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25.01.2022 Judgment Just In: The Supreme Court has ordered Mid-Coast Council to pay $1,513,023.30 to Ms Arndell as a consequence of psychiatric injuries occasioned to her by the collision of a light aircraft with a Ferris wheel at the Old Bar Festival. The pilot, Mr Cox, was also found liable and the Council was entitled to seek an indemnity from him for 35% of the damage. Mr Cox’s separate claim against the Council failed because the injuries he suffered were the materialisation of an obvious risk of a dangerous recreational activity. Read the judgment here: https://bit.ly/39xdSwZ Summary: https://bit.ly/3qkHunu

24.01.2022 LIVE STREAM OF SILK BOWS CEREMONY At 9.15 am tomorrow, Wednesday 14 October, the Supreme Court will live stream the second Silk Bows Ceremony for newly appointed Senior Counsel. Watch the ceremony here: https://bit.ly/3dnUmTJ

23.01.2022 Judgment Just In: The Court of Appeal has unanimously dismissed an appeal against a Supreme Court decision that upheld the validity of a will made by a testatrix to remove a $50,000 legacy made to her nephew under a previous will. The Court held that there was firm evidence indicating that the testatrix read the contents of the new will aloud, establishing her actual knowledge of its contents before executing the document. Read the judgment here: https://bit.ly/34H3Y8b Summary: https://bit.ly/3jJXagb

23.01.2022 LIVE STREAM OF SILK BOWS CEREMONY At 9.15 am tomorrow, Tuesday 13 October, the Supreme Court will live stream the Silk Bows Ceremony for newly appointed Senior Counsel. Watch the ceremony here: https://bit.ly/2GWNFMl

22.01.2022 LIVE STREAM OF ADMISSION CELEBRATION At 9.15 am today, Friday 13 November, the Supreme Court will live stream a virtual celebration to welcome newly admitted lawyers to the profession. Watch the ceremony here: https://bit.ly/3kz8ADn

22.01.2022 Judgment Just In: The Court of Appeal has allowed an appeal brought by Dr Ghosh against decisions of the Civil and Administrative Tribunal (the Tribunal) cancelling her registration as a medical practitioner and disqualifying her from re-registering for a period of 18 months. The Court of Appeal has remitted the matter to the Tribunal to be re-heard by a differently constituted panel. The Court held that the Tribunal erred in various ways including in determining the compla...ints against Dr Ghosh on the papers and in her absence, which precluded its valid exercise of the power to hear the complaints. The show cause procedure contemplated by the Tribunal was incapable of curing the injustice occasioned to Dr Ghosh and was not an available or appropriate substitute for her right to participate in a public hearing. Various other serious errors in the Tribunal’s reasoning process were identified. Read the judgment here: https://bit.ly/38qKXIZ Summary: https://bit.ly/38sz5Gq See more

21.01.2022 Judgment Just In: The Court of Appeal has allowed Bandelle’s appeal from a decision of the Supreme Court of New South Wales, which held that Capitol’s claim against Bandelle for damages arising from defective building work completed in 1997 was not barred by s 6.20 of the Environmental Planning and Assessment Act 1979 (NSW). The Court of Appeal held that s 6.20 operated to bar that claim. Read the judgment here: https://bit.ly/37aaNAt Summary: https://bit.ly/3nU4ace

20.01.2022 Judgment Just In: The Court of Appeal has dismissed an application for leave to appeal from a judgment of the District Court summarily dismissing Mr Massarani’s action for defamation. The CA refused an invitation to consider the question of proportionality discussed in Bleyer v Google Inc [2014] NSWSC 897 as the primary judge had made an orthodox ruling striking out parts of Mr Massarani’s pleading that failed to articulate elements of a reasonable claim. It was permissible in the circumstances for the primary judge to refuse leave to replead and consider the issue of proportionality in that context. Read the judgment here: https://bit.ly/3lDFvr9 Summary: https://bit.ly/3jT97jH

