Cases and authorities

COSTS - whether the plaintiff should only pay 50% of the first and second defendant's costs on the basis that some of the claims contained in the defendants' pleadings were abandoned before or during the hearing and because much of the defendants' evidence was not read

EVIDENCE - admissibility - whether evidence relevant - application of s98 Evidence Act 1995 (NSW)

EVIDENCE - admissibility - no question of principle

PRACTICE AND PROCEDURE - application for determination of separate question

CORPORATIONS - External administration - winding up - application for special leave pursuant to (Cth) Corporations Act 2001 s 488(2) to make interim distribution of surplus assets.

CORPORATIONS - external administration - where insolvency practitioner is liquidator or deed administrator of numerous corporations - where practitioner is seriously ill and unable to attend to matters - removal and replacement of liquidator and deed administrator on application of practitioner

COMPANIES - internal administrator - deregistration - re-registration - where sufficient remedy provided by s 601AG

CONTRACTS - Termination - Remedies - Where contract allowed vendor to elect between remedies upon termination of contract - Where election made "without prejudice" - Whether election effective CONTRACTS - Construction - Condition precedent - Where contract required vendor to install certain items prior to completion - Whether clause a condition precedent to completion

WORKERS COMPENSATION - dispute over proposed treatment - whether referral to AMS mandatory before dispute determined - construction of Workers Compensation Act 1987, s 60(5) - no basis for departing from ordinary grammatical meaning

EVIDENCE - evidence on commission or letters of request - jurisdiction and in general - application under Evidence on Commission Act 1995 for issue of commissions for examination in France and Switzerland - proposal that commissioner interview persons, determine which, if any, facts elicited are relevant to party's case in the proceedings and record those facts in affidavits to be sworn before commissioner - whether that procedure may be the subject of a commission - alternative application under the Act for issue of letters of request directed to judicial authorities of those countries - same function of eliciting, selecting and recording facts envisaged - no statement or description of evidence to be adduced - whether letters of request should be ordered

PROCEDURE - dismissal for want of despatch - continuing failure and inability of appellant to prepare appeal in accordance with the rules of court - continuing expectation that appellant's health will never permit him to do so - expectations of retaining lawyers not realised - no indication that lawyers will ever be retained - prejudice to respondent in the form of need to attend to various aspects of appeal unlikely to proceed

CONTRACTS - interpretation - where carbon charges levied on methane emissions - whether certain emissions attributable to coal sold - no question of principle

PROCEDURE - miscellaneous procedural matters - cross claims - application for leave to file cross-claim outside the time specified by the Uniform Civil Procedure Rule 2005 (NSW) - whether leave to file cross-claim will promote the just, quick and cheap resolution of the matters in dispute. PROCEDURE - miscellaneous procedural matters - order sought for two proceedings to be heard together - where evidence led in both proceedings would canvass the same events.

BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether adjudicator failed to accord natural justice - whether adjudicator failed to exercise powers in good faith - whether adjudicator committed jurisdictional error.

PROCEDURE - application to strike out the summons -the defendants leased their house to the plaintiff for 1 year - the plaintiff seeks a declaration that the lease was extended for another year - plaintiff is, and was when the lease was executed, an undischarged bankrupt - the trustee confirmed that he did not consent to the proceedings and did not appear - whether the plaintiff has standing to bring the proceedings - whether the property in the lease vested in the trustee in bankruptcy - whether an urgent trial should be ordered.

CRIMINAL LAW - sentencing - manslaughter - excessive self-defence - deprived childhood - exposure to domestic violence - history of petrol sniffing - alcohol - marijuana - history of violent offending - self defence - victim unreasonably refused medical treatment - plea of guilty - remorse - poor prospects of rehabilitation - need for assistance and supervision warrants longer parole period - custodial sentence imposed

LOCAL COURT APPEAL - Farm Debt Mediation Act - entry of orders - futility of appeal where other creditor has filed creditor's petition under Bankruptcy Act 1966 (Cth) - whether enforcement action.

CRIMINAL LAW - Practice and Procedure - unfit to stand trial - Federal offence - prima facie case - mental condition - treatment available in hospital - attendance at rehabilitation programs - accused released on conditions

EVIDENCE - admissibility of document - relevance

REAL PROPERTY - caveats - removal of caveats - Real Property Act 1900 (NSW) s 74MA - balance of convenience

APPEALS - appeal from Local Court - unrepresented plaintiff - grounds of appeal raising pure questions of fact

SUCCESSION - son burying father - executor liable to reimburse - family provision - claim made 5 months too late - applicant knew of deadline - application to extend time refused

PROCEDURE - application for an adjournment - refused

CRIMINAL LAW - sentence appeal - supplying a prohibited drug and possession of firearms offences - whether sentence manifesting excessive - no specific error identified but accumulation of sentences challenged - no error of principle - appeal dismissed.

