Browse decisions Displaying 1 - 200 out of 125639 results

Catchwords:

DAMAGES – Assessment of damages for breach of contract pursuant to default judgment COSTS – Whether gross sum costs order appropriate

Catchwords:

CHILD WELFARE – adoption – whether adoption order is clearly preferable in best interests of the child – whether change of name should be approved – whether consent dispensation orders should be made against the birth parents – where birth mother does not oppose adoption – where birth father cannot be identified after reasonable inquiry – where child has lived with proposed adoptive parent since birth – where it is appropriate to dispense with the requirement for the birth parents’ consent – change of name to be approved – adoption orders to be made

Catchwords:

COSTS –special circumstances – prospect of success of appeal - no disentitling conduct

Catchwords:

SUCCESSION – Wills, Probate and Administration – Application to revoke grant of probate and to appoint an independent administrator – where consent orders previously made regarding sale of real property and distribution of proceeds – where property found to be contaminated with asbestos – where disputes between executors regarding steps to be taken as a result of contamination – where delay and lack of co-operation between executors – where administration of estate has effectively stalled – held: relief granted

Catchwords:

DUST DISEASES — Dust Diseases Tribunal — Jurisdiction and functions — consideration of Dust Diseases Tribunal Act 1989 s 11(4) — ancillary or related matter — whether a professional negligence claim is related to a s 11(1) claim for damages for dust diseases NEGLIGENCE — breach of statutory duty — Australian Solicitors Conduct Rules impose ethical duties on solicitors but do not give a private right of action to a client COSTS — where original Notice of Motion is doomed to fail but is amended to an appropriate form — indemnity costs to the date of amendment

Catchwords:

SUCCESSION – Rights of burial or cremation – Nature and purpose of Court’s inherent jurisdiction – Determination of claim by daughter of deceased to have carriage of the cremation of the body of the deceased, who passed away more than a year ago, over the objection of the deceased’s wife who wishes for the State Coroner to investigate the death of the deceased – Where State Coroner declined to exercise coronial jurisdiction in relation to the death of the deceased in July 2025 and no application has been made to the Court for an order under Chapter 7 of the Coroners Act 2009 (NSW) that an inquest be held concerning the death of the deceased

Catchwords:

APPEALS — appeal from a decision of the Local Court — where summons filed in the wrong court but within time — whether leave should be granted to appeal out of time APPEALS — appeal from decision to summarily dismiss amended statement of claim — where primary Judge ruled that proceedings were statute-barred — whether plaintiff was given adequate chance to consider defendant’s Limitation Act 1969 (NSW) argument APPEALS — appropriate relief — where amended statement of claim fails to properly identify cause of action — whether inadequacy a standalone reason for summary dismissal — whether plaintiff should be given further opportunity to plead the claim

Catchwords:

APPEALS — rectification suit — whether common intention contended for on appeal differed from common intention contended for at trial — whether evidence could have been led at trial to rebut common intention contended for on appeal CONTRACTS — rectification — intention — common intention — proof of common intention — where party to deed knew of concern of other party in relation to a risk — where evidence of communications between solicitors of parties to deed in relation to risk — whether clear and convincing proof of common intention — significance of solicitors being closely involved in drafting of the clause sought to be rectified — significance of failure to call plaintiff’s solicitor

Catchwords:

APPEAL –– construct and/or use a water supply work approval - amendment of approval – regulated application - conciliation conference – agreement between the parties – orders APPEAL – construct and/or use a water supply work and/or use water approval – amendment of approval – unregulated application - conciliation conference – agreement between the parties - orders

Catchwords:

APPEAL – Modification application – modification of condition imposed on the grant of consent – conciliation conference – agreement between the parties – orders

Catchwords:

DEVELOPMENT CONTROL ORDER APPEAL – conciliation conference – agreement between the parties - orders

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 – damage to dwelling roof, car, and lights due to falling deadwood – apprehension of further damage and risk of injury – failure of respondent to exercise duty of care – pruning and compensation ordered

Catchwords:

ADMINISTRATIVE LAW – occupational licensing – security licence – refusal to grant licence – whether applicant fit and proper person – whether contrary to public interest for applicant to hold a security licence

Catchwords:

DEVELOPMENT APPLICATION: semi-detached dwelling development in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders

Catchwords:

APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders

Catchwords:

Notice of Motion – vary orders

Catchwords:

PROFESSIONS AND TRADES – health care professional – nurse – whether unsatisfactory professional conduct established – whether professional misconduct established

Catchwords:

DEVELOPMENT APPEAL — residential development — conciliation conference — agreement between the parties — orders

Catchwords:

DEVELOPMENT APPLICATION — new dwelling —amended plans — conciliation conference — agreement between the parties — orders.

Catchwords:

TORTS — Private nuisance — damage to property caused by tree roots — tree situated on nature strip next to property — tallowwood tree TORTS — Private nuisance — whether nuisance was created or adopted — whether defendant had knowledge of nuisance before being notified of it — whether nuisance was foreseeable — where there is no evidence that damage to property had worsened between notification and abatement of a nuisance

Catchwords:

DEVELOPMENT APPLICATION — application for subdivision and associated works — impact on scenic and landscape qualities of Mulgoa Valley — consideration of building envelopes — appeal upheld

Catchwords:

CIVIL PROCEDURE – persons under legal incapacity – application to remove tutor – whether the plaintiff remains a “person under legal incapacity”

Catchwords:

CORPORATIONS – applicability of set-off provisions – how set-off provisions under s 553C of the Corporations Act 2001 (Cth) operate when an insolvent company is trustee – whether mutuality exists between partnerships and trustee company – where trustee company held debts on trust for benefit of unitholders – where partnerships could have had right of subrogation regarding trust assets – where claims do not sufficiently engage beneficiary unitholders – no mutuality – s 553C not engaged – orders to be made

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Application for variation of Contract Determination – Variations proposed to rates in accordance with agreed method of adjustment – Variation made

Catchwords:

LAND LAW — Strata title — Common property — Strata Schemes Management Act 2015 s 149 — Whether owners corporation had unreasonably refused to make a common property rights by-law LAND LAW — Strata title — Common property — Strata Schemes Management Act 2015 s 126 —Approval of alterations to common property — Submission of a by-law to a general meeting constitutes a sufficient request for approval

Catchwords:

COSTS — appeal from review panel — where review panel rejected grounds of review by reference to costs assessor’s determination — whether review panel misapprehended the nature and function of review — whether review panel approached review on the basis that it needed to find error with the costs assessor’s determination COSTS — appeal from review panel — whether fair and reasonable — duplication of billed work — relevance of solicitors’ professional obligations on reasonableness of costs

Catchwords:

Procedural orders – whether service of application to refer Respondent to Supreme Court to be dealt with for contempt should be dispensed with.