20.01.2022 Judgment Just In: The Supreme Court has made serious crime prevention orders in respect of Mr Amoun and Mr Hamze, at the request of the NSW Commissioner of Police, to protect the public by preventing, restricting or disrupting the involvement of each of them in the Hamze crime network. The Court found that such orders were necessary to inhibit ongoing drug trade by the Hamze crime network and prevent further retaliatory violence between the Hamze and Alameddine crime networks. Read the judgment here: https://bit.ly/38jdEYp Summary: https://bit.ly/2KyQ3L5

18.01.2022 Judgment Just In: The Court of Appeal has delivered judgment on an application by RSPCA Inspector Will for leave to appeal from a judgment dismissing charges laid against the respondent, Mr Brighton for two offences of serious animal cruelty under s 530 of the Crimes Act 1900 (NSW). The charges related to the respondent’s killing of a dog that attacked his pet camel. The respondent contended that if the offence were established, his conduct in killing the dog constituted th...e extermination of a pest animal, engaging the defence in s 530(2)(b) and absolving him of criminal liability. The Court of Appeal upheld the contention that the primary judge erred in his interpretation of the statutory defence and that the statutory defence of extermination of pest animals did not extend to the conduct of the defendant in this case. However, a further trial according to law may be required given the failure by the primary judge to establish the mental element of the offence beyond reasonable doubt. Read the judgment here: https://bit.ly/3mEtC4d Summary: https://bit.ly/2WD3Bro See more

18.01.2022 Judgment Just In: The Court of Criminal Appeal has dismissed an appeal against the sentences imposed upon Mr Wraydeh for offences of dangerous driving occasioning death and failing to stop and assist after a vehicle impact causing death. Read the judgment here: https://bit.ly/3q47Jya Summary: https://bit.ly/3q6YLjZ

17.01.2022 Judgment Just In: The Court of Criminal Appeal has dismissed an application for leave to appeal brought by an applicant who committed three offences of dishonestly obtaining a financial advantage by deception between the ages of 23-27 years, defrauding his former employer of over $3.2 million whilst employed as an assistant accountant. Although the applicant contended that the sentencing judge erred by not taking into account his young age when assessing moral culpability, t...he Court held that not only was he significantly older than the age of majority but the nature of his conduct and offending, which involved a degree of sophistication and a major breach of trust, did not manifest the immaturity associated with younger offenders and did not warrant a reduction in sentence. The Court held that the sentence imposed by the sentencing judge was not manifestly excessive. Sentence remains at 6 years imprisonment with a non-parole period of 4 years. Read the judgment here: https://bit.ly/3h5ZttG Summary: https://bit.ly/3rhQPwS See more

17.01.2022 Judgment Just In: The Court of Criminal Appeal has allowed an appeal against sentence brought by Mr Tatur in relation to an offence of aggravated sexual intercourse without consent. The sentencing judge erred in rejecting evidence regarding the applicant’s cognitive impairment and in the approach taken to sentencing statistics and Crown submissions on the available range. The applicant was re-sentenced to 4 years imprisonment, with a non-parole period of 2 years. Read the judgment here: https://bit.ly/3nivfpQ Summary: https://bit.ly/30Fxfik

17.01.2022 Judgment Just In: The Supreme Court has made a number of costs orders ensuing out of the judgment of Justice Davies in Kaji Australia Pty Ltd v Glover (No. 4) [2019] NSWSC 1779 in which orders were made giving judgment for possession of land. The defendant, Mr Glover, was ordered to pay the plaintiffs’ costs, as was his solicitor, Mr Muriniti, who pursued a cross-claim despite it having no reasonable prospects of success. Read the judgment here: https://bit.ly/36pvic0 Summary: https://bit.ly/2ItvNJZ

16.01.2022 Judgment Just In: The Court of Appeal has dismissed an appeal with costs brought by Ms Mangano, the executor of the estate of her deceased father, Mr Mangano. Ms Mangano asserted that Mr Mangano and his partner Ms Bullen obtained their interests in a property by fraud after they received their interests in the property from a deregistered company. She sought to set aside particular transfers. The Court held that fraud was not established, and that even if fraud could be shown, there were others problems which would prevent the appeal from succeeding. Read the judgment here: https://bit.ly/2Uj6Tiy Summary: https://bit.ly/3loiGbg

