Cases and authorities

PROCEDURE - Appeal - Stay of orders

PROCEDURE – adjournments – discretionary considerations – trial date vacated to await outcome of application for special leave to appeal to the High Court from a judgment on arguably related principle in the Court of Appeal – improper exercise of discretion.

Contract of loan - refinanced existing loan - took out "Ponzi" loan - could only be repaid by taking out larger loan or selling mortgaged property - held unjust in circumstances at time loan made - relieved from paying loan fees, default interest and expenses following default - whether should have been relieved from paying any interest at all - no error in giving little weight to public interest in discouraging "Ponzi" loans - relief from all interest would have done more than restore pre-loan position - evidence did not enable comparison with position if mortgaged property sold rather than took out loan - appealable error in exercise of discretion as to relief not established - judge made no order as to costs - whether error in exercise of discretion as to costs - borrowers in substance successful - appealable error in misapprehension of extent of success.

PRACTICE - Appeal - Application for adjournment - Application refused, but opportunity given for written submissions.

NEGLIGENCE - Road authority's duty of care to pedestrians - Not a non-delegable duty - Whether breach by road authority itself proven.

PRACTICE - Appeal - Interlocutory relief - Appropriate conditions.

PRACTICE - Application for leave to appeal - Leave refused.

PROCEDURE – stay of judgment and orders pending appeal – applicable principles – whether evidence establishes a risk that the judgment will not be repaid if not stayed – security for costs – whether bank guarantee provided by plaintiffs as security for costs of trial should be released

DEFAMATION - Pleadings - Contextual truth - Application to strike out pleadings dismissed - Application for leave to appeal - Whether sufficient doubt about primary judge's decision shown.

APPEAL – leave to appeal – application for leave to appeal against wording of various declarations made by trial judge – leave to appeal refused until after the trial has been conducted – proposed appeal would lead to further delay and would involve considering the trial judge’s determinations on the evidence – costs of application also stood over with liberty to apply should matter be resolved without final judgment being delivered – application for leave to cross-appeal – competency – whether application was incompetent on the ground that the defendants sought not to appeal against a decision of the court but, rather, against reasons (or findings in the reasons) – whether various findings of the trial judge were appealable pursuant to s 103 of the Supreme Court Act 1970 (NSW) – trial judge’s findings in this case did not constitute ‘decisions’ as that term is understood under s 103 – National Employers Mutual General Insurance Association Limited v Manufacturers Mutual Insurance Limited (1988) 17 NSWLR 223 considered – application for leave to cross-appeal dismissed with costs – no recourse to trust property by the sixth defendant – application to cross-appeal as of right – application for extension of time not granted and stood over until final judgment is delivered – costs of application reserved and also stood over with liberty to apply should the matter be resolved without final judgment being delivered . ND

PROCEDURE - Interlocutory decisions - Whether such as to give rise to estoppels - No order for determination of separate question - No order showing that separate question had been finally determined.

PROCEDURE – Supreme Court procedure – New South Wales – procedure under rules of court – determination of a preliminary or separate issue under rule 28.2 - TORTS – negligence – duty of care – assumed facts for the purpose of a separate decision

APPEAL - from Registrar, Court of Appeal - application to set aside order of the Registrar striking out a notice of contention - power of single judge of appeal to review decision of Registrar - Supreme Court Act 1970 (NSW) ss 42, 46 - Uniform Civil Procedure Rules, Part 49, Div 4 - Supreme Court Rules, Prt 61 - PROCEDURE - notice of cross-appeal not required when no variation of order sought - PROCEDURE - notice of contention - striking out notice - delay in filing and service - challenge to findings of trial judge

PROCEDURE - Amendment - Application for leave to file a cross-claim out of time - Discretionary considerations - Adjournment to file further evidence, made at hearing - Whether appealable error shown.