Catchwords:

COSTS — Party/Party — Specific court rules in relation to costs — Action which should have been brought in inferior court — No question of principle

Catchwords:

ADMINISTRATIVE LAW – administrative review - assessment – objection – review by Civil and Administrative Tribunal STATE TAXES – duties – exemption – deceased estate – transfer to beneficiary – valuation – life estate – personal right of residence

Catchwords:

APPEALS – PRACTICE AND PROCEDURE – whether appellant should be granted leave to appeal from Tribunal’s decision to dismiss appellant’s application to set aside summons – whether appellant has identified an issue of principle – whether relevance of categories of documents is to be determined in merits review proceedings by reference only to facts currently in dispute or whether relevance is to be assessed by reference to broader issues between the parties - whether appellant would suffer a substantial injustice if leave to appeal were refused

Catchwords:

CIVIL PROCEDURE – Court of Appeal – notice of motion seeking review of order of a single judge of appeal – whether appellants have identified an error of principle or how the decision is plainly wrong

Catchwords:

CRIMINAL LAW – trial by judge alone – whether in the ‘interests of justice’ for there to be trial by judge alone – consideration of relevant factors – apprehension of prejudice – legal and factual complexity EVIDENCE – offence of alleged fraud – alleged dishonest obtaining of property by any deception – first accused was former solicitor – first accused subject of subsisting disciplinary investigation – application to exclude evidence referring to or suggestive of professional misconduct – Crown case posits liability of co-accused on joint enterprise principles – relevance of conduct of solicitor before the ‘agreement’ was allegedly entered into – relevance of expert opinion evidence to practices and principles of a solicitor when acting for a deceased Estate – objection to impugned evidence on the ground that their probative value was outweighed by the danger of unfair prejudice

Catchwords:

CHILD WELFARE — Change of name — s 28 Births, Deaths and Marriages Registration Act 1995 (NSW) — Application by a mother to change the surnames of three children to her own name – Principles to be applied – Proper construction of s 28(4) of the Births, Deaths and Marriages Registration Act 1995 (NSW)

Catchwords:

CHILD WELFARE — Change of name — s 28 Births, Deaths and Marriages Registration Act 1995 (NSW) — Application by a mother to change the surnames of two children to her own name – Principles to be applied – Proper construction of s 28(4) of the Births, Deaths and Marriages Registration Act 1995 (NSW)

Catchwords:

CORPORATIONS – voluntary administration – whether Corporations Act 2001 (Cth) s 440B applies – whether notice under s 260‑5 of Schedule 1 to the Taxation Administration Act 1953 (Cth) creates security interest – whether passive receipt constitutes enforcement – statutory charge – no enforcement – power under s 447A to modify operation of Pt 5.3A – relief to be granted under s 447A

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Applications for new awards for nurses, midwives, and assistants in nursing — Finalisation of awards — Awards made

Catchwords:

Mental Health Fitness Hearing – Accused’s fitness to stand trial

Catchwords:

CIVIL PROCEDURE — Application to take evidence by video link — whether permissible under Chinese law — Held permissible to take evidence by video link from Hong Kong PRIVATE INTERNATIONAL LAW — Enforcement of judgment at common law — Judgment on loan agreement — Defence of fraud — Alleged sham document — Defence of fraud fails PRIVATE INTERNATIONAL LAW — Enforcement of judgment at common law — Judgment on loan agreement — Natural justice — Whether defendant had actual notice or due notice of foreign proceedings — Service effected through public service announcement under Chinese law — Authority cautioning against foreign modes of service not involving personal notification being sufficient notice — Defendant failed to prove absence of actual notice

Catchwords:

CRIMINAL LAW — work health and safety — offences — category 3 — mobile scaffolds blown from rooftop by high winds and fell onto glass roof of neighbouring building — failure to manage hazards and/or risks associated with scaffolds — director’s failure to exercise due diligence — failure to make enquires, provide supervision or conduct site inspections — mid-range of objective seriousness SENTENCING — relevant factors on sentence — objective seriousness — no aggravating factors — mitigating factors — remorse — plea of guilty — general deterrence — lack of capacity to pay a fine — s 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) — offender’s character — offender’s health — other matters proper to consider — offender’s ability to travel overseas

Catchwords:

OCCUPATIONS — Legal practitioners — Solicitors — Professional negligence — Where solicitor acted for client in special leave application and ultimately appeal to the High Court — Whether solicitor negligent in failing to advise client that appeal bound to fail — No question of principle OCCUPATIONS — Legal practitioners — Retainer — Whether solicitor should have acted for the client in matters outside the retainer agreement — No question of principle ESTOPPEL — Res judicata — Merger — Finality NEGLIGENCE — Damages — Exemplary, punitive and aggravated damages JUDGMENTS AND ORDERS — Declaratory relief — Where client seeks declarations that solicitor has breached various provisions of the Legal Profession Uniform Law (NSW) — Whether client has made out the basis for seeking declaratory relief — Whether any utility in making such declaration — No question of principle

Catchwords:

CRIME — Appeal and review — Appeal from Local Court to District Court — By person convicted against conviction

Catchwords:

WORKERS COMPENSATION — damages for personal injury — Workers Compensation Act 1987 (NSW) ss 151A and 151Z — past medical expenses excluded from damages against third party tortfeasor as no loss suffered by plaintiff — whether damages should be adjusted in accordance with the formula from Synergy Scaffolding Services Pty Ltd v Alelaimat [2023] NSWCA 213 — whether employer tortfeasor able to recover from third party tortfeasor under s 151Z WORKERS COMPENSATION — interest on damages against first defendant under Civil Liability Act 2002 (NSW) s 18 — whether plaintiff entitled to interest on damages against second defendant under Workers Compensation Act 1987 (NSW) s 151M — where plaintiff’s dishonesty prevented assessment of a reasonable offer TORTS — contribution between joint tortfeasors — must relate to the “same damage” COSTS — Uniform Civil Procedure Rules 2005 (NSW) r 42.34 — where plaintiff has obtained judgment less than $500,000

Catchwords:

EQUITY – Where plaintiff sought interim injunction prohibiting defendant from acting on its letter to the plaintiff terminating or purporting to terminate a Sub-Aggregator Agreement between the plaintiff (as Sub-Aggregator) and the defendant (as Aggregator) – Where plaintiff established serious questions to be tried – Consideration of balance of convenience – Interim injunction granted.