16.01.2022 Judgment Just In: The Court of Criminal Appeal has dismissed an appeal against conviction brought by Mr Shi in relation to offences of administering an intoxicating substance and engaging in sexual intercourse without consent. Directions made by the trial judge on the comparison of handwriting evidence were proper and appropriate. Read the judgment here: https://bit.ly/2SyEQuM Summary: https://bit.ly/2GEfoBc

12.01.2022 Judgment Just In The Court of Criminal Appeal has delivered its reasons for refusing Mr Mendoza leave to appeal the sentence imposed on him in the District Court. The Court held that there was no justifiable sense of grievance in the disparity of the sentences between the applicant and two co-offenders and accordingly there was no merit in the appeal. Read the judgment here: https://bit.ly/3iF0zM5 Summary: https://bit.ly/30J4Fg9

12.01.2022 Judgment Just In: The Court of Criminal Appeal has allowed an appeal brought by Mr Cotter against his sentence imposed following his plea of guilty to using an offensive weapon (a motor vehicle) with intent to prevent lawful apprehension, driving a conveyance taken without the consent of the owner, driving whilst disqualified, and driving with the presence of an illicit drug in his oral fluid. Mr Cotter was re-sentenced to a term of imprisonment for 5 years with a non-parole period of 3 years and 3 months. Read the judgment here: https://bit.ly/2Hurde6 Summary: https://bit.ly/2HoswuS

11.01.2022 Judgment Just In: The Supreme Court has sentenced Mr Jaghbir to a non-parole period of six years commencing 10 October 2020 and expiring 9 October 2026 with a balance of term of four years expiring 9 October 2030 for the offence of procuring, aiding and counselling unknown persons to murder Kemel Barakat. Justice Davies stated, Murder is the most serious of crimes. Those who engage in conduct which assists or facilitates murderers, even if they themselves are not present at the murder, must also be punished severely. The offender was sentenced as a principal in the murder offence and was ultimately liable to the same punishment as he would have been if he had been a principal offender. Read the judgment here: https://bit.ly/3lvo4sh Summary: https://bit.ly/33DqI9l

11.01.2022 Judgment Just In: The Supreme Court has determined a dispute concerning the purported assignment of a commercial lease said to have been impacted by the COVID-19 pandemic. In so doing, the Court considered in some detail the special measures regulating retail and commercial leases that have been impacted by the COVID-19 pandemic. The Court held that the purported Deed of Assignment had been validly executed and delivered, and was therefore valid and enforceable. However, th...e Court declined to make orders for specific performance, instead leaving the plaintiff to damages. In relation to the special COVID-19 regulations, the Court held that the defendant was not entitled to raise the operation of these regulations as it had failed properly to plead the defence. In obiter however, the Court indicated that the Deed of Assignment is relevantly a commercial lease for the purposes of the regime, but that the defendant had failed to adduce sufficient evidence to prove that it was an impacted lessee. Nevertheless, the Court of its own motion ordered that, in the event the defendant notified the other parties that it seeks rent relief, the parties must attend a court-annexed mediation. Read the judgment here: https://bit.ly/3nrvdMB Summary: https://bit.ly/33J2niJ

11.01.2022 Judgment Just In: The Court of Appeal has upheld an appeal from the Appeal Panel of the NSW Civil and Administrative Tribunal concerning the validity of a by-law which imposed a blanket ban on the keeping of animals on lots and common property in a freehold strata scheme development in Darlinghurst, Sydney. The Court held that such a blanket ban infringed the statutory restriction that a by-law must not be harsh, unconscionable or oppressive and that it was not made for a proper purpose. Read the judgment here: https://bit.ly/30SueuX Summary: https://bit.ly/3iLCkM5

11.01.2022 Judgment Just In: The Court of Appeal has dismissed an appeal by Mr Lawrence against the making of an interim detention order against him under the Terrorism (High Risk Offenders) Act 2017 (NSW). The Court held that the Act was constitutionally valid. A State Parliament can confer on a State court the function of making a preventative detention order, and the powers conferred on the Supreme Court by the Act are not incompatible with the Court’s institutional integrity as a repository of federal jurisdiction. Further, the Act is not procedurally unfair such as to undermine that institutional integrity. Read the judgment here: https://bit.ly/2GFEcJd Summary: https://bit.ly/34r0M0g

