Cases and authorities

SECURITY OF COSTS — application for security of costs — principles relevant to determining applications for security for costs — security for costs ordered PRACTICE & PROCEDURE — where a substitution application has been made in the Representative Proceedings — where outcome of the substitution application impacts quantum of security to be provided

ADMINISTRATIVE LAW — leave sought to bring proceedings against the NSW Ombudsman pursuant to s 35A of the Ombudsman Act 1974 (NSW) — whether there is substantial ground for the contention that the Ombudsman or its officer acted in bad faith CIVIL PROCEDURE — application by self-represented plaintiff to file an amended statement of claim — application by defendants to dismiss or strike out the statement of claim — where judicial review proceedings have been incorrectly commenced by statement of claim — where it is impossible to identify the individual decisions in respect of which relief is sought including the grounds of relief and the specific relief sought — whether leave should be given to plaintiff to file a summons

CRIME — appeals — interlocutory appeal — doubts as to desirability of determining limitation questions in advance of trial CRIME — continuing offences — amorphous nature of term “continuing offence” — categories of continuing offence — relevance of issues of duplicity, double jeopardy, and limitation periods — nature of offence is an issue of legislative intention and facts of case — broad statements as to correct approach of limited utility — considerations relevant to characterisation exercise EMPLOYMENT AND INDUSTRIAL LAW — work health and safety — offences — characterisation of offence against ss 19(1) and 33 of Work Health and Safety Act 2011 (NSW) — distinct offence may be committed whenever duty not complied with at any time “while the workers are at work in the business or undertaking”

COSTS — indemnity costs orders sought by reason of rejection of Calderbank offer — whether offer contained genuine compromise — whether dismissing proceedings with no order as to costs constitutes a genuine compromise — whether failure to accept was reasonable — indemnity costs order granted COSTS — whether protective/defensive cross-claim should be awarded costs — costs order granted COSTS — whether a defendant’s recoverable costs should be reduced on the basis that their interests were aligned with co-defendants — whether coordinated defences mean unreasonable duplicative work was undertaken

COSTS — party/party — self represented litigant — usual rule that costs follow the event — application for departure from the rule where proceedings misconceived and additional costs incurred as the result of the use of AI — no just basis for departure from usual costs order

NEGLIGENCE — personal injury — where plaintiff worked at a factory as a contractor — plaintiff injured when a metal plate slipped and fell — whether factory owner owed plaintiff a duty of care — whether duty owed to plaintiff breached — whether plaintiff was contributorily negligent — nature of injuries caused by the accident — whether plaintiff entitled to claimed damages EVIDENCE — witness evidence — reliability and credibility of witness testimony — inconsistent and contradictory oral evidence — difficulties with interpretation of evidence — conflicting expert evidence about the diagnosis of PTSD

PROCEDURE – application for adjournment – applicant admitted to private clinic – second occasion on which applicant had entered clinic shortly before adjourned hearing – application by applicant for appointment of tutor on basis of incapacity – underlying appeal challenging dismissal of applicant’s claim when applicant hospitalised – adjournment granted on basis of overriding purpose

NEGLIGENCE — slip and fall in undercover carpark on speed hump —speed hump not painted — other hazards and irregularities in carpark painted yellow — whether primary judge erred in finding movement-sensitive lighting had not come on when plaintiff fell — whether unpainted speed hump an obvious risk — whether primary judge erred in finding breach and causation — whether primary judge erred in not finding contributory negligence — whether primary judge erred in assessment of future economic loss and future domestic assistance — appeal allowed in part and judgment in lesser amount substituted

Private international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for recognition and enforcement of arbitral award – Where appellants assignees of investors who obtained arbitral award against respondent – Where appellants sought to have award recognised and enforced in Australia under Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) ("New York Convention") as implemented by Pt II of International Arbitration Act 1974 (Cth) – Whether respondent's ratification of New York Convention amounted to waiver of respondent's foreign State immunity from jurisdiction for recognition and enforcement of foreign arbitral award in courts of other State parties to New York Convention – Whether clear and unmistakeable intention that entry into New York Convention involves waiver of foreign State immunity – Whether text and context of New York Convention suggests State ratification intended to constitute waiver of foreign State immunity. Words and phrases – "arbitral award", "arbitration", "clear and unmistakeable", "commercial or private law dispute", "commercial transaction", "common understanding", "enforcement", "express reservation", "foreign arbitral award", "foreign State immunity", "immunity from jurisdiction", "intention", "intention to preserve", "persons, whether physical or legal", "practical effect", "preservation", "presumption", "private party", "ratification", "reciprocity", "recognition", "reservation", "scope", "sovereign equality", "sovereign immunity", "State practice", "submission to jurisdiction", "subsequent practice", "waiver". Foreign States Immunities Act 1985 (Cth), ss 9, 10, 11, 17. International Arbitration Act 1974 (Cth), ss 8, 9, Sch 1. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), Arts I, II, III, IV, V, VI, VII, XI, XIII, XIV. Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965), Arts 53, 54, 55. Vienna Convention on the Law of Treaties (1969), Art 31.