Catchwords:

HIGH RISK OFFENDER – final hearing – application for extended supervision order (ESO) – application for ESO is not opposed by the defendant – where the defendant had been subject to a previous ESO – where the defendant has a history of non-compliance with supervision – where there is a relationship between drug use and the risk posed by the defendant – where the court is satisfied that the defendant poses an unacceptable risk of committing a serious violence offence if not supervised – ESO granted

Catchwords:

ADMINISTRATIVE LAW – administrative review - silencer permit – whether necessary in the conduct of the applicant’s business

Catchwords:

DEVELOPMENT CONSENT – Building height – wall height – number of storeys – FSR – foreshore – desired future character

Catchwords:

HIGH RISK OFFENDER – revocation of extended supervision order – variation of extended supervision order – where risk profile remains unchanged – where defendant has spent significant time in custody due to breaches of extended supervision order – lack of stability in the community – conditions interfering with rehabilitation

Catchwords:

APPEAL – Modification Application – whether development substantially the same – Development Control Order – utility – orders

Catchwords:

PROFESSIONS AND TRADES – pharmacy – application for reinstatement

Catchwords:

OCCUPATIONS — Heath practitioners — Health Practitioner Regulation National Law (NSW) — application for re-instatement of registration — registration cancelled by NCAT — whether appropriate now for practitioner to be registered

Catchwords:

DEVELOPMENT APPEAL — meditation facility as community facility — dwelling house — conciliation conference — agreement between the parties — orders

Catchwords:

CRIME – Sentence – murder – wound with intent to cause grievous bodily harm – offences committed with the use of a knife – unplanned impulsive conduct – intention to inflict grievous bodily harm – where a plea of guilty to manslaughter was rejected – facilitation of the administration of justice – young Aboriginal offender – significant reduction in moral culpability

Catchwords:

CRIME — appeals — appeal against sentence — murder and wounding with intent to cause grievous bodily harm — whether the primary judge erred in the application of a 15% utilitarian discount instead of the statutory 25% discount

Catchwords:

SUCCESSION – Family Provision – Claims by adult children – Estrangement not absolute bar to the making of a family provision order – Respect nevertheless due to testamentary intentions of the deceased

Catchwords:

CONTRACTS – Construction – Master Franchise Agreement – Renewal clause of Master Franchise Agreement – Directors’ decision not to renew – Whether the requirements under agreement were satisfied CONTRACTS – Interpretation – Whether each of the directors formed an “honest and reasonable” opinion that renewal of the Master Franchise Agreement would not be in the best interests of sub-franchisees – Appropriate interpretation of “honest and reasonable” – Whether that opinion was the “substantial grounds” for deciding non-renewal – Where the contemporaneous record of meeting did not detail the reasons or decision-making process – Where report prepared by COO for the board meeting was considered by the directors – Where conduct of the master franchisee was in breach of the Master Franchpise Agreement CONTRACTS – Remedies – Damages – Calculation of damages for breach of contract – Relevant principles for determining damages for loss of a valuable commercial opportunity – Appropriate calculation of damages based on the parties’ competing expert evidence CIVIL PROCEDURE – Inappropriate provision of unrequested supplementary submissions

Catchwords:

DEFAMATION – practice and procedure – referral for early and separate determination of serious harm on judicial officer’s own motion

Catchwords:

CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where leave required under the Felons (Civil Proceedings) Act 1981 (NSW) – no issue of principle

Catchwords:

CIVIL PROCEDURE – summary disposal – judgment for plaintiff – where plaintiff seeks order for possession on an urgent basis pending settlement of contract for the sale of land – where defendants assert equitable interest – no issue of principle

Catchwords:

CIVIL PROCEDURE – hearings – adjournment – where defendant seeks adjournment of summary judgment application seeking possession of land – where land is subject to a contract for sale – looming settlement date – potential prejudice to rights of third parties if adjournment was granted

Catchwords:

TORTS – Negligence – Motor accident – Whether collision between pallet loading machines caused injury – Whether concession of permanent impairment greater than 10% for the purposes of s 4.11 Motor Accident Injuries Act 2017 (NSW) gives rise to issue estoppels – Assessment of damages – Determining nature and extent of injuries caused by collision in light of competing factual and medical evidence – Appropriate reduction of future economic loss having regard to pre-existing degenerative changes

Catchwords:

HIGH RISK OFFENDER – final hearing – serious violence offender – application for extended supervision order

Catchwords:

LOANS – whether single or multiple loans – where evidence goes beyond documents – Manzi v Smith distinguished – whether agreed contractual interest – whether payments appropriated to principal or interest EVIDENCE – credibility and reliability – whether signature authentic LIMITATION OF ACTIONS – whether payment confirmed cause of action – confirmed

Catchwords:

CONTRACTS – contract for sale of land – recission for innocent misrepresentation

Catchwords:

ADMINISTRATIVE LAW — Personal information — Accuracy of information — Request for amendment PROCEDURE — whether entitled to call Respondent for cross examination

Catchwords:

CRIMINAL PROCEDURE – application for leave to appeal from decision refusing to vacate trial – where applicant unrepresented due to his dismissal of three sets of counsel and solicitors before trial – where neither submitted nor shown that conduct of legal team was incompetent or otherwise warranted termination of services

Catchwords:

DEVELOPMENT APPEAL – residential development Lot 3 – orders DEVELOPMENT APPEAL – residential development Lot 2 – orders

Catchwords:

APPEALS — Appeal on question of law – Scope of question of law APPEALS — Leave to appeal — Principles governing – Leave to appeal refused APPEALS — Procedural fairness — Failure to give reasons - Reasons satisfy applicable standard APPEALS — Procedural fairness — Hearing rule – No failure LEASES AND TENANCIES — Retail leases — NSW Civil and Administrative Tribunal — Jurisdiction and power - Permitted use of the premises is “massage and beauty” - Whether the use of the premises is a prescribed business under the Retail Leases Act 1994 (NSW) – What is the predominant use of the premises

Catchwords:

COSTS — no question of principle

Catchwords:

CONTEMPT – consent orders agreed between neighbours for construction of new brick boundary fence not complied with by applicant – whether multiple non-compliances established to be contempt of court orders – whether orders pursuant to r 40.8 UCPR should be made – costs

Catchwords:

Appeals – Whether there was authority to commence legal proceedings – strata approval of works to an individual lot – different legal approval regimes – denial of procedural fairness – no error of law or other appellable error established.

