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Criminal law

Worrell v R

The Court granted leave but dismissed a sentence appeal, rejecting complaints about deprivation, mental health, remorse, manifest excess, guilty plea discount and fresh evidence.

  • Appeal against sentence
  • Manifest excess
  • Bugmy principles
  • De la rosa principles
  • Remorse
  • Early appropriate guilty plea scheme
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Civil procedure

Ge v King

The court allowed the appellants to add one new appeal ground about workers compensation insurance, but refused a second ground about inadequate reasons.

  • Amendment of pleadings
  • New ground on appeal
  • Leave to amend
  • Prejudice
  • Costs reserved
  • Amendment-of-pleadings
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Criminal law

Menon v R; Onley v R

The Court dismissed Menon and Onley’s applications for leave to appeal and their fresh request for a sheriff’s investigation into alleged juror impropriety.

  • Jury irregularities
  • S 73a jury act 1977 (nsw) investigation
  • Non-publication orders
  • Jurisdiction of court of criminal appeal
  • Repeat applications
  • Judicial review
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Civil procedure

Papoutsakis v Dunn

Papoutsakis v Dunn [2024] NSWCA 246

The Court of Appeal dismissed an appeal and leave application as incompetent, holding the matter arose under the Bankruptcy Act and belonged in the Federal Court.

  • Appellate jurisdiction
  • Bankruptcy—undischarged bankrupt's standing
  • Dismissal as incompetent
  • Cross-vesting legislation
  • Appellate-jurisdiction
  • Bankruptcy-standing
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Criminal law

Mohareb v Local Court of New South Wales

Mohareb v Local Court of New South Wales [2024] NSWCA 235

The Court of Appeal refused leave to appeal from the Supreme Court’s dismissal of a subpoena challenge, holding the dispute was disproportionate and largely resolved.

  • Leave to appeal
  • Subpoenas
  • Self-represented litigants
  • Costs
  • Abuse of process
  • Leave-to-appeal
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Criminal law

Nichles v R (No 1)

Nichles v R (No 1) [2024] NSWDC 625

The District Court dismissed Kimberley Nichles’ appeal for want of jurisdiction, holding it could not hear an appeal from interlocutory Local Court orders in a criminal matter.

  • Appeals from interlocutory orders
  • Jurisdiction of district court
  • Permanent stay of proceedings
  • Domestic violence orders
  • Criminal-appeals
  • Interlocutory-orders
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Contract law

Michael Hill Jeweller (Australia) Pty Ltd v Gispac Pty Ltd

The Court of Appeal partly allowed Michael Hill’s appeal, finding Gispac failed to prove key ePlus terms were incorporated and reducing the judgment to $359,858 plus interest.

  • Incorporation of contractual terms by reference
  • Construction of commercial contracts
  • Exclusivity clause
  • Minimum annual quantity / shortfall claim
  • Leave to argue point not raised below
  • Costs and interest
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Evidence

Steven Moore (a pseudonym) v The King

Steven Moore (a pseudonym) v The King [2024] HCA 30

The High Court held that the correctness standard applies to interlocutory appeals from s 137 evidentiary rulings, and dismissed the appeal.

  • Admissibility
  • Hearsay
  • Judicial discretion
  • Standard of appellate review
  • Unfair prejudice
  • Evidence
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Administrative law

Storry v Parkyn

Storry v Parkyn [2024] FCAFC 67

The Full Court dismissed an appeal and a judicial review application, upheld a Registrar’s refusal to file vexatious or frivolous documents, and signalled possible vexatious proceedings orders.

  • Judicial review of registrar's decision
  • Vexatious proceedings
  • Equitable jurisdiction to set aside judgment for fraud
  • Abuse of process
  • Judicial-review
  • Registrar-filing-refusal
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Criminal law

Sayer-Jones v R

Sayer-Jones v R [2024] NSWCCA 54

The Court of Criminal Appeal held it had jurisdiction to hear an out-of-time interlocutory stay appeal after conviction, but refused leave because delay was unexplained and the issues could be raised on a conviction appeal.

  • Permanent stay of proceedings
  • Plea bargains
  • Abuse of process
  • Doctrine of merger
  • Interlocutory appeals
  • Criminal-appeals
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.