APPEAL - damages - challenge to assessment

Visy Paper Pty Limited v Australian Competition and Consumer Commission Trade practices - Restrictive trade practices - Exclusionary provisions - Exclusive dealing - Arrangements for waste paper collection - Where non-competition provisions have dual and composite character - Non-competition provisions preventing both the acquisition of goods from, and the supply of services to, particular persons - Both aspects of the non-competition provisions contravened s 45(2)(a)(i) of the Trade Practices Act 1974 (Cth) and one of those aspects would, but for s 47(10), have contravened s 47 - Whether s 45(6) precluded the application of s 45(2)(a)(i) to both aspects of the non-competition provisions or only that aspect covered by s 47. Words and phrases - "provision", "by reason that", "give effect to", "condition". Trade Practices Act 1974 (Cth), ss 4(1), 4D, 45(2)(a)(i), 45(6), 47. GLEESON CJ, Mc

EQUITY - Fiduciary duty - Whether arguable that compensation for personal injuries recoverable on the basis of breach of fiduciary duty - Application of limitation provisions - Laches

NEGLIGENCE – breach – whether owner/operator of leisure centre should have foreseen 16 year old girl would assault another patron – HELD –No – COSTS – order that appellant pay respondent’s costs on a solicitor-client basis vitiated by fundamental error

; Ex parte Applicant S154/2002 Immigration - Refugees - Refugee Review Tribunal - Procedural fairness - Whether Tribunal misled applicant into believing factual claim had been accepted as true - Whether Tribunal relied on evidence tendered earlier to disbelieve factual claim without giving applicant opportunity to demonstrate evidence was not inconsistent with factual claim - Whether Tribunal relied on belated disclosure of rape incident to disbelieve factual claim in circumstances where belated disclosure might have been explicable - Whether subsequent hearing and provision of written submissions cured any earlier breach of requirements of procedural fairness - Inquisitorial hearing by Tribunal - Whether failure by Tribunal to afford procedural fairness amounting to jurisdictional error. Constitution, s 75(v) Migration Act 1958 (Cth), s 420(2).

Negligence - Causation - Failure to warn customers that cinema seats retracted automatically - Respondent injured attempting to sit on a retracted seat - Whether Court of Appeal erred in interfering in primary judge's finding that warning sign would not have altered respondent's conduct. Appeal - Rehearing before Court of Appeal - Relevance of credibility findings - Whether primary judge's conclusion based upon assessment of credibility of party - Whether Court of Appeal erred in disturbing such conclusion - Whether Court of Appeal omitted to find error before substituting its own conclusion on the evidence. Mc

CONTRACT – formation of contract – arrangement to establish joint venture – parties’ agreement contained in side letter with three separate agreements intended to govern joint venture – side letter contained agreement to negotiate in good faith to finalise documents to present to board for final execution – construction of contract – contractual context – use of extrinsic material – whether binding final agreement reached

STAY of judgment - appeal pending - risk that full amount of judgment debt will not be recoverable if appeal is successful

PROCEDURE - Appeal - Appeal by non-party - Summary dismissal - Disposal of applications.

CONTRACT – Sale of business – lessors’ consent to transfer of lease – obligation of lessees as vendors of business – effect of Retail Leases Act 1994, ss 39 and 41

ADMINISTRATIVE LAW - ENVIRONMENT LAW - LOCAL GOVERNMENT - Powers of Land and Environment Court - Invalidity of development consent - Order under s.25B of Land and Environment Court Act 1979 specifying terms compliance with which would validate consent - Whether power to make such order limited to cases of invalidity arising from steps preliminary to granting the consent - COSTS - Public interest litigation - Costs of appeal

REAL PROPERTY – resumption or acquisition of land – compensation – assessment – valuation of land – expert valuation – judicial valuation

LEAVE TO APPEAL - Extension of time for commencing proceedings - complaint against barrister - public interest in continuation of proceedings - decision of Administrative Decisions Tribunal

Application for leave to appeal- Summary judgment- Test as to whether there is a real question to be tried- Obiter dicta that Civil Procedure Act 2005 might widen the test.

