The King v. McGregor
Case No.
S45/2025
Case Information
Lower Court Judgment
1/11/2024 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell CJ; Kirk JA; Harrison CJ at CL; Davies J; Sweeney J)
Catchwords
Criminal law – Sentencing – Appeal against sentence – Statutory mandatory minimum sentence prescribed – Proper construction of s 16AAC of the Crimes Act 1914 (Cth) – Reduction of mandatory minimum where provisions in s 16AAC(3) apply – Whether provision is to be treated as capping maximum discount as a proportion of the mandatory minimum, as opposed to provision setting a minimum floor – Federal offenders – Sentence by State court for offence against Commonwealth law – Whether aggregate sentencing under s 53A of Crimes (Sentencing Procedure) Act 1999 (NSW) can be applied to federal offences – Whether s 53A is capable of being picked up by s 68(1) of the Judiciary Act 1903 (Cth) and applied to the sentencing of all federal offenders in New South Wales.
Documents*
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025 Written submissions (Appellant)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.
Shao v. Crown Global Capital Pty Ltd (in prov liq) ACN 604 292 140 & Anor
Case No.
S46/2025
Case Information
Lower Court Judgment
19/12/2024 Supreme Court of New South Wales (Court of Appeal) (Leeming, Payne and Adamson JJA)
Catchwords
Contracts – Where Facility Agreement required two lenders nominate a bank account into which proceeds could be paid – Where only one lender nominated an account – Where proceeds of facility paid into nominated account in breach of requirements of agreement such that borrower did not obtain good discharge of its debt – Where proceedings as between the two lenders were litigated – Whether those proceedings amounted to ratification of rogue lender’s nomination such that the borrower obtained good discharge of its debt – Whether right of action now lies against borrower – Where debtor repays a debt in breach of contract by, for example, repaying it into the wrong bank account (or otherwise contrary to the contractual instructions of the creditor) – Whether the creditor can accept repayment of the debt but sue the debtor for damages arising from the breach of contract.
Documents*
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025 Written submissions (Appellant)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.
Cullen v. State of New South Wales
Case No.
S47/2025
Case Information
Lower Court Judgment
20/12/2024 Supreme Court of New South Wales (Court of Appeal) (Gleeson and Kirk JJA, White JA)
Catchwords
Negligence – Duty of care – Public authorities – Injury – Bystander – Whether police officers owe duty to take reasonable care to avoid risk of harm to class of persons in immediate vicinity of operational response during protest march – Risk of harm in police actions inflicting physical injury on identified class of persons – s 43A of Civil Liability Act 2002 (NSW) – Breach – Whether regard to be had to police obligations to take actions to prevent breaches of the peace even in crowded situations – Causation – Whether conduct of the officers was causative of the harm suffered by the appellant – Whether beyond the scope of the respondent's legal liability under s 5D(1)(b) of the Civil Liability Act 2002 (NSW).
Documents*
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025 Written submissions (Appellant)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.
Gray v. Lavan (A Firm)
Case No.
P7/2025
Case Information
Lower Court Judgment
28/11/2024 Supreme Court of Western Australia (Court of Appeal) (Buss P; Mitchell and Vandongen JJA)
Catchwords
Restitution – Unjust enrichment – Where client engaged a firm of solicitors to conduct litigation on his behalf – Where the firm issued, and the client paid, invoices for legal work performed by the firm over many years – Where invoices were subject to the client’s right to obtain a taxation and the return of excessive charges – Where 10 years after the final payment the parties resolved their dispute as to the amount overpaid, but excluding the client’s claim to interest, on the basis that the firm would repay $900,000, this amount reflecting what would have been found to be excessive as not fair and reasonable and ordered to be refunded to the client by the firm if the taxation had proceeded – Whether the firm was unjustly enriched, because there had been a failure of basis, or a total failure of consideration, in respect of those overpaid sums, that warranted their repayment – Whether the measure of the firm’s enrichment was not merely the value of the principal sum, but also the use value of that sum for ten years prior to repayment – Whether to reverse its unjust enrichment, the firm was obliged to pay interest to the client (whether simple or compound), and not merely the principal sum.
Documents*
03/04/2025 Determination
17/04/2025 Notice of appeal
22/05/2025 Written submissions (Appellant)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.
Taylor v. Killer Queen LLC & Ors
Case No.
S49/2025
Case Information
Lower Court Judgment
22/11/2024 Federal Court of Australia (Yates, Burley and Rofe JJ)
Catchwords
Trade marks – Infringement – Defence to infringement – Where infringing mark is deceptively similar to the registered mark – Whether person using the infringing mark would obtain registration – Honest concurrent use – Whether concurrent use established – Whether honest use established – Cancellation – Whether, because of reputation in prior mark, use of the registered mark would be likely to deceive or cause confusion – Where ground of cancellation established – Whether discretion should be exercised not to cancel the registration of the registered mark.
Documents*
11/04/2025 Hearing (SLA, Sydney)
23/04/2025 Notice of appeal
30/05/2025 Written submissions (Appellant)
30/05/2025 Chronology (Appellant)
27/05/2025 Written submissions (Respondent)
18/07/2025 Reply
*The due dates shown for documents on this page are indicative only.