Cases and authorities

CRIMINAL LAW - application for leave to appeal against sentence - offences of obtaining benefit by deception, corruptly receiving a benefit - adequacy of discount for pleas of guilty and assistance to authorities - whether sufficient weight given to mental illness - failure to take into account applicant's undertaking to make restitution

TORTS - negligence - personal injury - diving accident - existence of duty of care - breach of duty of care - dangerous recreational activity - obvious risk - limitation of liability for maritime claims

CORPORATIONS - statutory demands - application under s 459G Corporations Act 2001 (Cth) for order setting aside statutory demand - whether demand validly served in absence of an affidavit verifying debt - whether that was "some other reason" for the purposes of s 459J(1)(b) Corporations Act that the demand should be set aside CORPORATIONS - statutory demands - application under s 459G Corporations Act 2001 (Cth) for order setting aside statutory demand - existence of "genuine dispute" about the debt claimed - whether that was "some other reason" for the purposes of s 459J(1)(b) Corporations Act that the demand should be set aside APPEAL - where multiple reasons for decision below, any one of which would have been sufficient - where one or more of such reasons not appealed against COSTS - indemnity costs - where manifestly hopeless defence - where Calderbank offer made

BUILDING AND CONSTRUCTION - Building and Construction Industry Security of Payment Act 1999 - whether for the purposes of s 26 an adjudicator who issues only a purported but void determination fails to determine an adjudication application within the time allowed by s 21(3) - whether the five business day time period under s 26 for lodgement of a new adjudication application commences to run from the expiry of the period for issue of a valid determination or from the date that a purported determination is declared void STATUTORY INTERPRETATION - Building and Construction Industry Security of Payment Act 1999 s 26 - whether for the purposes of s 26 an adjudicator who issues only a void determination fails to determine an adjudication application - effect of an order quashing a decision upon the ground of denial of procedural fairness - Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 referred to

Proceedings commenced by the NSW Trustee & Guardian, the tutor of the Plaintiff, a disabled person, in which a claim for a family provision order, under the Succession Act 2006 was sought - Only issue is whether adequate provision for proper maintenance education or advancement in life made in the Will of the deceased for the Plaintiff - Competing claims of beneficiaries none of whom or which is an eligible person

PROCEDURE - approval of settlement proceedings involve a defendant who was appointed a tutor - settlement is in defendant's interests - settlement approved

FAMILY LAW AND CHILD WELFARE - Adoptions - Director-General has parental responsibility for child as result of (NSW) Adoption Act 2000 s 75(1)(a) and s 79(1) - Director-General places child in care of suitable person under s 79(2) - Director-General applies for order to continue 'supervision' of child - such order not an order concerning parental responsibility - appropriate to make order under s 78(3)(b) that Director-General continue to have parental responsibility for child for a further year and for a report to be made to Court if Director-General does not cease to have parental responsibility for child within year.

CORPORATIONS - winding up - pooling - form of ancillary orders

REAL PROPERTY - easements - order under Conveyancing Act 1919 s88K - plaintiffs applied for order for drainage easement over 1 metre wide strip 21m long along rear boundary of adjacent land to connect drainage to Council drainage in lane - easement required to comply with Condition of Development Consent for redevelopment of plaintiffs' suburban house property for dual occupancy - consideration of evidence of advantages and disadvantages of proposal and possible alternatives - order for easement.

GUARANTEE AND INDEMNITY - Actions Against Surety - defence that not bound as signed as director of company and not in personal capacity - defence that guarantee unjust in terms of the Contracts Review Act 1980 - first cross-claim for breach of share sale agreement in failing to ensure transferor removed from guarantee - second cross-claim for misleading or deceptive statement in contravention of the Fair Trading Act 1987, s 42; negligence and equitable contribution from co-guarantor - third cross-claim discontinued - fourth cross-claim for negligence or breach of duty of care by solicitor

APPEAL - notice of motion - order seeking a stay until the determination of the appeal and alternatively, a stay and restoration of conditions on specified conditions, until determination of the appeal - whether the Court has power to order the stay sought - stay refused - discretionary considerations