(Department of Education and Training) Discrimination law - Disability discrimination - Suspension and subsequent exclusion from school of pupil who repeatedly assaulted teachers and other pupils - Where pupil's behaviour a consequence of brain damage - Whether pupil discriminated against on the ground of disability - Meaning of "disability" - Whether obligation to provide reasonable accommodation or make reasonable adjustments for persons with a disability - Whether treatment of pupil was less favourable than treatment that would be given to a person without the disability in "circumstances that are the same or are not materially different" - Whether comparator is a person who does not engage in violent behaviour - Whether pupil received less favourable treatment "because of" his disability - Disability Discrimination Act 1992 (Cth), s 5(1). Words and phrases - "disability", "circumstances that are the same or are not materially different", "because of". Disability Discrimination Act 1992 (Cth), ss 3, 4, 5, 10, 12, 22.

Maroney v The Queen Criminal Law - Supply of dangerous drug - Counselling - Procuring - Where appellant was inmate at correctional facility and arranged for person outside facility to supply him with heroin - Whether criminally liable for the offence of supplying a dangerous drug within Drugs Misuse Act 1986 (Q), s 4 and Criminal Code (Q), s 7. Statutes - Construction of statutes - Intersecting statutes of general and particular application - Criminal law - Whether provision enacting substantive offence is incompatible with deeming provision in statute of general application - Provisions for primary and secondary liability for criminal offences - Application of deeming provisions - Approach to statutory intersection - Whether history and suggested policy of the substantive legislation relevant to resolution of the intersection - Whether context determinative of contested statutory construction. Words and Phrases: "deemed supply", "supplies a dangerous drug to another". Criminal Code (Q), s 7. Drugs Misuse Act 1986 (Q), ss 4 and 6. GLEESON CJ, Mc

Jarratt v Commissioner of Police for New South Wales Police - Tenure - Dismissal from office - Applicant was Deputy Commissioner of Police and a member of the senior executive service under Part 5 of the Police Act 1990 (NSW) ("the Act") - Commissioner of Police recommended to Governor that the applicant be dismissed from office pursuant to the Act - Governor dismissed applicant - Applicant afforded no hearing - Whether dismissal from office invalid as breaching requirements of natural justice. Constitutional law - Prerogatives of the Crown - Prerogative to dismiss Crown servants at pleasure - Whether implied term of contract of employment of Crown servant - Whether compatible with modern-day conditions of public service - Whether compatible with statutory regime for employment of senior police officers - Whether compatible with obligation to accord natural justice. Statutes - Construction - Provision for Governor to dismiss senior police officer "at any time" on advice of Commissioner of Police - Whether the words "at any time" import into the statute the Crown's right to dismiss Crown servants at pleasure - Whether obligation to accord natural justice implicitly excluded. Contract - Damages - Where employment contract entered into pursuant to statutory provision following appointment to office - Where dismissal from office necessarily resulted in termination of contract - Whether award of damages may be made for repudiation resulting from invalid exercise of statutory power - Relevance of statutory scheme for compensation for dismissal from office. Words and phrases - "at any time", "dismissal at pleasure". Police Act 1990 (NSW), ss 8, 11, 33-35, 39, 40, 41, 42, 43, 51, 53, 181

Customs - Importation of handguns - Requirement in sub-item 4.1(a) of the Customs (Prohibited Imports) Regulations 1956, Sched 6, Pt 1 ("the Regulations") that the importer of a handgun has been given a statement by police authorities to the effect that the importer holds a licence or authorisation according to the law of the relevant State or Territory to possess the handgun or that such licence or authorisation is not required under the law of the relevant State or Territory - Second respondent had contracted to purchase handguns but its import permit was subsequently rescinded by the Queensland Police Service - Handguns were then consigned to first respondent in Victoria - Whether the guns were liable to condemnation as forfeited to the Crown - Whether a consignee of handguns is "the importer" of the articles for the purposes of the Regulations. Words and phrases - "importer". Customs Act 1901 (Cth), s 68. Customs (Prohibited Imports) Regulations 1956, Sched 6, Pt 1. GLEESON CJ, Mc