SENTENCING — appeal against sentence — child sexual offences — expert evidence of applicant’s neurodevelopmental disorders — whether sentencing judge erred in failing to address whether moral culpability and the need for general deterrence was reduced — error established but no lesser sentence warranted on re-sentence — appeal dismissed

CRIME – Appeal and review – Appeal from Local Court to Supreme Court – By person against whom an interlocutory order is made with leave on a question of law alone – where plaintiff seeks to appeal decision of Local Court setting aside a paragraph in each of two subpoenas – whether Local Court decision constituted a denial of procedural fairness.

CHILD WELFARE — Jurisdiction — Supreme Court of New South Wales – parens patriae jurisdiction – plaintiff is the paternal grandfather of a child assumed into care shortly after her birth and who was placed with a long-term carer under the parental responsibility of the Minister – after contested proceedings the Children’s Court grants parental responsibility for the child to the Minister – plaintiff commences appeal proceedings in the District Court – plaintiff brings a summons in this Court’s parens patriae jurisdiction against the Secretary of the Department, seeking similar orders to those sought in the District Court appeal proceedings – the defendant brings a motion into strike out the plaintiff’s summons as frivolous and vexatious and an abuse of process – the plaintiff discontinues the District Court appeal proceedings – the defendant presses forward with the motion – whether there are exceptional circumstances sufficient to enliven this Court’s parens patriae jurisdiction – whether these proceedings are frivolous and vexatious or abuse of process.

COSTS — Party/Party — Whether plaintiff liable to pay indemnity costs due to unreasonable rejection of Calderbank offers or delinquency — Whether there should be apportionment of costs — Whether gross sum costs order should be made — Whether interest on costs should be awarded JUDGMENTS AND ORDERS — Whether judgment amount should include GST — Whether judgment to be entered against third defendant — Whether stay of orders pending appeal should be granted

HIGH RISK OFFENDER — serious sex offender — application for extended supervision order — preliminary hearing for interim relief — sexual offences committed against young girls — dispute as to conditions — requirement that conditions be appropriate — interim supervision order made

PROBATE — informal will — whether handwritten document signed by deceased was intended to form his will and to revoke earlier will — whether necessary to show continuing intention — revocation of earlier will — HELD — letters of administration for informal will granted to the plaintiff SUCCESSION — family provision — claim by cross-claimant adult daughter of former de facto partner of the deceased for provision from deceased’s estate under Succession Act 2006 (NSW), Ch 3 — proceedings not commenced within time — whether sufficient cause shown to extend time — where claim for provision brought by amended cross-claim 10 weeks out of time — HELD — extension of time to make provision claim granted SUCCESSION — family provision — claim by cross-claimant adult daughter of former de facto partner of the deceased for provision from deceased’s estate — where no provision made for cross-claimant in informal will — where whole estate left to long term friend of the deceased — where deceased and cross-claimant had close and loving relationship — factors warranting — small estate — whether adequate provision made for the proper maintenance, education or advancement in life of the cross-claimant — nature and quantum of provision to be made — cross-claimant welfare dependent and in desperate financial position — HELD — family provision order made

PROCEDURE – contempt, attachment and sequestration – contempt of Court – whether a custodial sentence until the defendant purges his contempt or the order is discharged is appropriate

CIVIL PROCEDURE – interim preservation – freezing order – on their motion for interlocutory relief the plaintiffs seek to extend freezing orders against the seventh and eighth defendants and other respondents associated with them – in the principal proceedings the plaintiffs allege the seventh and eighth defendants, as directors of a trustee company, as part of a dishonest scheme caused the trustee company to make preferential payments to its creditors related to the seventh and eighth defendants, rather than paying the plaintiff, another creditor – on the motion the plaintiffs also allege the seventh and eighth defendants entered into transactions to dispose of their assets shortly after the statement of claim was served in these proceedings in November 2025 – whether the plaintiff has made out a basis for the extension of the freezing orders – no question of principle involved.