CORPORATIONS - ss 444A(4)(i), 444D(1), 444E(3) and 553(1) Corporations Act 2001 (Cth)- COMMERCIAL ARBITRATION - ss 35(1) Commercial Arbitration Act 2010 (NSW) - where the plaintiffs and the defendant company were parties to arbitration - in respect of disputes arising out of a contract entered into between them in 2001 - where the defendant company goes into voluntary administration and enters into a deed of company arrangement after the arbitration is held but before the arbitrator renders his final award and before he makes a subsequent award requiring the defendant to pay the plaintiffs' costs - whether the costs award is a claim arising on or before the date of voluntary administration or reflects a contingent claim as at that date - held that the costs award is neither a claim arising on or before the date of voluntary administration nor reflects a contingent claim in existence as at that date

PROCEDURE - notices of motions - proceedings related to mortgage over property - Bank obtained possession of property - claims advanced about existence of the Principality of Snake Hill - course of proceedings - various orders sought by various motions - new proceedings brought in relation to property - whether summons in new proceedings should be dismissed -

PROCEDURE - Courts and judges generally - Courts - motion - order seeking transfer of proceedings under cross-vesting legislation - two separate proceedings - one commenced in Victoria one in New South Wales - whether proceedings should be transferred to Federal Court - orders made - costs

TRADE PRACTICES - misleading and deceptive conduct - director involved in contravention by company. DAMAGES - Trade Practices Act 1974 - assessment of damages - no issue of principle

Plaintiff commenced proceedings, by Summons seeking injunctive relief against the Defendants in relation to their representation in proceedings that had been commenced in the District Court of New South Wales at Orange - Proceedings resolved by acceptance of undertakings from Defendants - Each party seeks costs of the proceedings even though no hearing on merits.

ADMINISTRATIVE LAW - judicial review -prerogative writs and orders - certiorari and mandamus - administrative tribunals -Consumer, Trader and Tenancy Tribunal - jurisdictional error - procedural fairness - no notice of hearing - refusal of adjournment.

CRIMINAL LAW - sentence - manslaughter - plea of guilty - where offender entered into a joint criminal enterprise to threaten or use unlawful violence against a group including the deceased while some members of the group were armed with crude weapons and one was armed with a loaded shortened firearm - plea entered at first available opportunity - combined discount of 50 per cent for early plea and assistance to authorities

FAMILY LAW - application for adjustment of parties' property interests pursuant to s 20 of the Property (Relationships) Act 1984 - whether de facto relationship - defendant died before determination - action survived him - whether living together as couple SUCCESSION LAW - two applications for family provision order - both plaintiffs claim to have been members of household of deceased and dependent on him - whether provision inadequate - no provision in will of deceased for either - large estate

Criminal law - murder - sentencing - standards current at the time of offence

PROCEDURE - civil - pleadings - application to amend - whether undue delay in bringing application - whether pleadings unambiguous - take into account affect on trial date - whether defendants will be prejudiced - where pleadings change the substance of the case being put - existence of same or similar allegations in existing pleadings where not central to cause of action - failure to particularise allegations - unparticularised pleadings should not be permitted at advanced stage of trial preparation -application dismissed

CRIMINAL LAW - appeal against conviction - multiple counts of sexual intercourse involving children, using children for pornographic purposes and doing act with the intent to pervert the course of justice - competence of counsel at trial - fresh evidence - miscarriage through duress or medication affecting giving instructions - errors by Crown Prosecutor or in summing-up - inconsistency of verdicts - unsafe or unsatisfactory verdicts - appeal dismissed.

ESTOPPEL - Anshun estoppel - whether matter sought to be relied upon was so relevant to the subject matter of the first action that it would have been unreasonable not to rely on it ESTOPPEL - Anshun estoppel - evidence admissible regarding Anshun estoppel - any facts that bear upon reasonableness of manner in which litigation conducted are relevant - written submissions in earlier proceedings can be admitted ESTOPPEL - Anshun estoppel - standard of appellate review - standard is that of Warren v Coombes (1979) 142 CLR 531, not House v The King (1936) 55 CLR 499 APPEAL - when desirable for intermediate appeal court to decide issue beyond those that are sufficient for determination of a particular appeal - whether consequences are detrimental for administration of justice - Kuru v State of New South Wales (2008) 236 CLR 1 COSTS - indemnity costs - factors to be taken into account in discretionary decision - whether case weak - whether Anshun estoppel - whether plaintiff forewarned that indemnity costs would be sought COSTS - indemnity costs - appeal - whether leave to appeal against costs order required if appeal against substantive orders unsuccessful