York v The Queen Criminal law - Sentencing - Appellant pleaded guilty to serious drug offences - Appellant cooperated with prosecuting authorities to secure murder conviction - Evidence that the appellant's life would be endangered in prison - Appellant sentenced at first instance to a wholly suspended term of imprisonment because of that risk - Attorney-General's appeal alleging the sentence was manifestly inadequate - Court of Appeal re-sentenced the appellant to serve a term of actual imprisonment - Whether appropriate to wholly suspend sentence - Whether sentencing judge entitled to take into account risk to appellant's safety whilst serving a term of imprisonment. Criminal Code (Q), ss 669A(1), 671B Penalties and Sentences Act 1992 (Q), s 9 Criminal Code (WA), s 689(3) Words and Phrases - "unfettered discretion".

of Australia Statutes - Appropriation Act - Construction - Appropriation of moneys from Consolidated Revenue Fund - Expenditure of public money on advertising to provide information about, and promote, the Government's workplace relations reform package - Whether expenditure authorised by an appropriation made by law - Construction of Appropriation Act (No 1) 2005-2006 (Cth) - Whether expenditure falls within Outcome 2, "Higher productivity, higher pay workplaces", of the Department of Employment and Workplace Relations - Whether amounts issued out of Consolidated Revenue Fund for "departmental items" and for "administered items" tied to "outcomes". Constitutional law (Cth) - Appropriation of moneys from Consolidated Revenue Fund - Standing to bring action for declarations and injunctions - Standing of Member of House of Representatives and Shadow Attorney-General - Standing of Secretary of peak union body - Justiciability of proceedings - Whether proceedings present a matter apt for judicial determination. Constitutional law (Cth) - Appropriation of moneys from Consolidated Revenue Fund - Expenditure alleged to be unauthorised by Appropriation Act (No 1) 2005-2006 (Cth) - Relief - Injunction - Declaration - Whether relief claimed effective and confined to the expenditure impugned - Whether relief should be refused on discretionary grounds - Whether necessary or appropriate to answer such questions. High Court - Practice - Special Case - Questions of law stated for the opinion of the Full Court - Matter presented by the arguments of the parties - Whether common assumption in the parties' submissions on questions of statutory construction - Whether Court obliged to decide controversy presented by the parties - Scope and content of that controversy - Extent to which parties' submissions foreclosed construction of the Appropriation Act (No 1) 2005-2006 (Cth). Words and phrases - "appropriation", "appropriation made by law", "administered expenses", "administered item", "departmental expenditure", "departmental item", "departmental outputs", "outcomes". Constitution, ss 53, 54, 56, 81, 83, 94, 97. Appropriation Act (No 1) 2005-2006 (Cth), ss 3, 4, 7, 8, 15, Sched 1. Financial Management and Accountability Act 1997 (Cth), ss 5, 26, 27. Auditor-General Act 1997 (Cth). Audit Act 1901 (Cth), ss 34, 40, 41. Acts Interpretation Act 1901 (Cth), s15

Bankruptcy - Provable debt - Appellants acted in breach of s 995(2) Corporations Law (Q) by engaging in misleading and deceptive conduct in securities dealings - Respondent thereby induced to enter contractual relations with a third party - Whether respondent's claim for unliquidated damages under s 1005 Corporations Law (Q) arose otherwise than by reason of a contract, promise or breach of trust - Whether, pursuant to s 82(2) Bankruptcy Act 1966 (Cth), the respondent's claim for unliquidated damages constituted a debt provable in the bankruptcy of appellants. Words and phrases - "demand in the nature of unliquidated damages", "provable debt", "set-off", "contract, promise or breach of trust". Bankruptcy Act 1966 (Cth), ss 82(2), 86(1). Corporations Law (Q), ss 995(2), 1005.

