NSWCA

Catchwords: COSTS – payment out of security for costs – whether entitlement to security established – whether special costs order should be made – gross sum costs order – proportionality of costs

Catchwords: APPEALS — application for leave to appeal — where proceedings stayed until payment of costs of earlier proceedings raising same claims of wrongdoing — where primary judge held it was an abuse of process to pursue current proceedings for so long as costs orders remained unsatisfied — no issue of principle, question of public

Catchwords: APPEALS – Leave to appeal – whether primary judge erred by failing to address claims for the cost of repairs and interest – primary judge erred in failing to address each claim – claim for the cost of repairs faces basic problems – small quantum in dispute –failure to apply to the primary judge

Catchwords: APPEALS — application for leave to appeal — interlocutory injunction pending appeal — where primary judge dismissed application to set aside default judgment — where mortgagee seeks to exercise power of sale pursuant to default judgment — whether arguable case on appeal — balance of convenience — undertaking as to damages of little value

Catchwords: ENVIRONMENT AND PLANNING – development consents to carry out different developments on rural land – construction of consents – nature and extent of developments approved – leave to adduce further evidence to construe a consent – carrying out of development in breach of consents – injunctions to restrain breach of consents – how conditions

Catchwords: CIVIL PROCEDURE — Court of Appeal — Application for leave to appeal — Leave to appeal from summary dismissal of applicant’s amended summons refused — No question of principle

Catchwords: JUDICIAL REVIEW – jurisdictional error – District Court – prisoner returned to custody after High Court allows appeal and reinstates conviction and sentence – prisoner granted bail after Court of Criminal Appeal allowed appeal and ordered retrial – whether time on bail counts towards sentence – nature of grant of bail – whether District

Catchwords: NEGLIGENCE — Duty of care — Reasonable foreseeability — Foreseeability of harm — whether reasonably foreseeable that respondent would suffer psychiatric injury from watching documentary

Catchwords: ABORIGINAL LAND RIGHTS – “claimable Crown lands” – whether land is – whether land is “the subject of” an application for native title determination under Commonwealth Native Title Act – native title determination applications that must not be made – land on which previous exclusive possession act done – such act includes grant or

Catchwords: APPEALS — Application for leave — Principles governing — need to establish a reasonably clear injustice beyond that which was merely arguable — where primary judge ordered permanent stay of proceedings — whether arguable case that promise not to sue other than in the Court of Arbitration for Sport applied to application for preliminary

Catchwords: TORTS – nuisance – private nuisance – plaintiffs’ properties affected by rupture of defendant’s water main – level of generality at which to identify purpose of use – whether purpose of use common and ordinary – whether rupture of water main was caused by a latent defect – whether defendant established that its uses

Catchwords: APPEALS — from finding of fact — contracts — whether primary judge erred in finding existence of three wholly oral loan agreements — whether primary judge erred in finding loans were due and repayable on sale of a property — whether primary judge erred in failing to find allegation that loans were due and

Catchwords: APPEAL — expedited application for leave to appeal orders entering default judgment for possession — orders dismissing notice of motion — no reasonably clear error going beyond the merely arguable shown — no issue of principle or question of public importance identified

Catchwords: COSTS – costs assessment – determination – review/appeal – application for judicial review of District Court on appeal against decision of review panel under s 89 of the Legal Profession Uniform Law Application Act 2014 (NSW) – where District Court is to have “all the functions of the review panel” – District Court required

Catchwords: APPEAL – from findings of fact – challenge to trial judge’s finding as to nature of information required by local council – appellant bore burden of demonstrating that finding was wrong – burden not discharged LEASES AND TENANCIES – default and termination – commercial lease – express right to terminate if occupation certificate not

Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Application — s 20 of Terrorism (High Risk Offenders) Act 2017 (NSW) required subject of application to be “eligible offender” — respondent eligible offender at time of application — successful severity appeal in District Court resulted in respondent no longer being eligible offender at time application

Catchwords: RESTITUTION — quantum meruit — fair and reasonable remuneration for services rendered — contract term void for unfairness — where services rendered pursuant to void term — where legislative policy prohibits inclusion of unfair terms in standard form contracts — whether legislative policy stultified by permitting quantum meruit claim RESTITUTION — quantum meruit —

Catchwords: CIVIL PROCEDURE — application for orders restricting access to court files without notice — where applicant is party to unrelated proceedings — where cross-examination of applicant in unrelated proceedings about matters the subject of proceedings in the District Court and Court of Appeal could pose risk to applicant’s right to silence and privilege against

