DISTRICT COURT LAW REPORTS (NSW)
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1 APRIL 2012 Decisions of the District Court of New South Wales LAWBOOK CO. s DISTRICT COURT LAW REPORTS (NSW) EDITOR DR RJ DESIATNIK Barrister-at-Law CONSULTING EDITOR A M BLACKMORE SC, B LEG, LLM Judge of the District Court of NSW REPORTER DR RJ DESIATNIK VOL 13 PART 4 PAGES
2 The mode of citation of this part will be: 13 DCLR(NSW) TABLE OF CASES REPORTED Part 4 Pages A by his tutor S v State of New South Wales AA v Registrar of Births, Deaths and Marriages Amatto; R v Ambo; R v Betteridge & Anr; Penfold v Births, Deaths and Marriages, Registrar of ; AA v Broad Group Holdings Pty Ltd; Johnstone v Casey & Anr; Maynes & Anr v Channel Seven Sydney Pty Ltd (No 3); Fierravanti-Wells v Coceanig; Scaife v CUR24; R v D; R v... 7 Services & Others Dettman; Field & Anr v DJE Building Services Pty Ltd v Insurance Australia Ltd DX (No 2); R v Fairfax Radio Network Pty Ltd v Printlane Pty Ltd (No 2) Family and Community Services & Others, Director General, Department of; DC v Farrington; Pastrovic and Co Pty Ltd v Field & Anr v Dettman Fierravanti-Wells v Channel Seven Sydney Pty Ltd (No 3) Fox; Neate v Galloway (No 2); McGlen-McLeod v Grace; R v Hale v R... 1 Horowitz & Bilinsky Solicitors, Mohareb v Human Services & Ors, Department of, Director-General; White v (Cases in bold reported in this part) Lawbook Co Thomson Reuters (Professional) Australia Limited ABN ISSN Published in Sydney
3 TABLE OF CASES REPORTED Insurance Australia Ltd; DJE Building Services Pty Ltd v James; R v Johnstone v Broad Group Holdings Pty Ltd Ladoke; R v, RvLaLauandRvLaSaid Mahay; Khan, Rana, R v Maynes & Anr v Casey & Anr McGlen-McLeod v Galloway (No 2) Mohareb v Horowitz & Bilinsky Solicitors Moradian; R v Nasr; Takla v Neate v Fox New South Wales, State of ; A by his tutor S v Pastrovic and Co Pty Ltd v Farrington Penfold v Betteridge & Anr Perry; R v Porter v Workcover Authority of New South Wales Printlane Pty Ltd (No 2); Fairfax Radio Network Pty Ltd v Pulendren; R v Queen, The; Wade v R v Amatto R v Ambo R v CUR R v D... 7 R v DX (No 2) R v Grace R v James R v Ladoke, RvLaLauandRvLaSaid R v Mahay; Khan, Rana R v Moradian R v Perry R v Pulendren R; Hale v... 1 Scaife v Coceanig Takla v Nasr Wade v The Queen White v Director-General, Department of Human Services & Ors Workcover Authority of New South Wales; Porter v (Cases in bold reported in this part)
4 INDEX Part 4 Pages COSTS Indemnity costs Offer of compromise Offer pursuant to rules of court Offer of money plus costs Whether such offer permissible under court rules Whether costs rules in conformity with professional practice Uniform Civil Procedure Rules 2005 (NSW), r McGlen-McLeod v Galloway (No 2) COURTS AND JUDGES Courts Proceedings in open court Application by media for documents tendered in sentencing proceedings Relevant Bill not yet enacted Determination of application under common law principles Presentation of evidence in documentary form for administrative efficiency and convenience No reason to withhold documents from public where same evidence able to be presented orally in open court Substance of material in court s judgment No answer to application Analysis of Bill Court Information Bill 2010 (NSW). R v Grace Judges Bias Application for disqualification for apprehended bias Whether application appropriate Relevant factors Delay in making application Effect. R v CUR CRIMINAL LAW Sentence Particular offences People smuggling Statutory mandatory minimum sentence Whether to be taken as sentencing starting point Issues of national security Relevance to sentencing process Migration Act 1958 (Cth), s 233C. R v Pulendren DEFAMATION Actions for Defences Pleadings Nuances or shades of meaning defence Whether now available at common law Allegation parliamentarian s overseas study trip dubious Capacity of allegation to be defamatory. Fierravanti-Wells v Channel Seven Sydney Pty Ltd (No 3) Pleadings Striking out of imputation with leave to replead Whether estoppel thereby raised Proceedings involving plea of justification Advisability of early retirement of jury for consideration of plaintiff s imputations. Fierravanti-Wells v Channel Seven Sydney Pty Ltd (No 3)
5 INDEX DISTRICT COURT Statutory appeals Appeal from Children s Court care order Whether jurisdiction limited to final care order Distinction between interim and interlocutory orders of Children s Court Appeal to District Court from latter order Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 90, 91. Services & Others NEGLIGENCE Duty of care Special relationships Vintage aircraft owner and guest on flight Scope of duty Use of common sense by person disembarking from aircraft Whether duty of care negated Obvious risk Negation of duty to warn Effect on other aspects of duty of care Alighting from stationary vintage aircraft after flight Whether dangerous recreational activity Civil Liability Act 2002 NSW, ss 5F, 5H, 5K, 5L. Neate v Fox PRACTICE Commencement of proceedings Costs Verdict below $40,000 Whether commencement and continuation in District Court appropriate Relevant factors Uniform Civil Procedure Rules 2005 (NSW), r McGlen-McLeod v Galloway (No 2) WORDS AND PHRASES Care order. Services & Others Dangerous recreational activity. Neate v Fox
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