Criminal practice – Trial – Tendency evidence – Directions to jury – Where respondent charged with child sexual offences against single complainant – Where charges arose out of three separate alleged incidents – Where Crown contended evidence in support of charged acts established a tendency on part of respondent – Where trial judge directed jury in determining whether tendency established to make findings in respect of charged acts to a lesser standard than criminal standard – Whether tendency direction likely to have deflected jury's attention from applying required standard of proof – Whether reliance on evidence of charged acts as basis for tendency inconsistent with nature of tendency evidence – Whether tendency direction required jury to engage in impermissible circular reasoning. Words and phrases – "beyond reasonable doubt", "charged acts", "child sexual offence", "circular reasoning", "circumstantial evidence", "deflected from applying the required standard of proof", "inconsistent with the nature of tendency evidence", "inferential reasoning", "intermediate conclusion", "intermediate fact", "jury direction", "lesser standard", "miscarriage of justice", "misdirection", "probability", "proof of the charges", "sexual offences", "significant probative value", "single-act tendency", "standard of proof", "summing up", "tendency", "tendency direction", "tendency evidence", "tendency notice", "tendency reasoning". Crimes Act 1900 (NSW), ss 66C(1), 66DB(a). Criminal Appeal Act 1912 (NSW), s 6(1). Criminal Procedure Act 1986 (NSW), s 161A. Evidence Act 1995 (NSW), ss 97, 97A, 101(2).

CRIME — Appeal against sentence — application for leave to appeal — where applicant contended sentence manifestly excessive — where none of the matters relied upon by applicant demonstrate manifest excess — where application does not go beyond merely arguable — where no issue of principle raised — where leave to appeal against sentence refused

COSTS — party/party — general rule that costs follow the event — where application to set aside statutory demand did not proceed – where no determination of proceedings on the merits.

COSTS — party/party — where statutory demands set aside by consent – whether unreasonable for Defendants to issue and refuse to withdraw statutory demands – where Plaintiff claims costs on a gross sum basis– where no determination of proceedings on the merits

CORPORATIONS LAW – receivers – validity of appointment – declaratory relief under Corporations Act 2001 (Cth), s 418A – nature of relief under section – distinction between positive and negative declaratory relief – receivers purportedly appointed by third party note-holders, pursuant to power conferred on them in circumstances where dispute as to indemnity to charge/appointor – whether other clauses in transaction documents detracted from exercise of the power – declaratory relief issued

CORPORATIONS – interlocutory application – where fifth and sixth defendants seek orders for proceedings to be dismissed with indemnity costs – where first plaintiff disqualified by ASIC from managing any corporation – where first plaintiff and his solicitor contend misapprehension as to the effect of disqualification order – where first plaintiff gave instructions on behalf of second plaintiff without authority – where second plaintiff was reinstated on instructions from first plaintiff – where second plaintiff proffered an undertaking as to damages – no effective ratification – proceedings stayed – freezing order improperly obtained – freezing order discharged

CORPORATIONS — receivers and managers — appeal — standing of receiver to seek declaratory relief in respect of ownership of shares — whether shares formed part of secured property — where bases of grounds of appeal not raised in the Court below APPEAL — where appellant seeks to run a point not taken in the Court below — parties generally bound by the way they conducted themselves at first instance

PRACTICE AND PROCEDURE — Vexatious proceedings order — whether plaintiff brought proceedings “acting in concert” with person subject to a vexatious proceedings order and without the leave of the court contrary to s 13(1)(b) of the Vexatious Proceedings Act 2008 (NSW) — HELD — plaintiff brought proceedings acting in concert with person subject to vexatious proceedings order — proceedings taken to have been automatically stayed when instituted and dismissed 28 days after they were instituted in accordance with ss 13(2) and 13(3) of the Vexatious Proceedings Act 2008 (NSW) CIVIL PROCEDURE — stay — application by the defendant to have the proceedings stayed pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 12.4 — whether the making of an order for costs as agreed or assessed gives rise to a liability for costs prior to its quantification — HELD — an order for costs may not take effect until it is quantified but gives rise to a liability to pay costs upon the date the order is made — the proceedings are substantially the same as discontinued proceedings — the proceedings would have been stayed until the costs of discontinued proceedings paid if not dismissed pursuant to the Vexatious Proceedings Act 2008 (NSW) CIVIL PROCEDURE — stay — application by defendant to have the proceedings stayed pursuant to s 67 of the Civil Procedure Act 2005 (NSW) — relitigation of claims made in prior proceedings — HELD — proceedings are an abuse of process — the proceedings would have been stayed as an abuse of process if not dismissed pursuant to the Vexatious Proceedings Act 2008 (NSW) CIVIL PROCEDURE — summary dismissal and strike out — application by defendant to have the proceedings dismissed pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 13.4 or alternatively statement of claim struck out pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 14.28 — HELD — proceedings are an abuse of process and no reasonable cause of action disclosed — the proceedings would have been dismissed or statement of claim entirely struck out if not dismissed pursuant to the Vexatious Proceedings Act 2008 (NSW)