Catchwords: CIVIL PROCEDURE — Hearings — Adjournment —Where primary judge made observations about lawfulness of access to a computer system by a witness called by the appellants and the implications for the appellants’ legal representatives in adducing that evidence — After taking advice counsel acting for appellants withdrew from proceedings and foreshadowed an application to

Catchwords: PROCEDURE – Security – Money paid into court to secure undertaking to pay costs of administration extended by way of interlocutory relief pending appeal – appeal dismissed – whether applicant has established entitlement to security

Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – second application to set aside orders under UCPR r 36.16 – no proper basis established – application clearly an abuse of process

Catchwords: ADMINISTRATIVE LAW — Jurisdictional error — where principal member of the Civil and Administrative Tribunal purported, sitting alone, to set aside decision of fully constituted Tribunal — whether a single member could set aside a “stage 1” decision in proceedings in the Occupational Division of the Tribunal on the basis that the decision to

Catchwords: COSTS – whether costs should follow the event – minor success by appellant – whether obtaining grant of leave for some grounds in concurrent hearing warrants departure from usual rule – late amendment to advance ground on which appellants succeeded – no proper basis to depart from usual rule

Catchwords: APPEALS — Procedure — Stay pending appeal — Stay of primary judge’s orders winding up Co-operative, appointing liquidators and awarding costs — Appeal grounds weak — Delay in seeking stay — Balance of convenience favours respondents — Stay refused

Catchwords: OCCUPATIONS — legal practitioners — solicitors — misconduct and discipline — where Tribunal found unsatisfactory professional conduct — where solicitor attributed statements to a judge in letter to costs assessor — where letter was prepared without transcript or contemporaneous note — where letter seriously departed from exchange recorded in transcript — whether conduct fell

Catchwords: PROFESSIONS AND TRADES – medical practitioner – breach of conditions of registration – findings of professional misconduct and unsatisfactory professional conduct – condition “not to administer any conscious sedation (by any route)” – whether intramuscular administration of fentanyl contravened condition – whether subsequent guidance relevant to construction of condition – whether necessary for HCCC

Catchwords: COSTS – general rule that costs follow the event – where common ground costs should follow the event – where appellant’s motion dismissed – indemnity costs – whether appellant should pay costs on an indemnity basis – whether appellant should have known application for injunctive relief had no chance of success

Catchwords: APPEALS — procedure — application to adduce further evidence on appeal – where application involves questions concerning nature of the appeal –not appropriate for a single judge of appeal to determine – not appropriate to determine as a preliminary issue – stood over to hearing of appeal CIVIL PROCEDURE – subpoenas – leave to

Catchwords: APPEALS — Procedural fairness — argument raised on appeal not pleaded or argued below — prejudice to respondent — where steps may have been taken at first instance had argument been raised below — new argument not permitted to be raised on appeal EQUITY — Breach of fiduciary duty — application of first limb

Catchwords: APPEALS — leave to appeal — interlocutory decisions — leave to appeal refused CIVIL PROCEDURE — withdrawal of concession — whether leave should be granted to withdraw the concessions made by the applicant’s senior counsel before the primary judge — whether in the interests of justice to grant leave to withdraw the concession CIVIL

Catchwords: COSTS – respondent awarded costs of appeal – failure of appellant to negotiate costs – application made for gross sum costs order – no dispute as to quantum of gross sum – order appropriate in the circumstances COSTS – costs of the application – costs should follow the event – costs reasonably incurred including

Catchwords: BANKING AND FINANCE – banker and customer – contract – power to close account immediately in certain circumstances, including “to protect our Legitimate Interests” – grammatical error in standard terms – whether bank had to establish that it was “necessary” to protect its Legitimate Interests – whether contract should be construed with least violence

Catchwords: CIVIL PROCEDURE – security for costs – threshold question – whether primary judge prohibited from taking into account unpaid judgment obtained under Building and Construction Industry Security of Payment Act 1999 (NSW) – s 32(2) not concerned with the procedural conduct of civil proceedings under a construction contract but with their substantive outcome –

Catchwords: APPEALS – application for leave to appeal against refusal to grant interlocutory injunction restraining sale of residential property by mortgagor – where interlocutory injunction also sought on appeal – where appeal has poor prospects of success and damages likely to be an adequate remedy – interlocutory injunction refused