REAL PROPERTY - restraints on alienation - whether option to buy back unit in retirement village unenforceable as an invalid restraint on alienation - where prohibition on disposing of any estate or interest in the property without consent of transferor - where restraints bind executors and successors in title in perpetuity - where circumstances in which option to buy back is exercisable effectively prevent disposal of any interest in the property without the option becoming exercisable - where price at which the only permitted sale can be made is bound to be less than the market value of the unrestrained fee simple - where restraints are in practice highly likely to permit a sale to only one person (or its nominee) REAL PROPERTY - restraints on alienation - effect of Hall v Busst (1960) 104 CLR 206 - majority held that contractual restraint on alienation unconnected with transfer of property whose alienation is restrained is to be treated in same way as condition imposing restraint on alienation in transfer of fee simple - no majority reasoning as to why clause in Hall v Busst was unlawful restraint on alienation - majority held that public policy is basis for doctrine of contractual restraints on alienation - obiter comments of Dixon CJ and Menzies J that contractual restraint on alienation would be invalidated only if the restraint was total - whether restraint is in substance total is a question of degree REAL PROPERTY - restraints on alienation - contractual restraint on alienation - whether imposed for the purpose of restraining alienation or for valid collateral purpose - effect of Reuthlinger v MacDonald [1976] 1 NSWLR 88 and Reuthlinger v MacDonald (NSWCA, 20 October 1976, unreported) - whether Reuthlinger clearly or plainly wrong - acceptance that public policy is basis for doctrine of contractual restraints on alienation supports enforceability of contractual restraints on alienation with valid collateral purpose REAL PROPERTY - restraints on alienation - contractual restraint on alienation - valid collateral purpose - whether the restraint is imposed at time of transfer of property in question is relevant to enforceability REAL PROPERTY - restraints on alienation - contractual restraint on alienation - valid collateral purpose - where restraint imposed for several different purposes, restraint is unenforceable if, overall, it is contrary to public policy REAL PROPERTY - restraints on alienation - contractual restraint on alienation - valid collateral purpose - where contract was not illegal at time it was made, appropriate standard of public policy to apply is that which exists at the time enforcement of the contract is sought REAL PROPERTY - restraints on alienation - contractual restraint on alienation - whether imposed for the purpose of restraining alienation or for valid collateral purpose - whether provision of housing for aged people is valid collateral purpose - legislation governing retirement villages specifically recognises permissibility of options to repurchase or conditions restricting subsequent disposal of the premises - principle that doctrine of restraints against alienation operates by reference to substance of arrangement, not form - restraint on alienation allowed unit to be purchased at significant discount - discount assists in provision of affordable accommodation for aged people - discount assists in provision of services for residents of retirement village - countervailing public interest in free alienability of fee simple interests REAL PROPERTY - restraints on alienation - contractual restraint on alienation - effect of Wollondilly Shire Council v Picton Power Lines Pty Ltd (1994) 33 NSWLR 551 - obiter statement of Handley JA that restraints against alienation arising as incidents of a personal contract for sale or option or right of pre-emption fall outside doctrine of restraints on alienation - statement not followed - possible for restraints on alienation arising as incidents of a personal contract for sale or option or right of pre-emption to be invalidated by operation of the doctrine of restraint against alienation OPTION - exercise of option - whether clear and unequivocal election to acquire the relevant property upon the terms specified in the option - determined from point of view of reasonable recipient of the document, with knowledge of relevant context - whether subsequent provision of information can cure inadequacy of purported notice to exercise option - whether purported exercise of option addressed to correct persons CONTRACT - abandonment - whether inordinate length of time allowed to elapse - whether reasonable bystander would infer, from the actions of the parties in the circumstances, that they have agreed to treat the contract as being no longer on foot - where contract gives rise to expectation of expeditious progress - where contract imposes positive obligations on both parties within short time period and obligations not performed CONTRACT - consideration - whether promise to ensure that X will do Y is capable of providing consideration where X is already under a legal duty to do Y - whether promise to do an illegal act can provide consideration - COURTS AND JUDGES - Judicial precedent - ratio decidendi - where judge gives two reasons for decision, each of which is independent of the other - whether each of those reasons is part of the ratio decidendi