Statutes – Statutory construction – Whether Court of Appeal erred in construction of s 130A of Motor Accidents Compensation Act 1999 (NSW) – Whether Griffiths v Kerkemeyer damages precluded by s 130A in respect of participants under Scheme in Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) – Whether "provided for or are to be provided for" in s 130A means "paid for or are to be paid for". Words and phrases – "provided for or are to be provided for". Motor Accidents Compensation Act 1999 (NSW), ss 128(1), 130A. Motor Accidents (Lifetime Care and Support) Act 2006 (NSW), ss 6, 8, 23, 26, 28.

Practice and procedure – Discovery – Parties to commercial dispute ordered to give general discovery – Documents subject to client legal privilege mistakenly listed as non-privileged in appellants' Lists of Documents – Privileged documents inadvertently disclosed to respondents' solicitors – Whether Supreme Court had power to permit amendment of Lists of Documents – Whether Supreme Court had power to order respondents' solicitors to return documents. Confidential information – Whether correct basis of jurisdiction for court to order return of inadvertently disclosed documents. Client legal privilege – Whether privilege had been waived – Whether appellants' actions inconsistent with maintenance of claim to privilege. Words and phrases – "case management", "client legal privilege", "discovery", "inadvertent disclosure", "waiver". Civil Procedure Act 2005 (NSW), Pt 6. Evidence Act 1995 (NSW), s 122. Uniform Civil Procedure Rules 2005 (NSW), rr 21.2, 21.3.

Construction, Forestry, Mining and Energy Union v The Australian Industrial Relations Commission Industrial Law (Cth) - Australian Industrial Relations Commission - Certified Agreement - Dispute over application of Agreement - Local dispute - Whether s 89A of the WR Act operates to limit the powers exercisable by the Commission in discharging its functions under s 89(b) of the WR Act and s 170MH of the IR Act. Industrial Law (Cth) - Agreed dispute resolution procedure - Difference between agreed and arbitrated dispute settlement procedures - Certified Agreement containing provision for procedures relating to resolution of disputes - Provisions extend beyond s 170MH of the IR Act - Whether provisions wholly invalid. Industrial Law (Cth) - Whether certification valid - Unresolved interstate industrial dispute - Negotiations with respect to terms and conditions to replace those contained in Award - Whether industrial situation under s 4 of the IR Act. Costs - Whether statutory disentitlement to costs under s 347(1) of the WR Act has application to a proceeding for the issue of prohibition under s 75(v) of the Constitution. Industrial Relations Act 1988 (Cth) s 170MA, s 170MH. Workplace Relations Act 1996 (Cth) s 89(b), s 89A, s 347(1). GLEESON CJ, GAUDRON, Mc

Minister for Immigration and Multicultural Affairs v Jia Re Minister for Immigration and Multicultural Affairs; Ex parte Jia Minister for Immigration and Multicultural Affairs v White Re Minister for Immigration and Multicultural Affairs; Ex parte White Immigration - Actual bias - Prejudgment - Cancellation of visa by Minister - Public discussion by Minister of relevance of past criminal conduct to question of good character - Whether exercise of discretion by Minister was affected by bias. Immigration - Procedural fairness - Reasonable apprehension of bias - Standard of conduct required of Minister exercising powers under Migration Act 1958 (Cth), ss 501 and 502 - Application of principles of bias and apprehended bias to members of executive government contrasted with their application to judges. Immigration - Cancellation of visa by Minister under Migration Act 1958 (Cth), ss 501 and 502 - Whether powers under ss 501 and 502 can be exercised in a manner contrary to a tribunal decision without a material change in circumstances. Administrative law - Natural justice - Bias - Actual and imputed - Immigration decision made by Minister - Whether exercise of discretion was affected by bias - Reference to individual case in public broadcast and private letter - Whether Minister's powers may be exercised in a manner contrary to a tribunal decision without a material change in circumstances. Words and phrases - "good character". Constitution, s 75(v). Migration Act 1958 (Cth), ss 476, 501, 502.