Catchwords: APPEALS — Leave to appeal — whether the primary judge erred in any finding of fact — whether the primary judge erred in drawing a conclusion that the applicants were the relevant cause of the property damage complained of — no error in the primary judge’s fact finding or conclusions — leave to appeal

Catchwords: COSTS — Party/Party — General rule that costs follow the event — late amendment

Catchwords: INSURANCE – liability insurance – contractor’s pollution legal liability policy – claim by contractor for indemnity for costs incurred in dealing with asbestos-contaminated soil during excavation works – where costs said to be incurred as a result of the dispersal of asbestos fibres into the air – where claimed costs incurred in satisfaction of

Catchwords: DAMAGES — exemplary damages — whether trial judge erred in awarding exemplary damages — basis for award of exemplary damages — whether Harman obligation was breached by provision of CCTV footage to media — whether conduct of civil proceedings formed appropriate basis for award of exemplary damages TORTS — intentional torts — assault and

Catchwords: CRIME — Confiscations — Forfeiture orders — Substituted serious crime use property declarations — Proper construction of “used in, or in connection with”, in s 9B(1) of Criminal Assets Recovery Act 1990 (NSW) — Whether primary judge erred in finding that there was no sufficiently realistic possibility or probability that methylamphetamine had been smoked

Catchwords: CIVIL PROCEDURE – application for pro bono referral – where pro bono assistance previously granted for advice – whether special reasons demonstrated – whether further referral in the interests of justice – referral confined to the provision of advice in relation to merits of appeal

Catchwords: COSTS – applicant’s motion seeking appointment of tutor dismissed – whether respondents should pay applicant’s costs – whether there should be no order for cost – whether applicant should pay respondents’ costs on indemnity basis – no reason to depart from default position that applicant pay respondents’ costs

Catchwords: CONTRACTS — construction and interpretation — where wholly written contract — dispute as to identity of party to contract — effect of Home Building Act 1989 (NSW), circumstances of execution of contract and post-contractual conduct CORPORATIONS — whether primary judge erred in finding that the company was insolvent EQUITY — equitable charges and liens

Catchwords: LOCAL GOVERNMENT – roads – right of access between public road and adjoining private land –discussion of right of access at common law and under s 6 of the Roads Act 1993 (NSW) – distinction between private right of access and public right to use public road – whether appellant’s private right of access

Catchwords: APPEALS — Leave to appeal — application for leave to appeal — no error of law identified — no issue of principle or question of public importance identified

Catchwords: CIVIL PROCEDURE – registrars – review of registrar’s decision – application by non-party to set aside orders refusing filing of notice of motion and dismissing proceeding as incompetent – applicant sought substitution for deregistered corporation in application for leave to appeal against winding-up order – whether interests of justice favour intervention – no utility

Catchwords: CIVIL PROCEDURE – injunctive relief pending appeal – where appellant seeks to restrain sale of shares pending determination of the appeal – whether appeal is reasonably arguable – whether balance of convenience favours the appellant – whether undertaking as to damages is inadequate – whether appellant elects to give an adequate undertaking

Catchwords: CIVIL PROCEDURE — Court of Appeal — stay of proceedings — stay pending application for special leave to appeal to High Court — assessing prospects of obtaining special leave impressionistic exercise — unanimity of opinion of decision-makers and doctors relevant to prospects — balance of convenience weighed overwhelmingly against granting stay where patient’s conditions

Catchwords: CORPORATIONS – winding up – voidable transactions – uncommercial transactions – statutory defence under s 588FG(2) of the Corporations Act 2001 (Cth) – good faith – reasonable grounds for suspecting insolvency – subjective and objective elements of s 588FG(2)(b) – whether appellant established statutory defence – relevance of inquiries concerning purchaser’s financial capacity CORPORATIONS

Catchwords: CONSTITUTIONAL LAW – judicial power of Commonwealth – where cl 94 of Crimes (Administration of Sentences) Regulation 2014 requires visitors to extreme high risk restricted inmates to undergo criminal record checks – whether provision is an illegal fetter on a right to legal representation said to be derived from Chapter III of the Constitution

Catchwords: WORKERS COMPENSATION – coal miners – claim for weekly payments, expenses and compensation for permanent impairment – where primary judge failed to address the question whether the appellant sustained an “injury” within the meaning of the Workers Compensation Act 1987 (NSW) as applicable to coal miners – error in point of law established WORKERS

