22 Apr 2021
The application for an extension of time to appeal is refused because the proposed fresh evidence is not sufficiently fresh, credible or cogent to give a real prospect of success, the delay is significant and causes prejudice (including the complainant's hostility and resource burden on the Council), and, on balance, the interests of justice do not favour granting an extension.
4 Aug 2017
The Court held that the proposed 2003 employment agreement evidence was not fresh and was immaterial to the charges on which Mr Rose was convicted; the trial Judge’s omission to give a general legal definition of conflict of interest did not produce a miscarriage of justice given the close personal and financial relationships and facts found by the jury; the sentencing starting point and final sentence for Mr Rose were within the available range given premeditation, duration, abuse of position and benefit obtained and the judge permissibly declined reparation as a matter of discretion given r…
16 Dec 2016
The Court held that (1) damages under s 43 FTA are restorative and the Swindles' compensable loss was reduced to $2,311,394 after crediting interest received, and after contributory negligence (attributed from their agent) a 50% apportionment produced an amended judgment of $1,155,697 against Withers; and (2) on the indemnity issue Withers' repeated false undertakings and sustained reckless disregard of his professional obligations amounted to dishonesty under the objective/subjective test, so the policy's Fair Trading Act indemnity proviso and the dishonesty exclusion applied and Zurich was…