APPEAL - challenge to credit-based findings of fact - no adequate reconciliation of all evidence on point - internally inconsistent findings - appellate interference warranted - no retrial required as judgment able to be independently supported MISLEADING AND DECEPTIVE CONDUCT - life insurance policy - written advice to take out new policy and cancel existing policy - failure to advise of effect of Insurance Contracts Review Act 1984 (Cth), s 29(3) - insufficient information at time of advice for proper comparison - inability to recommend competitors' products - breach of Corporations Act 2001 (Cth), s 1041H and Australian Securities and Investments Commission Act 2001 (Cth), s 12DA

COSTS ORDER - entitlement of plaintiff to interest on judgment sums - rate of interest and period over which plaintiff is entitled to interest - whether continuation in the Supreme Court of claim was warranted - costs consequences of offers of compromise.

ADMINISTRATIVE LAW - Application under s69 Supreme Court Act 1970 (NSW) - application to quash defendant's decision confirming revocation of parole of plaintiff - plaintiff goes to Western Australia in breach of parole conditions - plaintiff commits further offences in Western Australia - plaintiff sentenced to imprisonment in Western Australia - whether imprisonment in Western Australia counts towards service of parole period in NSW - meaning of s171(3) of the Crimes (Administration of Sentences) Act 1999 (NSW) - meaning of "taken into custody" and "at large" as used in section - whether decision of defendant manifestly unreasonable - whether defendant failed to have regard to a mandatory relevant consideration - plaintiff's summons dismissed - plaintiff's application under Court Suppression and Non-publication Orders Act 2010 (NSW) refused.

APPLICATION FOR PRELIMINARY DISCOVERY - whether plaintiff satisfies Rule 5.3 Uniform Civil Procedure Rules 2005 - whether plaintiff satisfies requirement that it may be entitled to make claim against defendant - potential entitlement of plaintiff to sue defendant for making misleading or deceptive representations to it - whether defendant made representation it would definitely draw down the loan facility - whether representations made to related company were received by plaintiff.

WORKERS' COMPENSATION - commutation agreements - application for specific performance of commutation agreement prior to registration of agreement - whether commutation agreement is binding and enforceable prior to registration - effect of Workers Compensation Legislation Amendment Act 2012 on commutation agreements - certification of satisfaction as to matters in s 87EA of Workers Compensation Act 1987 by WorkCover Authority - whether WorkCover Authority is to assess matters under s 87EA having regard to changes effected by Workers Compensation Legislation Amendment Act 2012 - construction of definition of "transitional commutation agreement" in cl 22(1) of Sch 6 Part 19H of Workers Compensation Act 1987 - whether specific performance would be futile

CRIMINAL LAW - sentence - murder - guilty plea - mutilation - nature and seriousness of offence - accounts given to psychiatrists - alcohol use - aggravating factors - mitigating factors - record, character, re-offending and rehabilitation - planning - remorse - remorse not taken into account by way of mitigation - mental illness - offender's personal circumstances - comparable cases - discount - no special circumstances - victim impact statements - sentence imposed

CRIMINAL LAW - sentence - pleas of guilty - participate in a criminal group (s.93T(1) Crimes Act 1900) - accessory after the fact to armed robbery involving the infliction of grievous bodily harm (s.349(2) Crimes Act 1900) - possess offensive weapon with intent to commit indictable offence (intentionally cause grievous bodily harm (s.33B(2) Crimes Act 1900) - possess prohibited firearm (s.7(1) Firearms Act 1996) - participation in criminal group over five weeks - participation ended by arrest - active and senior participant in criminal group - group involved in drug supply and in home invasions inflicting injuries upon residents - objective gravity of offences - offences in breach of conditional liberty - relevance of Offender's mental condition - need for specific and general deterrence - partial accumulation of sentences appropriate

CRIMINAL LAW -sentence -murder - stabbing - violence throughout long marriage -morbid jealousy - no provocation - mental illness- no substantial impairment -offer to plead guilty to manslaughter -wounding with intent to cause grievous bodily harm -substantial concurrence - poor prospects of rehabilitation -antecedents in foreign country.

CRIMINAL LAW - sentence - plea of guilty - murder and armed robbery - conditional liberty at the time of offence - genuine remorse

CRIMINAL LAW - sentencing after trial -merciful verdict on murder count - conviction of armed robbery - offender organised armed robbery but did not enter premises - no genuine remorse

REAL PROPERTY - possession of land - claim by executor - occupied by one of two residuary beneficiaries - need to sell property to administer the estate - no defence disclosed - judgment for possession

CRIMINAL LAW - confiscation of proceeds of crime - restraining orders

PROCEDURE - application for review of the Registrar's decision to amend the Court's Justice Link system by entering the applicant as the fourth cross-claimant in these proceedings - Registrar's decision made after the final judgment in the proceedings which described the applicant as the fourth defendant/cross-claimant, dismissed the cross-claim and made cost orders against all cross-claimants - applicant listed as the fourth cross-claimant on the most current version of the cross-claim - applicant swore the affidavit verifying the cross-claim describing him as the fourth cross-claimant - whether the Registrar's order should be set aside.

