NSW Supreme Court

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The biennial John Lehane Memorial Lecture will be held today at 5:15pm, 3 September 2024, in the Banco Court, Queens Square. The lecture, titled “Contractual interpretation: An Anglo/Australian journey”, will be delivered by Lord Hamblen, Justice of the @UKSupremeCourt. No registration is necessary for attendance. This event is organised by @AllensLegal. Image courtesy of UK Supreme Court

SupCt dismisses summons for judicial review filed by Ms Bucca in relation to decision of medical review panel. Held that excessive delays did not give rise to jurisdictional error and no error in interpretation of Guideline. Sum: tinyurl.com/BuccavQBEInsur…

CA allows appeal brought by Michael Hill Jeweller (Australia) Pty Ltd against Gispac Pty Ltd, holding that form of sales agreements and commercial practice between the parties was inconsistent with incorporated terms and conditions of trading. Sum: tinyurl.com/MichaelHillvGi…

CCA has dismissed an appeal brought by Abdul Karaali in relation to his sentence for the murder of Ross Houllis. Court found that sentence length, and its disparity compared to his other co-offenders, was justified. Sum: tinyurl.com/KaraalivRsum

SupCt has dismissed amended summons filed by Snowy Mountain Bush Users Group to halt aerial shooting of wild horses within Kosciusko National Park. All three grounds of appeal failed. Standing and extension of time granted. Sum: tinyurl.com/SMBUGIncvMinis…

CCA dismisses an appeal by Mr Ridgeway against sentence of 8yrs for domestic violence and related offences. Court held no error in the sentencing judge’s approach and in the application of Bugmy principles. Judgment: tinyurl.com/RidgewayvR

Latest CA decisions of interest bulletin includes: NSWCA on breach of fiduciary duties, medical practitioners, proprietary estoppel; WASCA on judicial review; HKCFA on mental incapacity; UKPC on judicial review. See: shorturl.at/jlAJ5

CA dismisses motion brought by Eco-Pact in relation to upholding by Adamson JA of Registrar’s decision to order security for costs in appeal brought in relation to a claim on the Fidelity Fund. Sum: tinyurl.com/Eco-PactvLawSo…

CCA dismisses appeal brought by Mr Merheb against his aggregate sentence for three charges involving obtaining a financial advantage through deception. There was no breach of the De Simoni principle nor a denial of procedural fairness. Sum: tinyurl.com/MerhebvRsum

CA allows appeal by Mr and Mrs R and N Sckaff. Held that R Sckaff paid for a disputed property, that he did not acquiesce in his brother’s belief that he (his brother) owned the property and that no constructive trust arose. Sum: tinyurl.com/SckaffvSckaffs…

CCA dismissed appeal brought by Ms Rabieh against convictions for supply of commercial quantity of prohibited drugs. Held that directions given to jury at trial were adequate. Sum: tinyurl.com/RabhiehvRsum

CA dismisses appeal, and allows cross-appeal as to costs, in relation to decision of Nixon J. CA found primary judge correct to find sum advanced to appellant was a loan repayable to respondents, and not payment for services. Sum: tinyurl.com/AccessTraining…

The Hon. Andrew Bell, Chief Justice of New South Wales has delivered the opening keynote address to the 2024 Association of Litigation Funders of Australia Commercial Disputes Conference in Sydney. In a wide-ranging address, the Chief Justice detailed the growth of the litigation funding industry, calls in some quarters for increasing regulation, important recent decisions in Australia and the United Kingdom, litigation funding of international arbitration, class actions and contingency fees including the impact of 2019 Victorian legislation which permitted contingency fees in class actions brought in the Supreme Court of Victoria. His Honour observed that: “Victoria appears now to be (at least numerically) the preferred forum for the hearing of class actions, driven by plaintiff lawyer funded claims. This is not, I respectfully venture to suggest, by reason of any perceived superiority of Victorian judges or the expedition of Victorian case management and civil appeals when compared to other jurisdictions but, rather and principally, because of the opportunity for solicitors to take a slice of the outcome of litigation which, as is well known, will frequently be settled for very large sums, depending on the nature of the claims. One might well think that this only illustrates the conflict of interest at play in circumstances where forums other than Victoria are available and where cases with no particular connection to Victoria may be managed and resolved with equal or superior despatch and efficiency and with greater convenience.” Read the Chief Justice’s speech here: tinyurl.com/2wyyr9su

The farewell sitting to mark the retirement of the Hon. Justice Richard Button will be held at 9:15am, 15 August 2024. Justice Button was the first serving public defender to be appointed to be Supreme Court and was sworn in on 12 June 2012. Livestream on the Court’s YouTube channel: lnkd.in/gaYu4MF5

Richard McHugh SC has been appointed as a Judge of Appeal of the Supreme Court of NSW. Mr McHugh has conducted many high-profile cases and in recent years has specialised in complex commercial disputes. First called to the Bar in 1995, he is a founding member of Banco Chambers, established in 2005, and took silk in 2006. Livestream the swearing in ceremony at 9:15am, 20 August on YouTube youtube.com/live/apfXlADwi… #nswlaw

CCA dismisses an appeal from RA against his aggregate sentence of 20 years imprisonment for numerous sex offences. Wilson J (Adamson JA agreeing) found no error in the sentencing judge’s approach. Dhanji J provided separate reasons. Judgment: tinyurl.com/RAvRjudgment

CCA allows appeal brought by Mahdy Hasn Elwdah against his sentence for a Commonwealth child sex offence. Failure to consider the s 16A(2AAA) objective of rehabilitation. Sentencing discretion miscarried. Sum: tinyurl.com/ElwdahvRsum

CA dismisses appeal brought by Bruce and Donna Slade against SupCt decision ordering that they transfer farming properties to their daughter and son-in-law Kellie and Garreth Brose; CA allows cross-appeal as to costs. Sum: tinyurl.com/SladevBrosesum