JUDGMENTS AND ORDERS – Amending, varying and setting aside – whether District Court orders effective from time they are pronounced – whether District Court judge revisited or withdrew orders after they had been pronounced. HIGH RISK OFFENDERS – Interim supervision orders – whether defendant “eligible offender” under Terrorism (High Risk Offenders) Act 2017 (NSW) after District Court quashed sentence of imprisonment.

CORPORATIONS – winding up – costs in the winding up – application to fix amount of costs – priority of costs – whether costs of substitution application and post‑winding up steps are “costs in respect of the application for the order” – interaction of s 466 and s 556 of the Corporations Act 2001 (Cth) – gross sum costs – broad‑brush assessment – reasonableness of itemised bill – gross sum fixed

TRUSTS — Family discretionary trusts — Family trust settled by patriarch (G) — G also appointor of the trust with power to appoint a new trustee and additional trustees and to remove any trustees — Certain trust provisions impacted by G’s death— Specifically (a) whilst G’s family grew generationally the range of beneficial objects to whom income could be appointed was reduced on G’s death as appointor (b) no mechanism was provided for a new appointor and (c) the power of variation was limited by reference to G’s lifespan as appointor — Trust operated for approximately 14 years post G’s death without an appointor — Trustee sought orders principally pursuant to Trustee Act 1925 (NSW), s 86A to alter the power to vary the trust, to appoint a new appointor, to give the majority of ‘beneficiaries’ power to remove and substitute the appointor and to effectively reinstate the greater breadth of beneficial objects to whom income could be appointed to the position prior to the death of G — Held partial relief given – Appointor to be appointed (under inherent power) and approval of variation (under s 86A) for beneficial class to whom income could be appointed to be revised to the position pre G’s death - Plaintiff to reflect upon reasons with opportunity to approach the Court for further relief if need be EQUITY — Trusts — Approval of arrangements (proposals) for variation of trusts — Trustee Act 1925 NSW (Trustee Act), s 86A — Remedial nature of the legislation invites beneficial construction — Standing discussed — Trustees may apply (inter alia) on behalf of persons incapable of assenting or with no present entitlement — ‘Arrangement’ is terminology in the widest possible sense to cover any proposal which a person with standing may put forward for varying or revoking trusts EQUITY — Trusts — Approval of variation proposals — Trustee Act s 86A — Extent of jurisdiction — Appointors and varying trusts generally — Differing views in other jurisdictions under cognate legislation regarding whether the variation approval power permits the appointment of appointors and variation of trusts generally EQUITY — Trusts — Approval of variation proposals — Trustee Act s 86A — Relevance of Settlor’s purposes APPOINTORS — Discussion of extent of role and sources of appointment — Discussion regarding nature of character of role of appointor and power of appointment of trustees — Characterisation of role of appointor as fiduciary or otherwise depends on the terms of the trust and circumstances in each particular case EQUITY — Trusts — Court’s inherent jurisdiction —Equity preserves trusts, rather than destroying them and acts to perform or execute trusts, not to alter them TRUSTS — Appointors — Inherent jurisdiction — Court’s inherent power to appoint an appointor discussed TRUSTS — Advantageous dealings Trustee Act s 81 — Conferral of specific powers is by reference to management and administration of trust property TRUSTS —Rights of beneficiaries — ‘Rule’ in Saunders v Vautier — Nature of power WORDS & PHRASES – ‘appointor’