Negligence - Breach of duty - Surgeon's duty to warn of material risk in proposed surgery - Identification of the material risk - Meaning of material risk. Negligence - Causation - Whether failure to warn of a material risk causative of plaintiff's injury - Whether patient would not have undergone treatment if warned. Appeal - Appeal by rehearing - Powers of appellate court - Decision dependent on credibility findings - Authority of appellate court to reach conclusions different from trial judge. Evidence - Credibility of witnesses - Limits of appellate review in respect of findings of fact based on assessment of the credibility of a witness. Words and phrases - "material risk".

Native title – Native title right to take fish – Fisheries Act 1971 (SA) prohibited taking fish without licence or except as provided by the Act – Fisheries Act permitted taking fish by certain means without licence for non-commercial purposes – Whether statute inconsistent with continued existence of native title right to take fish – Whether native title right extinguished by pre-1975 State fisheries legislation. Native title – Native title right to take fish – Native title holders charged with possessing undersize abalone contrary to s 72(2)(c) of Fisheries Management Act 2007 (SA) – Section 115 of Fisheries Management Act provided for ministerial exemption – Whether ministerial exemption "licence, permit or other instrument" for the purposes of s 211 of Native Title Act 1993 (Cth). Words and phrases – "extinguishment", "inconsistent with the continued existence of a native title right", "licence, permit or other instrument", "native title rights and interests". Fisheries Act 1917 (SA), ss 39, 48. Fisheries Act 1971 (SA), ss 28, 29, 42, 47. Fisheries Management Act 2007 (SA), ss 3, 5, 72, 115. Native Title Act 1993 (Cth), ss 11, 211, 223.

Administrative law − Freedom of information − Request for access to documents − Section 6A(1) of Freedom of Information Act 1982 (Cth) provided that documents held by Official Secretary to the Governor-General were excluded from disclosure unless they related to "matters of an administrative nature" − Whether documents relating to nomination of person to Order of Australia were excluded from disclosure by operation of s 6A(1). Words and phrases − "matters of an administrative nature". Freedom of Information Act 1982 (Cth), ss 5, 6, 6

Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship Migration – Refugees – Protection visas – Offshore entry persons – Power of Minister to permit valid application for protection visa – Plaintiff assessed to be refugee – Plaintiff subject of adverse security assessment by Australian Security Intelligence Organisation – Minister's department did not refer plaintiff's case for Minister's consideration – Minister's department acted upon invalid regulation – Whether Minister's exercise of power attended by error of law. Migration – Unlawful non-citizens – Immigration detention pending removal from Australia – Minister's consideration of whether to permit plaintiff to make valid application for visa not completed – Not established that no realistic prospect of removal from Australia in reasonably foreseeable future – Whether appropriate to re-open Al-Kateb v Godwin (2004) 219 CLR 562; [2004] HCA 37 – Whether plaintiff's detention authorised. Administrative law – Non-compellable power – Remedies – Declaration – Plaintiff has real interest in raising question of error – Whether declaration appropriate remedy. Words and phrases – "adverse security assessment", "declaration", "error of law", "executive detention", "harmless error", "lift the bar", "real interest". Migration Act 1958 (Cth), ss 46A(2), 189, 196, 198. Migration Regulations 1994 (Cth), Sched 2, cl 866.225(a), Sched 4, cl 4002.

Consumer law – Misleading or deceptive conduct – Whether respondent's advertisements breached Trade Practices Act 1974 (Cth) ("TPA") and Australian Consumer Law – Whether "dominant message" approach correct – Whether ordinary and reasonable consumer would have starting assumption that advertised internet service was bundled with telephony service – Whether consumers must consider whole of advertisement (including small print or quickly spoken detail) to correct otherwise misleading headline representations. Consumer law – Pecuniary penalties – Whether Full Court of Federal Court failed to adequately consider specific and general deterrence in reducing pecuniary penalty – Whether reduced pecuniary penalty manifestly inadequate – Whether primary judge correctly assessed number and classes of contraventions. Words and phrases – "dominant message". Trade Practices Act 1974 (Cth), ss 52, 53, 53C(1)(c), 76E(3). Competition and Consumer Act 2010 (Cth), Sched 2, ss 18, 29, 224(3).