Catchwords:

APPEAL — multi-dwelling housing — conciliation conference — agreement reached — orders made

Catchwords:

MODIFICATION APPLICATION – conciliation conference – agreement between the parties - orders

Catchwords:

CIVIL LAW – costs – high risk offender – where application for interim supervision order dismissed – where summons not dismissed and experts appointed – mixed outcome on preliminary hearing – identifying the “event” for the purpose of applying general rule as to costs – whether costs of preliminary hearing should be paid “forthwith”

Catchwords:

APPEALS — Appeal on question of law — Principles governing APPEALS — Leave to appeal — Principles governing — Leave to appeal refused BUILDING AND CONSTRUCTION — Home Building Act 1989 (NSW) — Statutory warranty — Claims by owner against builder — Whether owner is entitled to remedy against each builder who breached statutory warranties — Whether terms implied in building contract — Whether owner is entitled to damages for increased costs due to delay — Whether owner is entitled to damages for loss of rent due to delay

Catchwords:

DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders

Catchwords:

CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where leave required under the Felons (Civil Proceedings) Act 1981 (NSW) – expectation that affidavit will explain need to file statement of claim without accompanying application for leave

Catchwords:

CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where leave required under the Felons (Civil Proceedings) Act 1981 (NSW) – no issue of principle

Catchwords:

CIVIL PROCEDURE — Evidence by audio visual link — Where plaintiff applied for direction under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) to give evidence by audio visual link (AVL) from the Russian Federation — Applications dismissed by Local Court Magistrate on the basis of “no power” to do so — Parties agreed that Local Court erred in finding “no power” to permit plaintiff to appear via AVL — Local Court decisions set aside

Catchwords:

JUDGMENTS AND ORDERS – slip rule – whether earlier judgment should be varied to continue stay of order dismissing proceedings by way of enforcement of settlement agreement pending determination of new proceeding proposed to be commenced by plaintiff to set aside settlement agreement – whether limitation period expired in respect of causes of action in existing proceedings LEGAL PRACTITIONERS – solicitor’s lien over settlement funds – no question of principle COSTS – applications for gross sum costs orders – where costs assessment would be protracted and expensive - whether evidence provides a sufficient basis for the court to determine an appropriate sum fairly between the parties COSTS – application for indemnity costs – construction of indemnity clause in Deed of Release and Indemnity – whether court should exercise costs discretion in a manner that reflects successful party’s contractual right of indemnity FREEZING ORDERS – no question of principle

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal — Application 566 days late — Application not accepted

Catchwords:

CIVIL PROCEDURE — damages — calculation of future economic loss — disputed assumptions — amount of discount for vicissitudes

Catchwords:

STRATA TITLE — contracts — mixed-use building — strata management statement — building management committee — scope of authority delegated to strata manager — whether strata manager validly convened meetings — whether secretary could override strata manager — construction of strata management statement and agency agreement — declaratory relief — whether declarations retained practical utility — meetings and resolutions valid

Catchwords:

COSTS – partial success on appeal – significance of late offer of compromise – broad brush approach – partial costs order

Catchwords:

COSTS – interlocutory appeal from Local Court to Supreme Court – appeal allowed – whether proper basis to depart from usual rule – significance of respondent to motion offering additional security in this Court – significance of inflated costs asserted by application on motion

Catchwords:

CRIMINAL LAW — work health and safety — offences — category 2 — worker positioned forward of the Jumbo’s jacks — designated high-risk task — worker’s left arm entangled on the rotating drill steel — worker sustained serious injuries — common practice for workers not to use the boom immobilisation switches — poor implementation of safety procedures — deficiencies in training — no adequate supervision of work SENTENCING — relevant factors on sentence — objective seriousness — foreseeability of risk — safety systems and procedures were entirely dependent on worker compliance — systems routinely ignored by workers — aggravating factors — life-changing injury — mitigating factors — eight years since prior conviction — change in management resulted in overview of safety systems and processes — good character — remorse — acceptance of responsibility — plea of guilty — general deterrence

Catchwords:

COSTS – whether costs of unsuccessful application for leave to appeal from interlocutory decision of District Court should be ordered to be paid forthwith – where application for leave to appeal was misconceived and related to a discrete issue – order made

Catchwords:

APPEALS – competency – appeal from summary dismissal of claim – leave required APPEAL – leave to appeal – summary dismissal of claim – primary judge found proceedings to be abuse of process – application for leave to appeal – no issue of principle – no issue of public importance – no reasonably clear injustice – leave refused

Catchwords:

COSTS – security for costs – where appeal has reasonable prospects of success and raises an issue of public importance – excessive estimate of costs of appeal – where undertaking provided by director of appellant – no question of principle

Catchwords:

CRIME - appeals - appeal against conviction - jury returned guilty verdict on one count of sexual intercourse without consent - applicant and complainant gave evidence - contemporaneous complaint evidence - contemporaneous text messages between applicant and complainant - conceded incorrect statements by applicant in police interview - whether misconduct by police - whether misconduct by barrister appearing for applicant at trial - significance of failing to call flatmate present during some of the time complainant was in the flat - whether misconduct by prosecutor - significance of inconsistencies in complainant’s evidence - whether trial judge had directed jury correctly as to consent - whether jury’s verdict unreasonable - allowance given to unrepresented litigant concerning submissions after judgment reserved and allegations unsubstantiated in evidence - appeal dismissed

Catchwords:

NEGLIGENCE – breach – where respondent distributed refrigerators manufactured by parent company in South Korea – where model of refrigerator purchased by appellants was the subject of a voluntary recall after two instances of refrigerators catching fire – where refrigerator purchased by appellants caught fire – serial number of appellants’ refrigerator not included in list of affected refrigerators provided by parent company to the respondent – whether the respondent ought to have made inquiries of parent company concerning affected refrigerators – whether the primary judge erred in concluding that the respondent did not breach its duty of care and that factual causation was not established EVIDENCE – onus of proof – where respondent did not call evidence from parent company about how the parent would have responded to the inquiries contended for by appellants – whether evidence adduced by appellants sufficient to discharge their onus of proof

Catchwords:

APPEAL – District Court – severity of sentence – intentionally/ recklessly damage or destroy property – accessory before the fact – knowingly participate in criminal group, by directing activities of the group, knowing or being reckless as to whether the participation contributes to the occurrence of criminal activity – parity

Catchwords:

CORPORATIONS – winding up – insolvency – time limit of six months for determination of proceedings – whether the Court should extend period within which winding up application must be determined nunc pro tunc – whether slip rule applies

Catchwords:

SENTENCING – offences and penalties – failure to comply with court order – order to cause removal and disposal of asbestos waste – plea of guilty – non-compliance with court order due to impecuniosity – not intentional – no additional environmental harm proven – no practical measures to prevent harm beyond compliance with court order – no control to comply with court order due to impecuniosity – low objective seriousness – mitigating subjective factors – plea of guilty – limited means to pay fine – no order as to costs