CONSUMER LAW – False or misleading representations – where first plaintiff and first defendant parties to a joint venture – alleged representations by first defendant as to contributions to the lease of a commercial premises in Sydney entered into by the first plaintiff – alleged representations by first defendant as to provision of an interest in another commercial premises in Victoria to first plaintiff in return for contribution to purchase price and to costs of fit-out works – whether pleaded representations were made –whether first plaintiff relied on the alleged representations – claims dismissed CIVIL PROCEDURE – application for adjournment – where first plaintiff made application on morning of hearing – application refused

NEGLIGENCE — motor vehicle accident — appeal — dispute as to factual matters relating to liability — alleged errors with respect to factual matters relating to the circumstances of the collision APPEAL — from findings of fact — assessment of witnesses by primary judge

CIVIL PROCEDURE – application for determination of separate questions – where five-day hearing intended to address all issues between parties – whether answering separate questions would remove the need to determine residual disputes

CIVIL PROCEDURE – Interim preservation – Freezing orders – no issue of principle. COSTS – where plaintiff did not bring application until evening prior to proposed sale of property – order that the plaintiffs pay the defendants’ costs of the application.

CRIME – Appeal and review – Appeal from Local Court to Supreme Court – Procedure – stay of execution of sentence pending determination of appeal – Local Court sentence not yet delivered – application of s 63 of Crimes (Appeal and Review) Act 2001 – whether s 63(1) is confined to appeals against sentence – whether appeal against conviction is an appeal ‘in respect of’ a sentence after sentence is imposed.

EVIDENCE – commercial arbitration – documents produced on subpoena – client legal privilege – whether Court should examine the documents – privilege claims upheld in part and rejected in part

COSTS — Party/Party — Exceptions to general rule that costs follow the event — Calderbank offers — Defendants offer to give plaintiff substance of relief sought but for costs — Plaintiff does not accept offer — Defendants succeed at trial and proceedings are dismissed — Whether defendants should have special costs order in their favour — No issue of principle

LAND LAW — Co-ownership — Rights between co-owners — Allowance for improvements to land by way of equitable accounting — Appropriate form of account to be ordered COSTS — Application for appointment of trustees for sale pursuant to s 66G Conveyancing Act 1919 (NSW) — Where ‘usual order’ for costs in such proceedings to be defrayed out of proceeds of sale — No question of principle

COSTS — Costs assessment — appeal from determinations made by Review Panel — where court referred claim to a costs assessment pursuant to Pt 4.3 of the Legal Profession Uniform Law 2014 (NSW) — whether s 172(4) required compliance with disclosure obligations — whether Review Panel made an error in voiding the costs agreement between the law firm and the receiver due to failure to comply with disclosure obligations and then assessing costs on a quantum meruit basis

COSTS – As between defaulting executors – Where Court found they were not suing on behalf of estates

CIVIL PROCEDURE – notices to produce – where plaintiffs seek to set aside notices to produce financial records – pending application for security for costs – whether notices ambiguous and/or unduly onerous

EQUITY — equitable compensation — wealthy Chinese uncle provides funds for company to buy business — Australian-based nephew manages business as director — nephew misuses company funds — nephew seeks further funds from uncle purportedly for inventory but spends himself – nephew resists requests to produce damning bank statements. LIMITATION OF ACTIONS — equitable compensation — Limitation Act 1969 (NSW), s 47 — principles at [187]-[191] — nephew held funds withdrawn from company account in breach of fiduciary duties on constructive trust — 12-year limitation period applies— claim not time-barred. LIMITATION OF ACTIONS — equity — application of limitation periods by analogy — Corporations Act 2001 (Cth), s 1317K — whether unjust for nephew to rely on six-year statutory limitation period by analogy — principles at [193]-[195] — nephew’s knowledge cannot be imputed to company while managing the business — nephew’s wrongdoing not discovered until bank statements produced on subpoena — claim not time-barred. CONTRACTS — oral agreement between uncle and nephew to loan $2.4 million for purchase of land — who were the contracting parties, principles at [223]-[225] — borrower was the nephew’s company. LAND LAW — equitable charge — nephew assures uncle “even if I cannot repay you, the land will still be here” — principles at [249]-[251] — whether equitable charge enforceable — Conveyancing Act 1919 (NSW), ss 23C and 23E — meaning of “disposition” — whether sufficient acts of part performance — principles and case law review at [253]-[270] — act of advancing loan funds not unequivocally referable to agreement to grant security over property — part performance not established — equitable charge not enforceable. RESTITUTION — nephew offers to assist with development of uncle’s property — uncle provides provide funds to pay for expenses — uncle takes management of property development out of nephew’s hands - uncle seeks restitution of surplus funds paid but not reimbursed. LIMITATION OF ACTIONS — restitution — unjust enrichment — principles at [277]-[278] — cause of action complete when period for contractual performance ends, not when funds paid — this occurred when uncle handed over management of property development — not time-barred.