Wang v Johnston Mead v Johnston Parliamentary elections (Cth) – Senate – Court of Disputed Returns – Petitions disputing election – Election of six senators for State of Western Australia – Election for fifth and sixth Senate places very close – Re-count of ballot papers directed – 1,370 ballot papers lost before re-count – Re-count of available ballot papers led to different candidates being elected to fifth and sixth Senate places from those determined upon "fresh scrutiny" under s 273 of Commonwealth Electoral Act 1918 (Cth) ("Act") – Whether result of election likely affected by loss of ballot papers – Whether electors who cast lost ballot papers "prevented from voting" in election – Whether Court precluded by s 365 of Act from admitting evidence of records made at earlier counts about lost ballot papers in determining whether result of election affected – Whether Court could declare candidate duly elected by combining records made in earlier counts about lost ballot papers with results of re-count. Words and phrases – "duly elected", "prevented from voting", "result of the election was likely to be affected". Commonwealth Electoral Act 1918 (Cth), ss 263, 273, 281(3), 360(1)(v)-(vii), 362(3), 365.

Criminal law – Appeal – Appeal against conviction – Intentionally causing serious injury – Whether failure to instruct jury as to lesser alternative verdicts occasioned substantial miscarriage of justice. Criminal law – Role of trial judge – Whether duty to secure fair trial required instruction on any lesser alternative verdicts regardless of forensic choices of counsel. Crimes Act 1958 (Vic), ss 16, 17. Criminal Procedure Act 2009 (Vic), s 239.

Woodside Energy Ltd v Electricity Generation Corporation Contract − Construction – Long term gas supply agreement – Sellers obliged to use "reasonable endeavours" to supply supplemental gas – Agreement allowed sellers to take into account all "relevant commercial, economic and operational matters" in determining whether able to supply supplemental gas – Gas explosion at plant operated by third party temporarily reduced supply of gas to market – Sellers refused to supply supplemental gas at price stipulated in agreement during period of reduced supply – Sellers offered to supply equivalent quantities of gas at higher price under separate short term agreements – Whether sellers breached obligation to use "reasonable endeavours" to supply supplemental gas. Words and phrases – "able", "reasonable endeavours", "relevant commercial, economic and operational matters".

Native title – Native title rights in relation to land – Agreement made in 1964 between State of Western Australia and joint venturers to develop iron ore deposits at Mount Goldsworthy – Mineral leases for iron ore granted pursuant to agreement – Joint venturers required under agreement to give State and third parties access to land subject of mineral leases provided such access did not unduly prejudice or interfere with joint venturers' operations – Whether mineral leases granted joint venturers right of exclusive possession – Whether joint venturers' rights under mineral leases inconsistent with claimed native title rights and interests – Whether claimed native title rights and interests extinguished by actual or potential conflicting use or development of land by joint venturers subsequent to grant of mineral leases. Words and phrases – "exclusive possession", "extinguishment", "inconsistency of rights". Iron Ore (Mount Goldsworthy) Agreement Act 1964 (WA), Schedule.

Taylor v The Owners – Strata Plan No 11564 Statutes – Statutory construction – Whether Court of Appeal erred in construction of Civil Liability Act 2002 (NSW), s 12(2) – Whether Civil Liability Act 2002 (NSW), s 12(2) limits awards of damages under Compensation to Relatives Act 1897 (NSW), ss 3, 4 – Whether s 12(2) limitation applies to deceased's gross weekly earnings. Words and phrases – "claimant", "deceased", "gross weekly earnings", "loss of expectation of financial support". Civil Liability Act 2002 (NSW), ss 12(1), 12(2). Compensation to Relatives Act 1897 (NSW), ss 3, 4.