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COSTS – gross sum costs order – application after proceedings summarily dismissed – no question of principle

Catchwords:

CIVIL PROCEDURE – variation of interlocutory orders – where previous hearing dealt with “liability issues” – where issue has arisen regarding scope of referral to a referee – whether scope issues are “liability issues”

Catchwords:

WATER ACCESS LICENCE – assignment of water – conciliation conference – agreement between the parties – orders

Catchwords:

CONTRACTS – variation – the assessment of evidence where a party to the alleged varied contract is deceased – onus of demonstrating variation upon the defendant – whether an oral variation of a contract was effective − whether fulfilling an existing obligation is sufficient consideration

Catchwords:

LICENSING – combat sports combatant registration – fit and proper person - public interest

Catchwords:

ADMINISTRATIVE LAW — Government Information (Public Access) — administrative review — reasonable searches — secrecy provision in other legislation — balancing competing public interest factors for and against disclosure — form of access — provision of alternative form of access

Catchwords:

COSTS – whether costs thrown away should be ordered payable after decision to allow vacation of hearing dates has been determined – each party to pay own costs

Catchwords:

CONTRACTS — sham — arrangement for the payment by the plaintiffs of Australian dollars to the second defendant in return for an equivalent payment by the second defendant to a nominee of the first plaintiff in China of Chinese Yuan — creation of facility, security and guarantee deed and an unregistered mortgage in Australia — creation of a loan contract, mortgage contract and mortgages in China — where those documents a sham — where common intention of parties to the sham documents to deceive third parties — identifying the true transaction — relief giving effect to the true transaction CONTRACTS — illegality — whether the true transaction made in furtherance of purpose frustrating the operation of the Proceeds of Crime Act 2002 (Cth) MORTGAGES AND SECURITIES — mortgages — equitable mortgage

Catchwords:

PRACTICE AND PROCEDURE – notices to produce – whether legitimate forensic purpose

Catchwords:

PRACTICE AND PROCEDURE – separate determination of questions – plaintiff’s application that questions of liability and damage be heard and determined separately and prior to questions of quantum – whether separate determination appropriate – where plaintiff makes claims under the Copyright Act 1968 (Cth) for alleged infringement of copyright, alleged misleading or deceptive conduct in contravention of the Australian Consumer Law and alleged passing off – where significant overlap of issues between the proposed first hearing and the proposed second hearing – where at least one witness would be likely to give evidence twice – where efficiencies of time and cost contended for by the plaintiff are likely illusory – application refused

Catchwords:

DEVELOPMENT APPLICATION – dual occupancy –amended plans – conciliation conference – agreement between the parties – orders.

Catchwords:

APPEAL – residential tenancy – whether time to file notice of appeal should be extended – whether appellant demonstrated error on a question of law or on any other ground

Catchwords:

ADMINISTRATIVE LAW – child protection – working with children check clearance – enabling order – applicant a disqualified person by reason of his conviction of a disqualifying offence – whether the applicant has discharged his onus to rebut the presumption that he poses a real and appreciable risk to the safety of children

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Catchwords:

APPEALS – Appeal from a termination and possession order for non-payment of rent - apprehended bias – failure to recuse – denial of procedural fairness – failure to consider evidence and mandatory provisions – failure to give adequate reasons – no error on a question of law established - costs

Catchwords:

MODIFICATION APPLICATION — conciliation conference — agreement between the parties — orders

Catchwords:

VALUATION APPEAL — land valuation — conciliation conference — agreement between the parties — orders

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Catchwords:

APPEAL — development control order — conciliation conference — agreement reached — order modified

Catchwords:

CONTRACTS — commercial lease — where fire originating on leased premises destroyed structures on leased and adjacent premises — proper construction of indemnity clause — whether causation in indemnity clause satisfied — whether reinstatement provision includes rebuilding not just repair — whether lease provisions imposing liability negatived implied covenant under s 84 of the Conveyancing Act 1919 (NSW)

Catchwords:

DEVELOPMENT APPLICATION- demolition of existing dwelling and construction of a co-living development – conciliation conference – amended plans and documents – agreement between the parties – orders made.

Catchwords:

CORPORATIONS – arrangements and reconstructions – scheme of arrangement – where demerger and scheme are inter-conditional – where demerger will not be implemented unless the scheme becomes effective – application under s 411 Corporations Act 2001 (Cth) for orders convening meeting of members to consider and, if thought fit, to agree to proposed scheme of arrangement – whether requirements to order scheme meeting satisfied – orders convening scheme meeting and ancillary orders made

Catchwords:

CRIME — bail —psychologist’s report — sch 7 to the Uniform Civil Procedure Rules 2005 (NSW) —conflict of interest — lack of independence — not treating psychologist — financial gain — report given limited weight

Catchwords:

JUDGMENTS AND ORDERS — application to set aside default judgment pursuant to Uniform Civil Procedure Rules 2005 (NSW) rr 36.15 or 36.16 — whether judgment was entered irregularly or against good faith — admissions made by defendant — exercise of discretion would be futile — not satisfied of a defence on the merits

Catchwords:

CIVIL PROCEDURE — Parties — Vexatious litigants — Leave to institute proceedings — Proceedings commenced in contravention of order and injunction of Supreme Court of NSW — Plaintiff experienced litigant in person — Proceedings dismissed

Catchwords:

COSTS — security for costs — third application for security — whether material change in circumstances since earlier applications — where no new material that could not reasonably been advanced earlier — relevance of arbitral award registered as judgment but stayed pending challenge — alleged concession on inability to pay judgment debt — increased costs assessment not separated between defence and cross-claim — security refused

Catchwords:

CRIMINAL LAW – trial procedure – application to discharge individual juror – where juror interacted with detective in charge of the case sitting in public gallery – conduct immediately after ballot to reduce jury numbers and as “verdict jury” invited to retire – interaction observed by counsel – counsel’s observation confirmed by in-court CCTV – a nod and a smile – where action required juror to turn 180 degrees to catch detective’s attention – reasonable apprehension of bias – application of might/might test – consideration of earlier authorities – decision to continue trial with reduced number of jurors – no risk of substantial miscarriage of justice

Catchwords:

COSTS — gross sum costs order — interlocutory cost orders — whether material enabled fair assessment of gross sum — requirement for logical, fair and reasonable basis for quantification — generic invoice narrations — insufficient explanation of allocation of costs to orders — motion dismissed

Catchwords:

DEFAMATION – practice and procedure – application for early determination of separate harm – where defendant seeks early determination of serious harm in relation to some, but not all, publications – permissibility of aggregation in establishing serious harm – considerations in granting or refusing such applications