LEGAL AID - pro bono assistance - claim for termination of residential tenancy - cross-claim by tenant - tenant self-represented - difficulty of discerning claims made in cross-claim - referred for pro bono assistance limited to advice and drafting documents

CRIMINAL LAW - confiscation of the proceeds of crime - persons with property other than the offender - restraining orders

COSTS - whether the plaintiff should be awarded costs on an indemnity basis - whether the letter sent on 31 January 2005 contained a Calderbank offer - whether the letter of 25 September was a Calderbank offer - whether costs should be awarded on an indemnity basis in respect of matters in the Notice to Admit - whether costs of the proceedings before Bergin CJ in Eq should be dealt with

PRACTICE AND PROCEDURE - application for adjournment of part heard matter in order to consider new evidence

DEFAMATION - concurrent criminal proceedings commenced against plaintiff by defendant as private informant - whether plaintiff's action in defamation should be stayed pending determination of the criminal proceedings - form of defence drafted by defendant without legal assistance - whether liable to be struck out - appropriateness of referral for pro bono assistance to settle defence.

DEFAMATION - imputations - objections as to form and capacity - objection based on pleading of several articles as single publication

PRACTICE & PROCEDURE - judgments - application for stay of judgment - whether abuse of process - whether set off available - whether basis for exercise of inherent jurisdiction

BUILDING & CONSTRUCTION - Building contracts - Payment - Final certificate CONTRACTS - interpretation - whether final certificate issued in time - corresponding date rule

BAIL - bail review - accused charged with conspiring to traffic a large commercial quantity of cocaine - accused subject to strict bail conditions - bail varied by Supreme Court - Crown case that intercepted telephone conversations used coded language - Crown seek restoration of bail condition that accused and co-accused not confer without supervision by lawyer to reduce risk of collusion - limitations of Legal Aid grant - concerns about impeding preparation of defence - concerns about collusion can be addressed at trial - condition not restored

CRIMINAL LAW - appeal - murder - whether error in failure to leave alternative count of manslaughter to jury - whether trial miscarried by reason of prejudice occasioned by Crown prosecutor - whether reversal of onus of proof - whether separate trial application should have been made in respect of perjury/false swearing charges - whether trial miscarried by failure of trial judge to discharge jury after Crown prosecutor made prejudicial remarks in opening address - whether error in leave granted pursuant to s 38 Evidence Act 1995 - whether verdict unreasonable and not supported by evidence - failure of trial counsel to request direction regarding delay in prosecution - all grounds rejected - appeal dismissed

CRIMINAL LAW - section 5F appeal - Crown appeal - sexual and physical assaults by respondent against adopted daughter - four counts of aggravated indecent assault, four counts of sexual intercourse with child between ages of 10 and 16 in circumstances of aggravation, three counts of sexual intercourse without consent, two counts of assault occasioning actual bodily harm, two counts of common assault, and two alternative accounts of aggravted indecent assault - trial judge made rulings regarding admissibility of recorded conversations between complainant and respondent - whether exclusion of recorded conversations substantially weakens Crown case - whether trial judge erred in finding that probative value of evidence of admissions was not high - whether trial judge erred in excluding evidence of admissions pursuant to s 137, Evidence Act - whether trial judge erred in excluding evidence of admissions pursuant to s 90, Evidence Act - appeal allowed - rulings of trial judge vacated

CRIMINAL LAW - offence under the Water Management Act 2000, s 91K(1) - plea of guilty - sentence - publication order made pursuant to the Water Management Act, s 353G(1)(a) - application for stay of publication order. ENVIRONMENT AND PLANNING - offence under the Water Management Act 2000, s 91K(1) - plea of guilty - sentence - publication order made pursuant to the Water Management Act, s 353G(1)(a) - application for stay of publication order - principles governing grant of stay of orders made by the Land and Environment Court in its criminal jurisdiction.

CRIMINAL LAW - sentence - application to vary sentence imposed by the Court of Criminal Appeal - Criminal Appeal Rules, r 50C - application by letter - application by letter sufficient under r 50C pursuant to Criminal Appeal Rules, r 2. CRIMINAL LAW - sentence - non-parole period or minimum term - Muldrock v The Queen [2011] HCA 39; 244 CLR 120 - whether appellant ought to be re-sentenced because of the Crown's erroneous concession on the appeal as to the standard non-parole period.