10.01.2022 Judgment Just In: The Court of Criminal Appeal has dismissed RA’s appeal against conviction and allowed his appeal against sentence. RA was found guilty by a jury of two sexual offences against his niece committed around 40 years ago and was sentenced to a term of imprisonment for 5 years (3 years non-parole period). He argued that the jury’s verdicts were unreasonable, pointing to inconsistencies in the complainant’s evidence and alleging that the Crown had not proved that t...he offences occurred before the complainant turned 10 (an element of the offence). The Court examined all the evidence and held that it was open to the jury to be satisfied beyond reasonable doubt that the incident occurred as alleged. Further, the Court accepted that the sentence imposed on RA was manifestly excessive given he was a juvenile at the time. A sentence of 4 years (2 years and 5 months non-parole period) was substituted. Read the judgment here: https://bit.ly/37I84iV Summary: https://bit.ly/2WGk9Pi See more

09.01.2022 Judgment Just In: The Supreme Court has found Mr Jaghbir guilty of procuring, aiding and counselling unknown persons to murder Kemel Barakat. A number of circumstances indicated that Mr Jaghbir had provided assistance to the assailants by supplying a key to enable access to the deceased’s unit: that the assailants entered the unit using a key which he had possession of, an admission he made, and his contact with those suspected of the killing. Justice Davies stated that There is no reasonable explanation consistent with the innocence of the accused. Mr Jaghbir will be sentenced at a later date. Read the judgment here: https://bit.ly/2SLn0EV Summary: https://bit.ly/3iVfS3j

08.01.2022 Judgment Just In: The Supreme Court has set aside the decision of NCAT granting the defendant a working with children check clearance. The Court held that Tribunal misdirected itself as to what was required to make a finding of groundlessness by eliding not being able to make a positive finding that the allegations occurred with a finding that the allegations were groundless. Further, the Court held that Tribunal giving little weight to unsigned and untested statements amounted to procedural unfairness in circumstances where the defendant never required the statement makers to submit themselves to cross-examination. The decision has been remitted to a differently constituted tribunal. Read the judgment here: https://bit.ly/3o4bgL1 Summary: https://bit.ly/3fCcsTb

08.01.2022 Judgment Just In: The Supreme Court has ordered that Mr Wynne be subject to an interim detention order commencing when his parole expires on 8 December 2020, and that he submit himself to psychiatric assessment for the purposes of any further orders made under the Crimes (High Risk Offender’s) Act. The Court was satisfied that Mr Wynne posed an unacceptable risk of committing another serious offence. Mr Wynne is currently awaiting trial for charges relating to violence perpetrated against a woman with whom he was in an intimate romantic relationship. Mr Wynne has previously spent a term of imprisonment for similar offences. Read the judgment here: https://bit.ly/3fujGZl Summary: https://bit.ly/2HDYELm

08.01.2022 Judgment Just In: The Supreme Court has declared that HQ Living Pty Ltd repudiated the Management Agreement with the plaintiff, De Rucci International Pty Ltd, in relation to the operation of a store in the Moore Park Supa Centa. The defendants were ordered to pay $230,473.90 plus costs and interest to the plaintiff. Read the judgment here: https://bit.ly/3qe0Hap Summary: https://bit.ly/3g1Edob

08.01.2022 Judgment Just In: The Court of Appeal allows an appeal from the Workers Compensation Commission holding that one of the conditions in the defined term worker with highest needs must be satisfied in order for an injured worker to claim payment at the special rate specified in s 38A of the Workers Compensation Act 1987 (NSW). The entitlement to payment at that rate only arises once, and for the time that, a worker is a worker with highest needs. Read the judgment here: https://bit.ly/2KIp53B Summary: https://bit.ly/364Oahd