Catchwords:

COSTS — Party/Party — Payable out of a fund — Deceased estate — No issue of principle

Catchwords:

Meaning of foreign person, enduring ties to Australia, concepts of fairness and justice in the Land Tax Act 1956

Catchwords:

BUILDING & CONSTRUCTION - appeal from interlocutory decision to refuse application to amend defence – leave refused

Catchwords:

COSTS – cost application by Applicant following findings of Respondent breaching information privacy principles – whether there are special circumstances warranting the making of a costs order

Catchwords:

ADMINISTRATIVE REVIEW – government information (public access) – conclusive presumption against disclosure – public interest considerations against disclosure - balancing the public interest

Catchwords:

APPEALS – question of law – denial of procedural fairness – failure of the Tribunal to inform an unrepresented litigant of their right to cross-examine the other parties’ expert

Catchwords:

Practice and procedure – Security for costs – Application for security for costs – whether third defendant’s conduct was causative of plaintiff’s impecuniosity – whether an order for security for costs would stultify the proceedings – approach to quantum where proceedings at an early stage and role of the third defendant in proceedings unclear

Catchwords:

CIVIL PROCEDURE — Parties — Persons under legal incapacity — Tutors — Whether tutor should be relieved from personal liability for costs

Catchwords:

CRIMINAL PROCEDURE — suppression and non-publication orders — whether satisfied that non-disclosure orders are in the interests of justice — non-disclosure orders made

Catchwords:

CORPORATIONS – receivership – application for judicial advice by receiver – receiver justified in proceeding on basis that financial reports truly and fairly record the financial position

Catchwords:

CORPORATIONS – Winding up – Liquidators – Application by liquidators to determine remuneration – Whether work performed by liquidators was necessary and was properly performed – Whether the cost of the work performed is proportional to the value of the services provided

Catchwords:

EQUITY — Trusts and trustees — Trust instruments — Trust powers — Plaintiff is trustee of a charitable trust and operator of a maritime museum — Principal property of the trust is collection of historically significant scientific instruments, navigational objects and other memorabilia related to maritime history — Trust deed prohibits loans of trust property — Plaintiff applies under s 81(1) Trustee Act 1925 (NSW) for order conferring power upon it to loan trust property to other museums — Trust deed prohibits removal of trust property from specified museum premises — Plaintiff applies under s 81(1) Trustee Act 1925 (NSW) for order conferring power upon it to relocate trust property within other parts of the building in which the trust property is housed — Whether proposed actions are transactions in the management and administration of trust fund — Whether proposed actions are expedient in relation to the management and administration of trust fund — Whether proposed actions cannot be effected by reason of absence of any power for that purpose — Consideration of whether express denial of power in trust deed constitutes an absence of power under s 81(1) Trustee Act 1925 (NSW)

Catchwords:

NEGLIGENCE – causation – medical negligence – where plaintiff alleges delayed diagnosis of syphilis – whether evidence sufficient to establish causation between breach of duty and harm suffered EVIDENCE – where defendants apply for judgment at close of plaintiff’s case – UCPR r 29.10 – “jury test” to be applied – whether plaintiff’s evidence taken at its highest could support a judgment

Catchwords:

SENTENCING — Manslaughter by unlawful and dangerous act — plea of guilty — substantial provocation

Catchwords:

CIVIL PROCEDURE — Discontinuance — Leave to discontinue proceedings under UCPR r 12.1(2) — long-running proceedings involving interlocutory injunctions — whether leave should be conditioned on compensation for loss caused by interlocutory orders — no undertaking as to damages originally given — compensation confined to proven loss referable to interlocutory injunctions and recoverable only on separate application — rejection of claim for “equitable damages” absent recognised cause of action COSTS — UCPR r 42.19 — prima facie entitlement of defendants to costs on discontinuance — whether indemnity costs warranted by alleged misconduct of plaintiff — no order as to costs except to extent previously dealt with.

Catchwords:

PROCEDURE – pleadings – application for leave to file amended statement of claim – self-represented plaintiff – proposed amended statement of claim not disclosing viable cause of action – whether leave to replead should be granted – held: leave refused – proceedings summarily dismissed CONSUMER LAW – misleading and deceptive conduct – unfair contract terms – contractual relationships between buyer, platform operator and payment processor – whether payment processor owed direct contractual or representational obligations to buyer – held: no viable cause of action against payment processor

Catchwords:

APPEALS — appeal from Local Court — whether Court has power to set aside Local Court judgment or order under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) — ss 39 and 40 of the Local Court Act 2007 (NSW) — errors of law established, including denial of procedural fairness — appeal upheld — challenged judgments and orders set aside

Catchwords:

CIVIL ENFORCEMENT — failure to comply with order given under the Local Government Act 1993 (NSW) to remove items on property — prohibited use of land — whether declarations should be made in the public interest in addition to enforcement orders — declarations and enforcement orders made

Catchwords:

OCCUPATIONS — application for approval as lay associate under s 121 of the Legal Profession Uniform Law (NSW) — whether NSW Civil and Administrative Tribunal (NCAT) has jurisdiction to determine application — whether applicant is a person who has been convicted of a serious offence — whether applicant’s criminal conviction is spent for purposes of s 121 of the Uniform Law — approval granted by NCAT subject to conditions — continuing non-disclosure orders made

Catchwords:

CIVIL ENFORCEMENT — interpretation of planning instruments — complying development — alleged inconsistency of planning instruments — telecommunications facility — heritage item — declaration of invalidity of complying development certificate

Catchwords:

VICTIMS SUPPORT – Administrative law – act of violence – sufficiency of evidence – whether medical evidence verifies injury

Catchwords:

STATUTORY INTERPRETATION – Legislative purpose – Strata Schemes Management Act 2015 (NSW) – nature of the Secretary’s function under ss 209 and 209A STATUTORY INTERPRETATION – Internal review – Strata Schemes Management Act 2015 (NSW) – nature of the reviewer’s function under s 213 ADMINISTRATIVE LAW – Jurisdictional error – whether decision-maker erred on numerous overlapping grounds – whether Secretary or reviewer required to weigh up competing evidence or make findings with precision as to estimated costs – finding that reviewer erred only in narrow respects – declaratory relief granted – Secretary’s delegate’s decision quashed and remitted to reviewer for redetermination according to law

Catchwords:

MEDICAL PRACTITIONERS – whether applicant should be granted extension of time to appeal decision of Medical Council – whether extending time to appeal would have any utility where applicant has pending appeal against later decision of Council – whether refusing to extend time to appeal could prejudice applicant

Catchwords:

APPEAL – development application – amending application – change of use to residential flat building – conciliation conference – agreement reached – orders made