Catchwords: COSTS — costs of proceedings at first instance — where appellant successful — where primary contention advanced on appeal the same as that at first instance — whether apportionment of costs appropriate — where general rule applied

Catchwords: ADMINISTRATIVE LAW – judicial review – Minister’s appointment of an administrator to Local Aboriginal Land Council – appeal grounds of illegality, irrationality and procedural impropriety – appeal against decision to remove Local Aboriginal Land Council as party to proceedings – constitutional challenge requiring s 78B notice

Catchwords: ENVIRONMENT AND PLANNING – modification of development consent – only some modifications acceptable or agreed – decision to refuse modification application instead of approve in part – whether duty to determine matter completely and finally – terms of remitter order – whether outside power

Catchwords: MENTAL HEALTH – Treatment – Electroconvulsive therapy – involuntary inpatient diagnosed with treatment resistant schizophrenia – ECT determination sought by medical team without patient’s consent – ECT treatment authorised by Tribunal and Supreme Court on appeal – construction and application of s 96(3) of the Mental Health Act 2007 (NSW) – treatment reasonable and

Catchwords: TORTS — misfeasance in public office — elements — public power and meaning of public duty — not necessary to establish tort that there be duty to exercise power, although presence of such duty important in cases involving conduct by omission — not necessary to establish that public officer owed a duty not to

Catchwords: CIVIL PROCEDURE — Interim preservation — Freezing orders — where owners’ corporation sought to restrain developer from selling its only substantial assets without notice — where developer sought to use proceeds of sale of assets to repay debt incurred from related parties to fund development — where developer granted security over assets to related

Catchwords: APPEALS — Application for leave to appeal — application filed out of time — claims for trespass to land and goods — application to stay first instance proceedings refused — claim for trespass to land established — nominal damages awarded — claims otherwise refused — indemnity costs ordered on gross sum basis — monetary

Catchwords: BUILDING AND CONSTRUCTION — Adjudication Review Application under the Building and Construction Industry (Security of Payment) Act 2021 (WA) — requirement under s 42(3) of that Act for an applicant making an adjudication review application to give a copy of that application to the other party within one business day after the application is

Catchwords: CONTRACT — construction of oral contract — identification of parties to loan contract — whether post-contractual documents constituted admissions as to the identity of the borrower — whether the primary judge mischaracterised reconciliation document — whether the Court was better placed to assess the identity of the borrower

Catchwords: COSTS – apportionment – representative proceedings – two representative plaintiffs successful, two unsuccessful – costs incurred in relation to successful and unsuccessful claims – whether partial costs order appropriate – whether departure from principle in ordering partial costs order – whether evidentiary basis for partial costs order

Catchwords: CONTRACTS – Construction – calculation of damages pursuant to Court’s earlier determination of liability – calculation of pre and post judgment interest CIVIL PROCEDURE – Court of Appeal – submissions did not comply with page limit and used impermissibly small font CIVIL PROCEDURE – Court of Appeal – Costs orders – costs awarded in

Catchwords: CIVIL PROCEDURE – amendment – where appellant sought leave at conclusion of trial to add a claim not previously pleaded – where request made on the day after trial for consent orders giving leave to amend – where request to make the consent orders was refused by primary judge without hearing further from the

Catchwords: CIVIL PROCEDURE – Subpoenas – Leave to issue subpoena to give evidence – Legitimate forensic purpose – Apprehended bias – Conflict of interest – Statutory decision maker – Member declaring conflict but not participating in decision – Subpoena seeking evidence as to nature of conflict – Leave refused

Catchwords: CIVIL PROCEDURE – subpoenas – to produce documents or things – leave to issue subpoena – self-represented litigant – legitimate forensic purpose – proposed subpoena seeking documents concerning alleged transcript amendment and correction history – application for leave to appeal – whether documents relevant to issues to be determined on appeal – subpoena not

Catchwords: ENVIRONMENT AND PLANNING – Consent – Appeal – three lots used historically as single residential landholding – lots sold to different purchasers – development application submitted for new dwelling on one lot – purchaser of other lot objected on basis of overshadowing impact – development consent granted – judicial review sought by objector –

Catchwords: COSTS — enforcement and recognition of foreign judgment — where appellant unsuccessfully sought declaration that service not validly effected — where enforcement proceedings commenced while appeal from foreign judgment on foot — where foreign judgment reversed on appeal — whether costs should follow the event — whether costs should be costs in the cause

Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – decision of Industrial Relations Commission allowing appeal from decision of Commissioner to reinstate a police officer – nature of jurisdictional error – whether Full Bench denied applicant procedural fairness by determining appeal in accordance with s 181F of Police Act 1990 (NSW) – where parties

Catchwords: TAXES AND DUTIES – payroll tax – whether contracts for the provision of cleaning services are employment agency contracts – whether services provided “in and for” the client’s business –consideration of significance of degree to which the client controls the way in which the activities are performed by the service provider – appeal dismissed

Catchwords: CORPORATIONS — directors — whether company obliged under director’s deed or constitution to indemnify former director for legal costs in defending proceedings alleging he had breached his duties as director and in related proceedings — where primary judge held that director entitled under cl 3.1 of director’s deed to be paid his costs of

Catchwords: NEGLIGENCE — occupier’s liability — breach — risk of harm — similar risk — easily toppled table injured girl in cafe at leisure centre — whether risk of harm not insignificant — nature of other risks of harm which presented similar risks — whether reasonable occupier would have taken steps to fix or remove

Catchwords: NEGLIGENCE – liability of landlord of commercial premises – second respondent operated petrol station from premises licensed from appellant –second respondent sub-licensed part of the premises including a mechanic’s workshop to the first respondent’s employer – first respondent injured in the course of his employment – unsafe system of work for removing waste oil

Catchwords: JUDGMENTS AND ORDERS — amending, varying and setting aside — application to set aside orders under UCPR, r 36.16 — no proper basis established

Catchwords: ADMINISTRATIVE LAW — construction of reasons — functions and powers — whether appointment of administrator fell within the ambit of functions — whether the appointment of administrator was required to fall within the ambit of functions — definition of “horse racing” within the Thoroughbred Racing Act 1996 (NSW) ADMINISTRATIVE LAW — judicial review —

Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — No issue of principle

Catchwords: CIVIL PROCEDURE — Court of Appeal — Supervisory jurisdiction — Stay of District Court orders — No issue of principle

Catchwords: COSTS – appeal and notice of contention raising many points – appeal dismissed principally on basis of amended notice of contention raised on second day of hearing – respondent had hitherto accepted belatedly challenged aspect of reasons of trial judge – other grounds advanced by respondent failed – common ground that Court should depart

Catchwords: INTERNATIONAL ARBITRATION — arbitration agreement — stay of proceedings under s 7(2) of International Arbitration Act 1974 (Cth) — whether proceedings involved “matter[s]…capable of settlement by arbitration” — meaning of “matter” as distinct from “proceedings” — arbitrability — where bad faith defence was part of the same “matter” as claim — where cross-claim was

Catchwords: APPEALS — leave to appeal — principles governing — whether reasonably clear injustice rising above merely arguable — where dispute is a factual matter of practice and procedure — where orders of primary judge were as to costs only COSTS — party/party — court’s discretion — where primary judge made interlocutory order that the

Catchwords: PROCEDURE — application for stay of orders pending appeal — where expedition of appeal ordered — where freezing orders in place — where balance of convenience favoured stay of order

Catchwords: PROCEDURE — stay pending application for leave to appeal — where undertaking offered to applicant by respondents — where respondents confirmed undertaking still offered to Court — where applicant indicated content for Court to make orders dismissing application for a stay and listing application for leave to appeal and appeal for expedited concurrent hearing

Catchwords: CONTRACTS – construction – whether monthly interest under short-term interest-only loans payable in advance or in arrears – whether provisions relating to payment of interest void for uncertainty – where drafting of provisions unsatisfactory but the intention of the parties is discernible from the loan agreements as a whole

Catchwords: BUILDING AND CONSTRUCTION – residential building contract – builder issues payment claim under Building and Construction Industry Security of Payment Act 1999 (NSW) for works at lock up stage – builder proceeds to adjudication and registers adjudication certificate as a judgment – where owners commence proceedings following dispute about termination of the contract –

Catchwords: APPEALS — stay pending appeal — where primary judge ordered indefinite committal of contemnor — whether grounds of appeal raise serious issues — whether refusal would risk harm or prejudice to applicant — balance of convenience and competing interests — where applicant has ongoing medical issues APPEALS — stay pending appeal — power to

Catchwords: APPEALS — stay of orders pending determination of summons for leave to appeal — orders for guardianship — protective jurisdiction — where orders made to stay other proceedings — where orders made prohibiting institution and prosecution of other proceedings — where no risk of prejudice if stay not made — where balance of convenience

