that warranted in law

CIVIL – application pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) – serious sex offence – application for extended supervision order – whether the defendant poses an unacceptable risk of committing another serious offence – consideration of factors in s 9 – extended supervision order made for 3 years – conditions imposed – directions

EQUITY – trusts and trustees – liability of trustee to account for mingling of trust funds and misappropriation of trust funds – onus of trustee – judgment dealing with calculation of funds misapplied by trustee COSTS – appropriate principles and considerations – appropriate apportionment of costs to reflect outcome of judgment

TORT – claim of fraudulent representation – claim against real estate agent – allegation that agent falsely represented to buyer the reason why vendor selling property – whether claim statute barred – whether Plaintiff established elements of cause of action – held limitation period expired so claim statute barred – s.55 Limitation Act 1969 not assist Plaintiff – claim failed on merits in any event – verdict for Defendant

COSTS – interest on costs – Civil Procedure Act 2005 (NSW), ss 98(3), 101(4) – where an order for interest on costs not included in the principal judgment which was delivered years earlier – whether court no longer has power to award interest on costs because the claim is either statute-barred or has merged in the principal judgment – whether an order for interest on costs under s 98(3) must be sought at time of judgment – consideration of the doctrine of functus officio COSTS – interest on costs – Civil Procedure Act 2005 (NSW), ss 98(3), 101(4) – discretionary factors – delay – application of Limitation Act 1969 (NSW) by analogy – where delay justifies an award of interest at pre-judgment rate

PRACTICE AND PROCEDURE – applications – security for costs order – general principles as to ordering security for costs against plaintiff liquidator – whether there is reason to believe that the liquidator will be unable to meet an adverse cost order – relevance of professional indemnity insurance – onus on party making the application to show there is a “reason to believe” the other party will not meet an adverse cost order ESTOPPEL – issue estoppel – where first application for security for costs settled by consent orders – where consent orders provided for the plaintiff to furnish security – second application made for security for costs – whether an issue estoppel arose to preclude the plaintiff from denying “liability” in the second application to furnish further security PRACTICE AND PROCEDURE – abuse of process – interlocutory applications – where first application for security for costs settled by consent orders – where consent orders provided for the plaintiff to furnish security – second application made for security for costs – whether such application an abuse of process – case management considerations

OCCUPATIONS – legal practitioners – discipline – judicial review proceedings - decision by Law Society to initiate proceedings against plaintiff solicitor in NCAT – Legal Profession Uniform Law (NSW) s 300 – complaint that solicitor falsely witnessed signature on passport application at request of another solicitor – whether Law Society failed to extend procedural fairness to plaintiff – where Law Society did not disclose statutory declarations of other practitioner thereby depriving plaintiff of opportunity to make submissions about credit – whether Law Society failed to consider alternatives to initiation of proceedings – whether Law Society asked itself the wrong question and misconceived its function - whether reasons for decision of Law Society were adequate – where no reasons for finding that conduct amounted to professional misconduct

CIVIL PROCEDURE – summary disposal – judgment for plaintiff – striking out of defence sought in the alternative – whether no reasonable defence – where defendant relied on proprietary estoppel to defend proceedings for possession of real property – whether evidence capable of establishing detrimental reliance –necessary to make findings about representations and availability of relief sought by defendant at trial – no basis for summary disposal or striking out

SUCCESSION – Probate and administration – Revocation of will by destruction – Alleged destruction of photocopy of will - Dispute about intention to revoke will – Original will not destroyed –– No revocation by destruction of mere photocopy of will - Will admitted to probate SUCCESSION – Probate and administration – Informal document – Draft will approved but not executed by testator – No intention that draft operate as will before execution – Disputed informal will not admitted to probate

CIVIL PROCEDURE – Court of Appeal – extension of time to comply with statutory demand for payment CORPORATIONS – statutory demand – claim for offsetting

DUTIES AND TAXES - payroll tax - grouping of entities - joint and several liability of members of a group where employer member does not pay tax - nature of the joint and several liability - whether jointly and severally liable group members other than the defaulting employer are liable to pay "tax" and are "taxpayers" - whether joint and several liability exists if not established by legal proceedings - power of Chief Commissioner to issue notice of assessment to person subject to joint and several liability - powers in relation to assessment generally - nature of assessment - whether notice of assessment issued to person subject to joint and several liability is conclusive evidence of liability

TORTS – negligence – duty of care – control – vulnerability – reliance – mere foreseeability of harm – whether duty to prevent occurrence TORTS – negligence – public authorities – exercise, or non-exercise, of statutory and prerogative powers TORTS – negligence – breach of duty – no breach arising in circumstances – no causation

CRIME – appeal – conviction – two counts of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 (NSW) – whether trial judge’s summing up caused a miscarriage of justice – whether summing up unbalanced or unfair

CRIMINAL LAW – appeal against sentence – assault with act of indecency – victim under 16 years – sexual intercourse with person under 16 years – intimidate with intention to cause fear of physical harm – whether the sentencing judge mistook the facts in relation to count 3 and thereby erred in assessing the objective seriousness of the offending – whether the sentences imposed in respect of counts 2 and 3 were manifestly excessive

PROCEEDS OF CRIME – application for restraining orders – ex parte application – application based on both past convictions and future charges – absence of adequate information in respect of future charges – requirement to make orders where conditions of statute satisfied

EQUITY – Equitable charges and liens – Enforceability – Right of equitable chargee to orders for judicial sale and vacant possession