Catchwords:

DEVELOPMENT APPEAL – tennis court - conciliation conference - agreement between the parties - orders

Catchwords:

NEGLIGENCE – recreational activities – competitive sailing – whether competitive sailing is a recreational activity – whether plaintiff was engaged in a dangerous recreational activity – where obvious risk of collision between yachts racing eventuated NEGLIGENCE – recreational activities –– where SailPass temporary membership obtained for plaintiff via QR code accessed on plaintiff’s behalf – whether risk warning and disclaimer of liability incorporated into SailPass and other documentation – whether plaintiff became party to a contract between Cronulla Sailing Club and other race participants NEGLIGENCE – assessment of damages

Catchwords:

ADMINISTRATIVE LAW — administrative review — access to information — whether legal professional privilege applies — dominant purpose — whether provision of information to Respondent by third parties waives privilege — whether information provided to Respondent by third parties in confidence — whether common interest privilege applies — whether considerations against disclosure apply — functions of the Respondent — considerations in favour of disclosure — passage of time — public interest test — whether document is in scope — whether scope is a reviewable decision

Catchwords:

DEVELOPMENT APPLICATION – alterations and additions to a service station – conciliation conference – agreement between the parties – orders

Catchwords:

VALUATION APPEAL – land valuation – conciliation conference – agreement between the parties – orders

Catchwords:

VALUATION APPEAL – land valuation – conciliation conference – agreement between the parties – orders

Catchwords:

APPEALS — leave to appeal — principles governing — obligation under lease to rectify flood damage — question of construction — points of principle identified — no reasonably clear injustice going beyond something that is merely arguable — costs grossly disproportionate to amounts in issue — special interest in finality where small sums at stake — leave to appeal refused

Catchwords:

DEVELOPMENT APPEAL – modification application roof digital advertising sign – change limited to dwell time - agreement between the parties - orders

Catchwords:

APPEALS – Leave to appeal – notation to orders not reasons nor reasoning – no error nor substantial injustice established – leave refused – appeal dismissed

Catchwords:

CIVIL – TORTS – NEGLIGENCE – OCCUPIER’S LIABILITY – Hotelier, Security Guards – P was injured at D1’s Hotel when she sought to assist a security guard who was being assaulted by another guest of the hotel (“POI”). D1 had an arrangement with D2 for it to provide security guards for its hotel. D2 supplied security guards who were employees of D3 but wearing D2’s uniform. Security guard being assaulted was an employee of D3. Hotel managers and security guards linked by radio. D1’s system required those on the radio link to listen for calls and respond promptly. Between Security Guard’s call for assistance and the assault there were 1min and 27 seconds. Slowest response time calculated by the Court was 17.3 seconds. If there were adequate response the guard who was assaulted could have been accompanied by one or more other guards. In those circumstances it was unlikely that P would need to come to his assistance. P unable to succeed against D1 as case not properly pleaded against it. P could not succeed against D2 as it was not vicariously liable for the negligence of D3’s employees. P proceeded against D1 and D2 but not against D3. P was 31 years old at time of injury to her right ankle (fractured). Graphic designer at time. Subsequently became a flight attendant. Damages assessed at $211,000.

Catchwords:

CRIME - SENTENCE - discharged firearm with intent to cause grievous bodily harm - possess a shortened firearm without being authorised - possess a pistol without being authorised.

Catchwords:

CRIME — appeals — appeal against conviction — judge alone trial — unreasonable verdict — where applicant found guilty of seven counts and acquitted of four counts — whether on all of the evidence it was open to the trial judge to be satisfied of the applicant’s guilt beyond reasonable doubt — where many of the trial judge’s findings of fact are contested — where there is an active challenge to a witness’s credibility — where there is a risk of contamination, inconsistencies and contradictory evidence EVIDENCE — Court invited to review recorded material — whether trial judge had an advantage in viewing recorded interviews — whether advantage capable of resolving doubt

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW – Contracts of Carriage - Application for variation of Contract Determinations to capture, amongst other things, “expansion contracts” as defined in the Industrial Relations Amendment (Transport Sector Gig Workers and Others) Act 2025 – concurrent proceedings in Fair Work Commission for employee-like worker minimum standard orders under s 536JZ of the Fair Work Act 2009 (Cth) – s 321A of the Industrial Relations Act 1996 (NSW) – meaning of “application”, “reasonable likelihood”, and “same” in s 321A(1)(b) of the Industrial Relations Act - adjournment of NSW proceedings ordered for a reasonable period

Catchwords:

CRIMINAL — Advance evidentiary rulings sought — whether proposed evidence relevant to the particulars of the charges — further issue of admissibility of records of interview — whether records of interview contain admissions as an exception to the hearsay rule

Catchwords:

PRACTICE AND PROCEDURE – notice of motion to set aside a notice to produce – apparent relevance – legitimate forensic purpose – gross sum costs order – whether costs of opposing party relevant to assessment of successful party’s costs – notice to produce set aside – plaintiff to pay costs

Catchwords:

COSTS – Preliminary discovery – where application for preliminary discovery resolved without need for contested hearing – where defendant sought costs based on alleged capitulation by plaintiffs – where plaintiffs sought costs based on alleged unreasonableness of defendant’s conduct – No order as to costs made

Catchwords:

APPEALS — Leave to appeal — Principles governing — Teacher who was medically retired — Unfair dismissal — Insufficient doubt to warrant reconsideration on appeal — Re-litigation of matters raised at first instance — Leave to appeal refused

Catchwords:

CRIME – where the offender drove a person away from the crime scene and organised for the car to be cleaned – assessing the objective seriousness of a contravention of s 315 of the Crimes Act 1900 (NSW) – where an offender has guarded prospects of rehabilitation – whether conditional bail amounted to quasi-custody – commencement of sentence backdated to accommodate time spent in pre-sentence custody

Catchwords:

EQUITY – equitable estoppel – claim for a constructive trust and other equitable relief – the plaintiff farms a property held in the name of his father and mother, the defendants – all three conducted a three-way farming partnership on the property – the son alleges that the father and the mother made representations to the son, or caused the son to assume, that the son would have the benefit of the property upon the father’s retirement from farming the properties, or alternatively upon the father’s death – the son claims he acted upon the representations to his detriment or that he acted upon assumptions the father induced him to hold – the son claims that the father and mother now hold the properties on constructive trust for him to make good either the promises made or the assumptions – whether the representations were made or the assumptions held – whether the father and mother were aware that the son was relying upon the representations, or was acting on the assumptions – whether the son suffered detriment as a result of the representations or the assumptions – whether it would be inequitable if the father and the mother did not make good the representations relied upon or the assumptions made by the son – whether the son’s claim is statute barred – whether any discretionary defences apply – what if any is the appropriate remedy and how should it be moulded.