APPEAL – Leave to appeal – Application for leave to appeal NCAT Appeal Panel decision under s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) – Whether question of fact or question of law – Whether finding of the Appeal Panel that strata application filed out of time concerned question of fact or question of law – Leave to appeal refused

ENVIRONMENT AND PLANNING – Land and Environment Court – Jurisdiction and powers – Class 1 – conciliation conferences – whether decision to give effect to development consent was one which the Court could make in the proper exercise of its functions – where common ground that cl 6.7(2) of the Kiama Local Environmental Plan 2011 is a jurisdictional constraint – whether Commissioner formed the requisite state of satisfaction so as to satisfy jurisdictional constraint – where Jurisdictional Note provided by the parties ENVIRONMENT AND PLANNING – Land and Environment Court – Jurisdiction and powers – Class 1 – conciliation conferences – whether Commissioner had power to grant development consent to amended development application – whether third respondent’s role as consent authority was functus officio upon refusing the development application so as to preclude the Commissioner from giving effect to grant of consent – where amendments to development application diminished the impact on neighbouring properties

CRIME – appeals – appeal against sentence – sexual intercourse without consent – objective seriousness – moral culpability – whether sentencing judge erred in failing to take into account the applicant’s motive and intention in committing offences – whether applicant’s motive of love and sexual attraction toward victim mitigated objective seriousness – appeal dismissed CRIME – appeals – appeal against sentence – aggregate sentence – whether sentence manifestly excessive – appeal dismissed

CRIME – appeals – appeal against conviction – Liberato direction – where Crown conceded that the trial judge’s direction on the second limb of Liberato was erroneous in a material respect – whether the guilty verdict was nevertheless inevitable – whether the proviso in s 6(1) of Criminal Appeal Act 1912 (NSW) should apply

CIVIL PROCEDURE – ex parte application – freezing orders previously made against certain defendants – application by plaintiff for further freezing orders – further freezing orders granted in respect of first defendants’ motor vehicles – other proposed freezing and case management orders sought refused

CIVIL PROCEDURE – Subpoenas – To produce documents or things – where suppression orders limiting access to protected documents made in District Court – where plaintiff seeks to use information contained within protected documents to contact identified complainants and brief expert witness.

CIVIL PROCEDURE — admissions — admission of facts — withdrawal of admissions — where defendant previously admitted to having signed documents — where defendant later concluded that the signatures were not his — whether leave should be granted to withdraw admissions

COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Where plaintiffs in revenue proceedings successful in revoking assessments under challenge — Where issues raised in appeal statements abandoned at hearing — Whether successful plaintiffs should be ordered to pay unsuccessful defendant’s costs of abandoned issues — Whether plaintiffs should otherwise be deprived of some of their costs by reason of the abandonment of issues — No issue of principle COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion — Two issues decided by the Court in its principal judgment — One issue concerned interpretation of a deed and whether it constituted a declaration of trust — Plaintiffs succeeded on the declaration of trust issue — Other issue concerned valuation of properties — Where valuation issue strictly not necessary to decide in light of plaintiffs’ success on the first issue — Where the Court proceeded to determine the valuation issue in the alternative — Defendant would have succeeded on the valuation issue if it was reached — Whether valuation issue was a dominant and separable issue in the proceedings — Whether it is relevant to consider the fate of arguments that did not strictly need to be reached in the proceedings — Consideration of how general principle that trial judges ought to decide all issues may affect exercise of the Court’s costs discretion vis-à-vis dominant and separable issues

CHILDREN – Care and Protection – Contact Order – Appeal – Ambit of appeal limited by nature of order the subject of the appeal

CONTRACT – whether oral agreement entered into – whether Plaintiffs have beneficial interest in property – question of fact – no agreement – no interest – no issue of principle LANDLORD AND TENANT – residential tenancy – proceedings commenced in NCAT – proceedings transferred to Supreme Court by consent – whether Supreme Court has power to make order terminating lease and granting possession – no power – proceedings remitted to NCAT