3 Oct 2023
Having found the appeal struck out for want of jurisdiction and that the respondent was entitled to costs, the Court exercised its discretion to award the respondent actual costs of $3,150 rather than the higher 2B scale uplifted amount because the respondent's incurred fees were substantially less than the scale entitlement and the appellant did not contest the calculation.
21 Jul 2023
There was a real and appreciable risk that a conviction would lead to termination of the appellant's role as co‑CEO and to significant collateral harm to the company's pre‑IPO and international business prospects; those consequences would be out of all proportion to the moderate gravity of the offending; fresh affidavit evidence was admissible; therefore discharge without conviction was warranted and the conviction and fine were quashed while the driving disqualification remained.
5 Jul 2023
Permission under r 9(5) to copy the court's electronic recording requires a principled basis related to the interests of justice; the plaintiffs did not establish such a basis because their stated reason was convenience of counsel, there was significant delay, the plaintiffs were represented throughout by senior counsel at the hearing, a substantive judgment was issued and not appealed, and therefore the application to copy the audio recording is dismissed.
21 Apr 2023
The application for transcript and for a listening facility was declined because the applicant failed to show any good reason to justify production of a transcript or to recall the court's earlier decision declining transcription.
17 Mar 2023
Even where the applicant has an arguable set-off, the statutory demand remains enforceable and the application to set it aside is declined because the Scheme contains a compelling 'pay now argue later' policy, the default interest had accrued and was properly invoiced, the service defect was an irregularity cured under the High Court Rules, and the Body Corporate's failure to follow its internal debt-collection resolution does not invalidate the statutory demand.
14 Mar 2023
Leave to bring a second appeal was declined because the issues were case-specific and not of general or public importance, there was no reasonably arguable miscarriage of justice or error of principle in the lower courts' exercise of discretion, the claimed accommodation and books were not recoverable as 'costs of defence', and the police acted in good faith such that denying leave posed no risk of miscarriage.
2 Feb 2023
Though probate was not obtained within three months, the executors had not refused to prove the Will and the explanations for delay were plausible; mere delay without more does not satisfy s 19 and the executors subsequently applied for probate, so the jurisdictional requirements of s 19 were not met and the nisi application was dismissed.
29 Sept 2022
The appeal is dismissed because the sentencing Judge's starting point and increases were within range, the cultural report did not provide persuasive evidential basis to justify a greater discount, the discounts applied were not erroneous, and home detention was not warranted given prior failed community sentences, limited insight and medium risk of reoffending.
9 Mar 2022
Application for security was declined because it was brought too late, would risk preventing plaintiffs from pursuing their claim shortly before trial, plaintiffs demonstrated a reasonably strong case, and the matter was better assessed by the trial judge; security was not justified on the material before the Court.
10 Jun 2021
The Deputy Registrar was wrong to conclude no legal aid application was pending because an application returned as incomplete can still be treated as having been made; consequently the review is granted and the question of suspension is referred back for the Deputy Registrar to exercise discretion afresh, taking into account the applicant's diligence and the realistic timeframe to advance the legal aid application.