07.01.2022 Judgment Just In: The Court of Criminal Appeal has allowed an appeal brought by CR against his sentence imposed following his plea of guilty to one count of producing child abuse material, two counts of using a child under 14 years of age to produce child abuse material, and one count of possessing child abuse material. CR was re-sentenced to a term of imprisonment for 6 years and 3 months with a non-parole period of 4 years and 1 month. Read the judgment here: https://bit.ly/39d1J0l Sum: https://bit.ly/3nIrg5e

06.01.2022 LIVE STREAM OF ADMISSION CELEBRATION At 9.15 am tomorrow, Friday 9 October, the Supreme Court will live stream a virtual celebration to welcome newly admitted lawyers to the profession. Watch the ceremony here: https://bit.ly/33FxmMQ

06.01.2022 Judgment Just In: The Court of Appeal has dismissed an application for judicial review of a summons filed in the supervisory jurisdiction of the Supreme Court relating to a verdict of acquittal ordered by the trial judge in proceedings brought by SafeWork NSW, relating to the installation of gas lines at Bankstown Lidcombe Hospital. The Court held that it did not have jurisdiction to consider the application. Read the judgment here: https://bit.ly/2V5qN0J Summary: https://bit.ly/3l6EU0x

05.01.2022 Judgment Just In: The Court of Appeal has dismissed an application for leave to appeal in a case concerning Retail and Other Commercial Leases (COVID-19) Regulation 2020 (NSW). Read the judgment here: https://bit.ly/2GN5f5w Summary: https://bit.ly/32tQL28

05.01.2022 Judgment Just In: The Court of Appeal has dismissed an appeal from a decision of the Supreme Court holding that there was evidence on which a claim for a quantum meruit could be determined. It was held that it was not required that the builder demonstrate his charges were reasonable against the market rate for the work performed or some other independent objective standard in order to succeed in his claim. Read the judgment here: https://bit.ly/3fYAZBY Summary: https://bit.ly/3luVQ0X

04.01.2022 Judgment Just In: The Court of Criminal Appeal has dismissed an appeal by Mr Bates against his sentence of 4 years and 6 months imprisonment with a non-parole period of 3 years following his plea of guilty to one count of dangerous driving occasioning death and one count of dangerous driving occasioning grievous bodily harm. Read the judgment here: https://bit.ly/3jQdVGR . Summary: https://bit.ly/2SyE7d2

03.01.2022 Judgment Just In: The Court of Appeal has dismissed an appeal brought by Reysson Pty Ltd challenging the validity of the mapping of an area identified as the coastal wetlands and littoral rainforests area in the State Environmental Planning Policy (Coastal Management) 2018 (NSW) as it related to land owned by Reysson at Tweed Heads. Read the judgment here: https://bit.ly/32tQa0o Summary: https://bit.ly/2UcrBR6

02.01.2022 Judgment Just In: The Court of Appeal has dismissed an appeal from the District Court in a slip and fall negligence case. The appellant fell on terrazzo tiles outside a public bathroom in a shopping centre in Fairfield, Western Sydney. It was a central part of her case that the floor was wet when she fell. The primary judge concluded that the appellant did not fall on water, or did not discharge her burden to establish that she did. The Court of Appeal found no error in the judge’s findings, which were supported by the evidence. Read the judgment here: https://bit.ly/39jsPmv Summary: https://bit.ly/3mb3yOT

02.01.2022 Judgment Just In: The Court of Criminal Appeal has partly allowed an appeal against conviction brought by an applicant who was charged on indictment with a number of domestic violence offences. The Court unanimously held that with respect to a charge that the applicant entered the complainant’s dwelling house with the intent to commit a serious indictable offence knowing that persons were inside, it was not reasonably open to the jury to have been satisfied beyond reasonable... doubt that the applicant had accessed the complainant’s balcony externally as put by the Crown, as she lived on the fourth floor of a five-storey apartment block. However, by majority, the Court held that tendency evidence which had been admitted, being a statement of agreed facts relating to a charge of recklessly occasioning grievous bodily harm to his ex-wife in 2008, did have significant probative value, and that its probative value substantially outweighed its prejudicial effect. Read the judgment here: https://bit.ly/3rlBPhe Summary: https://bit.ly/38ufnKg See more