REAL PROPERTY - Easements - Registrar-General expunged right of way from folios in the Register relating to two properties - expungement was procured by mistaken but arguable interpretation of terms of covenants - whether Registrar-General can be compelled to restore right of way to folios in the Register of the two properties - REAL PROPERTY - Powers of Registrar-General - s 32(6) Real Property Act 1900 - power to cancel recordings - REAL PROPERTY - Powers of Registrar-General - s 136 - power to call in and correct certificate of title or duplicate registered dealing - whether implied power to correct the Register itself - whether expungement of right of way from Register was "recording" - whether expungement was "wrongfully obtained" - whether expungement was "made in error" - whether Registrar-General was "satisfied" that expungement was "wrongfully obtained" or "made in error" - REAL PROPERTY - Powers of Registrar-General - s 12(1)(d) - power to correct errors and omissions in the Register - whether expungement of right of way from Register was "error" - whether expungement was "omission" - whether term "omission" in s 12(1)(d) to be construed in the same way as "omission" in s 42(1)(a1) - term "omission" in s 12(1)(d) has the meaning of something "left out" or "not there" irrespective of the cause of, and without the attribution of cause or fault or reason for, the omission - REAL PROPERTY - Powers of Court - s 138 - power of Court to order the Registrar-General to amend folios of the Register to reinstate the right of way - whether proceedings were proceedings for "recovery" of interest in land - whether certificate of title had not been or not likely to be produced - whether s 138(3) provides separate and independent source of authority for the Court to order the Registrar-General to correct the Register if the proceedings did not fall within s 138(1) or (2) - REAL PROPERTY - Powers of Court - ss 121, 122 - power of Court to review Registrar-General's decision and order the Registrar-General to amend folios of the Register to reinstate the right of way - s 121 - standing - whether Registrar-General's decision to expunge right of way was decision to have "dealing registered or recorded" - whether decision was decision to have certificate of title issued - whether decision was decision to have exercised or performed function or duty required to be performed by Registrar-General - REAL PROPERTY - Powers of Court - ss 121, 122 - power of Court to review Registrar-General's decision and order the Registrar-General to amend folios of the Register to reinstate the right of way - s 122 - whether s 122(1) confers jurisdiction to conduct merits-based review of the decision of Registrar-General - whether lapse of time removes Court's power to review - orders that the Court can make limited to orders that the Registrar-General "could, but for the order, have taken" - whether correction of removal of right of way was an order that the Registrar-General "could, but for the order, have taken" - where power conferred on the Registrar-General in terms that make it exercisable "upon such evidence as appears to the Registrar-General sufficient" - when Court is exercising a power of review under s 122, whether the corresponding precondition is that there be evidence that appears to the Court sufficient - whether coda to s 122(4) provides broader power than that contained in s 122(4)(b) - REAL PROPERTY - Indefeasibility of title - exceptions - "omission" of easement - effect of Dobbie v Davidson (1991) 23 NSWLR 625 - term "omission" in s 12(1)(d) has the meaning of something "left out" or "not there" irrespective of the cause of, and without the attribution of cause or fault or reason for, the omission - REAL PROPERTY - Easements - construction of grant of right of way and of attendant covenants - ESTOPPEL - Issue estoppel - where point not expressly decided in earlier decision but where point was necessary to the decision - parties cannot raise points necessary to the earlier decision if to raise them is necessarily to assert that earlier decision was erroneous -

LEGAL PROFESSION - solicitor convicted of serious offences of dishonesty - whether order should be made to remove solicitor's name from the Roll of Legal Practitioners - extent to which particulars of misconduct supported by evidence of the convictions

PROPORTIONATE LIABILITY - loan and mortgage transaction - fraudsters forged signatures of purported borrower/mortgagor - mortgage registered but lender's interest not indefeasible as security for loan amount - fraudsters liable to lender for fraud - lender's solicitors liable to lender for negligence in failing to word mortgage so as to be indefeasible as security for loan amount - whether solicitors concurrent wrongdoer together with fraudsters within Pt 4 of Civil Liability Act 2002 - whether fraudsters' acts or omissions caused the damage or loss the subject of lender's claim against solicitors - lender's claim a claim for economic loss - difference between damage and damages - identification of economic interest harmed - "mutual discharge test"- same loss not caused by respective wrongdoings- consideration of St George Bank Ltd v Quinerts Pty Ltd [2009] VSCA 245; (2009) 25 VR 666 - solicitors not concurrent wrongdoer.