Catchwords: INTERNATIONAL ARBITRATION — arbitration agreement — stay of proceedings under s 7(2) of the International Arbitration Act 1974 (Cth) — interpretation of tiered dispute resolution clause in IATA Standard Group Handling Agreement — whether an agreement to agree — whether “the dispute” referred to substantive dispute or dispute as to arbitral process — no

Catchwords: EQUITY – unconscionable conduct – where appellant appoints son as appointor of family trust and transfers marital home to son – where stated purpose of transactions to place assets outside the reach of the daughter in any family provision claim – whether unconscionable advantage taken of any special disadvantage or disability EQUITY – unconscionable

Catchwords: CIVIL PROCEDURE — review of decision of Judge of Appeal — where primary judge dismissed notice of motion seeking document production and interrogatories — whether materials sought relevant to pleaded grounds — whether materials sought protected by legal professional privilege — whether requests amount to a “fishing expedition” — whether order for interrogatories necessary

Catchwords: SUCCESSION — construction — where will provided that rest and residue of deceased’s estate was to be given to her three children in equal shares following distribution of specified pecuniary legacies — where will further directed that a property which had been transferred by deceased and her late husband to the appellant and his

Catchwords: CIVIL PROCEDURE — summary disposal — contract for design and construction of high physical support accommodation — recovery of unpaid payment claims — summary judgment for plaintiff below — whether triable issue as to valid service of payment claims — whether triable issue as to entitlement to claim progress payments where no insurance for

Catchwords: APPEALS — application for leave to appeal from dismissal of District Court proceedings for false imprisonment — value of claim assessed at $2,000 — primary judge’s conclusion supported by unchallenged findings — proposed grounds of appeal otherwise weak — no issue of principle, question of public importance or reasonably clear injustice identified — leave

Catchwords: APPEAL – application for leave to appeal on costs only – underlying proceedings relate to a defamation claim that was statute barred – whether indemnity costs properly ordered – where it was communicated to the applicant in advance that the claim was hopeless and the applicant proceeded regardless – where advance notice given that

Catchwords: STATUTORY INTERPRETATION — consistency with international treaty — foreign state immunity — meaning of “service” — whether provision susceptible to construction consistent with international law — whether statutory method for service inoperative if inconsistent with treaty obligation PRIVATE INTERNATIONAL LAW — jurisdiction — service outside of jurisdiction — Hague Service Convention, Art 9 —

Catchwords: CIVIL PROCEDURE — stay of judgment — stay pending application for special leave to appeal to the High Court — stay pending application for review — where no application has been made — prospects for grant of special leave not substantial — limited risk of enforcement in near term

Catchwords: CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Want of due despatch — where appellant has not filed critical documents and not appeared at hearing

Catchwords: WORKERS COMPENSATION — Compensation for medical, hospital and rehabilitation expenses — Limits on employer liability — s 62(1A) of the Workers Compensation Act 1987 (NSW) — whether Workers Compensation (Private Hospital Maximum Rates) Order 2024 (NSW) made pursuant to s 62(1A) fixes maximum amount of employer’s liability for hospital treatment not specified in Order

Catchwords: CONTRACT — lease — tenant’s obligation at end of lease to remediate to standard suitable for on-going commercial/industrial use — Land occupied for many years by Department of Defence — asbestos known to be present on land — whether provision of site audit statement certifying land suitable for commercial/industrial use subject to compliance with

Catchwords: CONTRACTS – Construction – appellant ceased employment as real estate agent – deed of release executed with respondent – deed established right to payment of commissions – construction of commission entitlements – employee commission policy reaffirmed in deed subject to express exceptions – commissions payable when policy preconditions satisfied EVIDENCE – Burden of proof

Catchwords: COSTS – where costs sought on indemnity basis – offer of compromise – whether applicant/cross-respondent unreasonably rejected offer

Catchwords: ADMINISTRATIVE LAW — judicial review — motor vehicle accident — decision under Motor Accident Injuries Act 2017 (NSW), s 7.20 not to refer a claim for assessment — claimed psychological or psychiatric injury — dispute as to whether claimant suffered a threshold injury — application unaccompanied by evidence of claimed injury — whether obligation

Catchwords: LEGAL PRACTITIONERS – disciplinary proceedings – respondent convicted of offences involving solicitation and transmission of child abuse material – application for removal of the respondent’s name from the Roll of Australian Lawyers – orders not opposed COSTS – application for removal of respondent’s name from the Roll of Australian Lawyers – whether costs should