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Interpretation — Dispute resolution — Whether refusal of request made by Technical Officer to be converted to the classification of Hospital Scientist was fair and reasonable in all the circumstances — Variation of Award pursuant to mechanism contained in the Award

Catchwords:

COSTS – costs inter partes – general rule that costs follow the event – competing interlocutory applications determined in plaintiff's favour – remaining claim in proceedings undetermined whether costs of entirety of proceedings should be determined – held: costs of entirety of proceedings not appropriate for determination prior to final disposition – interlocutory costs order made for competing applications only – costs to run from date applications foreshadowed to Court – order not assessable or enforceable until final disposition of proceedings COSTS – costs out of estate – executor seeking indemnity from estate on indemnity basis – identity of beneficiaries not yet determined pending separate probate proceedings – whether beneficiaries should have opportunity to be heard – held: no order at this stage; question of indemnity deferred until remaining proceedings completed

Catchwords:

CIVIL PROCEDURE – application for orders to allow testing and inspection of land per UCPR r 23.8 – identification of matters in question in the proceedings – to be determined having regard to pleadings and evidence on the Motion

Catchwords:

LICENSING – prohibited weapon permit - “silencer”- whether necessary for Applicant’s business

Catchwords:

DEVELOPMENT APPEAL — centre based child care facility — conciliation conference — agreement between the parties — orders

Catchwords:

ADMINISTRATIVE LAW – administrative review – Government Information – access – correct and preferable decision – public interest considerations against disclosure – public interest considerations in favour of disclosure – balancing exercise

Catchwords:

DEVELOPMENT APPLICATION – secondary dwelling – lot size – private open space – setbacks – character

Catchwords:

PRACTICE AND PROCDURE – summary dismissal of proceedings – whether complaint is misconceived or lacking in substance or the conduct alleged would not disclose a contravention. HUMAN RIGHTS – racial vilification – religious vilification.

Catchwords:

COSTS – special circumstances – exercise of discretion to award costs

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Catchwords:

DEVELOPMENT APPLICATION — residential apartment building development — in-fill affordable housing — cl 4.6 written request — height of buildings — floor space ratio — agreement between the parties — orders

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Catchwords:

CONSUMER LAW — False or misleading representations — Representations about goods or services CONSUMER LAW — Enforcement and remedies — Action for damages — Assessment of damages AGREEMENT – Breach COSTS — Gross sum costs orders

Catchwords:

COSTS — application for portion of costs to be awarded on an indemnity basis – application for gross sum costs order INTEREST – application for pre-judgment interest on judgment sum

Catchwords:

CIVIL PROCEDURE — Parties — Persons under legal incapacity — Where plaintiff presently lacks legal capacity — Proceedings stayed pending the appointment of a tutor or further order

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW – Police – review of order made under s 173 of the Police Act 1990 – disciplinary transfer

Catchwords:

APPEAL – question of law – no question of law identified by legal representatives – LEAVE to appeal – considerations – leave to appeal granted – failure by the Tribunal to engage with clearly articulated argument

Catchwords:

ADMINISTRATIVE LAW – Revenue – surcharge land tax − foreign person −absence from Australia – use and occupation – principal place of residence – need for physical presence – exemption based on residence requirement – discretion where exceptional circumstances − brief absence – how measured

Catchwords:

APPEAL – COSTS – rr 38 and 38A of the Civil and Administrative Tribunal Rules 2014 – costs follow the event – effect of Calderbank letter

Catchwords:

Sentence – Sexual Intercourse Without Consent – historical sexual offending - Offending in 1991 – offender recently arrested – DNA match – Whether sentencing practices at time of offending or time of sentence should apply – serious examples of Sexual Assault.

Catchwords:

SENTENCING – murder – offender set fire to his mother’s house – he then poured petrol onto his mother and set her alight – assault occasioning actual bodily harm of a young person present – moral culpability – personality disorder born of childhood emotional and physical abuse – post traumatic stress disorder – role of personality disorder as a contributor to exaggerated anger and sense of grievance – some reduction in moral culpability – separate and distinct from “Bugmy” factors – self medicating with cannabis to manage symptoms – substance abuse disorder

Catchwords:

APPEAL – Residential development application - conciliation conference – agreement between the parties - orders

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — whether tree has caused damage — orders for tree removal and replacing damaged section of boundary wall

Catchwords:

DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders

Catchwords:

OCCUPATIONS – legal practitioners – solicitors – misconduct and discipline – disciplinary proceedings – whether conduct amounts to unsatisfactory professional conduct or professional misconduct.

Catchwords:

DEVELOPMENT APPLICATION – demolition and construction of multi-unit housing – conciliation conference – amended plans and documents – agreement between the parties – orders made.

Catchwords:

APPEAL – development application – subdivision of land – conciliation conference – agreement reached – orders made

Catchwords:

MODIFICATION APPLICATION DIRECT TO THE COURT – modification to conditions of consent - conciliation conference – agreement between the parties - orders

Catchwords:

ADMINISTRATIVE LAW – victim of crime – recognition payment – settlement of civil claim – no entitlement to recognition payment where the subject matter of a civil claim and recognition payment overlap – s43(7) Victims Rights and Support Act 2013 does not give the Commissioner the power to undertake a merits review after serving a notice approving a recognition payment

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – whether neighbouring trees have damaged the applicant’s property – whether trees are likely to cause damage or injury NOTICE OF MOTION – motion for dismissal pursuant to rr 13.4 and 14.28 of the UCPR – res judicata – issue estoppel – Anshun estoppel – whether proceedings frivolous and vexatious – whether no reasonable cause of action disclosed

Catchwords:

APPEAL — development application — conditions finalised

Catchwords:

DEVELOPMENT APPLICATION — residential apartment development — residential flat building in R4 High Density Residential zone — affordable housing — objectives of the Apartment Design Guide are considered — easement for stormwater — owners consent

Catchwords:

CIVIL PROCEDURE — Medical examinations — Whether examination should be ordered — No issue of principle

Catchwords:

MENTAL HEALTH — Criminal proceedings — Special hearing — Long unsatisfactory process of determining fitness to stand trial — Defendant in custody for two and a half years awaiting trial — Result is Defendant found to have committed offences and released immediately pursuant to s 10A EVIDENCE — Exclusion of evidence — Criminal proceedings — Ballistics Report served a week before trial in breach of mandatory pre-trial disclosure — No explanation for delay — Significant unfair prejudice to Defendant — Report excluded