CONTRACT - construction and interpretation of commercial lease - scope of the obligation of the lessees - no contractual obligation with respect to use of the common property PRACTICE AND PROCEDURE - procedural fairness - alleged failure of primary judge to deal with claims - adequacy of reasons - claims expressly rejected - insufficient evidence to support the claims TORTS - negligence - duty of care - lessee's liability - no evidence to support breach of duty of care - use of premises within permitted use specified in lease

EQUITY - Equitable interests in land - competing equitable interests - the plaintiff lent money under Deed of Acknowledgement of 28 January 2010 which gave him a right to lodge a caveat - on 15 October NAB after searching and finding no caveat lent $1.5 million, paid out previous first mortgagee Westpac, and took mortgage but delayed lodgment for registration until 7 December - plaintiff believed his borrower had arranged a caveat for him, found out on 6 October that he had not and lodged a caveat on 26 November - NAB found out about the caveat when it lodged mortgage for registration on 7 December and received a requisition requiring removal of the caveat - this was first notice to NAB of plaintiff's claim - each party delayed unreasonably but NAB's delay did not cause the plaintiffs difficulty - on review of facts and parties, NAB had the better equity - consideration of - whether agreement to permit lodgment of caveat impliedly creates equitable charge -operation of s43A Real Property Act.

REAL PROPERTY - where as part of their divorce settlement in the Family Court, the plaintiff (husband) and the first defendant (wife) were confirmed as tenants-in-common in equal shares of a unit and they were both named as owners on the certificate of title - where the first defendant sold the unit without the knowledge or consent of the plaintiff and forged the plaintiff's signature on the contract of sale, the transfer and two authorities which purported to authorise her to act on the plaintiff's behalf in relation to the sale and also to receive all of the net proceeds of sale - where the first defendant alleges an oral agreement whereby the plaintiff agreed to give her his half-interest in the unit in return for her relinquishing her alleged interest in another property and the first defendant also alleges that the sale occurred with the knowledge and consent of her ex-husband and that he authorised her to sign his name on the conveyance documents - issues of credit of witnesses - whether there was an agreement between the plaintiff and the first defendant that the plaintiff would pay money to the first defendant periodically in relation to a partnership business that they ran together which was subsequently run solely by the plaintiff - where the plaintiff also brings an action against the Registrar-General seeking compensation from the Torrens Assurance Fund for the loss of his interest in the unit NEGLIGENCE - where the plaintiff brings an action in negligence against the solicitor who handled the sale of the unit - where the plaintiff and the first defendant spoke Chinese but the solicitor did not - where the first defendant and the plaintiff were completely unknown to the solicitor - where the first defendant attended the solicitor's office twice with her cousin who was presented to the solicitor as her ex-husband - where the solicitor only took instructions from the first defendant and made no effort to ensure that the person he thought was her ex-husband understood the effect of those instructions - where the first defendant presented the signed contract of sale, transfer and two authorities to the solicitor on which the plaintiff's signature was forged by the first defendant - whether there was a duty on the part of the solicitor to seek photographic identification to ensure that his clients were who they said they were - checking that the certificate of title is not a forgery is not sufficient - CAUSATION - whether the solicitor's breaches of duty owed to the plaintiff as found caused the plaintiff's loss - whether a false attestation of the plaintiff's apparent signature on the transfer is a novus actus interveniens which breaks the chain of causation TORTS - conversion - whether the solicitor wrongfully converted property jointly owned by the plaintiff and the first defendant ie the certificate of title, and wrongly converted the cheques representing the proceeds of sale of the unit by acting on the forged authority given by the first defendant to him and giving those cheques to the first defendant alone

ASSOCIATIONS AND CLUBS - incorporated associations - members - parties agree hold elections for Executive Council of Association 0 interim orders required to regulate the affairs of the Association before elections held. PROCEDURE - Supreme Court procedure - appointment of referee.

