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Practice & Procedure

Police powers and duties: incoherence and incompatibility; Summary dismissal

By robert / October 3, 2018 /

CIVIL PROCEDURE – summary disposal – dismissal of proceedings – primary judge summarily dismissed proceedings on basis that defendant did not owe plaintiffs a duty of care – where weight of current authority against existence of duty of care – where argument available that common law should be extended to recognise duty of care –…

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Commercial claims in the District Court: jurisdiction?

By robert / September 11, 2018 /
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Appealing against the exercise of a judicial discretion

By robert / May 31, 2018 /

Elzahed v State of New South Wales [2018] NSWCA 103 When a court is invited to make a discretionary decision, to which many factors may be relevant, it is incumbent on the party who contends on appeal that attention was not given to particular matters to demonstrate that the primary judge’s attention was drawn to…

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Contempt

By robert / March 30, 2018 /

CONTEMPT – contempt of court – improper pressure – interference with the administration of justice as a continuing process

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Apprehended bias

By robert / February 28, 2018 /

apprehended bias – whether comments and questions by sentencing judge during applicant’s trial, a co-offender’s trial, and sentencing hearings gave rise to reasonable apprehension of bias – application for recusal rejected – whether sentencing judgment should be set aside

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Professional liability, limitation periods and summary dismissal

By robert / December 5, 2017 /

(1)   The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…

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Assumptions made by experts – proof of the truth of statements made and objections

By robert / October 26, 2017 /

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Abuse of process

By robert / June 6, 2017 /

CGU Insurance Ltd v Watson [2007] NSWCA 301 at [40]: The Supreme Court has an inherent jurisdiction to prevent abuse of its procedures, and may stay or dismiss proceedings the bringing or continuance of which is an abuse of process. Even if principles of res judicata or Anshun estoppel do not apply, there may be…

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Behaviour at mediation attracting a costs order

By robert / April 28, 2017 /

COSTS – costs of an abortive mediation – where mediation was court ordered – where the plaintiffs did not attend the mediation – where the plaintiffs did not notify the defendants – costs awarded to the defendants

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Review of single appellate judge orders by full court

By robert / February 13, 2017 /

Supreme Court Act, 1970 46   Powers of Judge of Appeal (1)  A Judge of Appeal may exercise the powers of the Court of Appeal:        (a)  to give any judgment by consent or make any order by consent,        (b)  to dismiss an appeal or other proceedings for want of prosecution or for other…

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