LANDLORD AND TENANT - option for renewal - relief against loss of right to renew - operation of Conveyancing Act 1919 s 133F - factors relevant to court's discretion - effect of breach on relationship between lessor and lessee - loss of trust -relationship soured - relief refused

PROCEDURE - notice of motion - further application for stay sought in respect of Consumer Trader and Tenancy Tribunal decision - motion dismissed - plaintiff not to file or serve any applications in respect of Tribunal decision without prior leave - costs

PROCEDURE - application by plaintiff to reopen its case in reply - whether in the interests of justice - leave granted

CONTRACTS - guarantees - Inquiry and report on questions remitted by Court of Appeal on 24 April 2008 in [2007] NSWCA 169 - decision on facts

CRIMINAL LAW - murder - defence of mental illness - trial by Judge alone - expert psychiatric evidence that at the time of the fatal shooting the accused was acting under a schizophrenic delusion arising from long standing psychosis - not guilty by reason of mental illness

PROCEDURE - civil - interlocutory issues - discovery - whether documents in "control" of party giving discovery in circumstances when right of access granted by a unitholders agreement - party have access to documents of trust pursuant to unitholders agreement -meaning of "or any other reasonable purpose"

CORPORATIONS - application for costs of proceedings under s 1323 of the Corporations Act 2001 - asset preservation orders - whether ASIC should get costs where asset preservation orders obtained in aid of proceedings which are settled - each party bear own costs

PROCEDURE - discontinuance - leave to discontinue - costs on discontinuance - whether Defendant acted unreasonably - whether Plaintiff demonstrated reason to depart from r 42.19.

CRIMINAL LAW - perjury - pervert the course of justice - offender committed arson and associated offences on 7 December 2007 - offender lied to psychologist and in evidence about date of brother's death to get sympathy and falsified death notice. SENTENCING - Crown appeal against sentence - question of totality - sentences for perjury and pervert the course of justice made wholly concurrent with sentence for primary offences - complete concurrency for separate crimes may be appropriate -question is whether the overall sentence imposed reflects the criminality of the offences - sentencing judge did not err in making the sentences wholly concurrent where principle of totality satisfied and further punishment would be excessive.

CRIMINAL LAW - sentence appeal - sale and possession of unauthorised firearms - sale and possession offences relating to same firearms - 179 firearm offences included on a Form 1 attached to the possession charge - whether applicant sentenced on a correct factual basis - application of standard non-parole period legislation to offences - need to re-sentence applicant - principles applicable when sentencing for an offence to which Form 1 matters are attached - the requirement to sentence only for the primary offence - need to partially accumulate sentences.

CRIMINAL LAW - sentence appeal - plea of guilty to accessory and receiving charges - whether sentencing judge erred in failing to rule on defence objections to Statement of Facts - whether applicant sentenced upon facts which disclosed a more serious offence - no error disclosed.

CRIMINAL LAW - application for leave to appeal against sentence - importing heroin - complaints that sentencing judge gave undue weight to quantity of drug - status of Wong and Leung guidelines - other complaints concerning weight given to remorse, co-operation with authorities and rehabilitation - no question of principle

CRIMINAL LAW - applications for leave to appeal against sentence - applicants involved in supply of prohibited drug - relativity of sentences passed on each of them

CORPORATIONS - managed investment scheme - appeal from final injunction restraining unitholder in registered management investment scheme from voting for an extraordinary resolution to direct the winding up of the scheme pursuant to s 601NB of the Corporations Act 2001 (Cth) - construction of provisions of trust deed constituting scheme and unitholders' agreement - whether unitholder can by contract fetter or forgo right to vote at s 601NB meeting CONTRACTS - construction and interpretation - "intent and effect" of provisions - whether provision fettering exercise of right to vote unenforceable as contrary to Act or public policy

PRACTICE AND PROCEDURE - civil proceedings - claim for damages for breach of contract, common law deceit and under Trade Practices Act 1974 (Cth) and Fair Trading Act 1987 - Plaintiff dies whilst proceedings on foot - no application made to join party to replace deceased Plaintiff - application under Rule 6.31(2) Uniform Civil Procedure Rules 2005 for dismissal of proceedings unless joinder application made - order made

CIVIL PROCEDURE - application for extension of time to serve statement of claim - limitation period expired

REAL PROPERTY - Easements - Restrictive covenants - Validity of restriction permitting use for recreational and other purposes

PRACTICE AND PROCEDURE - Pleadings - Amendment of pleadings - Whether leave should be granted.

APPEAL - appeal against Local Court decision - s 39 Local Court Act 2007 - appeal limited to questions of law - grounds of appeal assert error in application of law concerning amendment of named party and refusal of application to set aside default judgment - no error of law identified - appeal dismissed with costs