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Ramitha
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alqa-sample-120

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What does the Airworthiness Directive (AD) issued under subregulation 39.1 (1) of CASR 1998 require in relation to the Beechcraft 300 Series Aeroplanes?	The Airworthiness Directive (AD) issued under subregulation 39.1 (1) of CASR 1998, as outlined in the document AD/BEECH 300/18 - Engine Controls Cross Shaft (Cth), requires that certain actions be taken in relation to the Beechcraft 300 Series Aeroplanes. These actions, which the delegate considers necessary to correct...	AIRWORTHINESS DIRECTIVE For the reasons set out in the background section, the CASA delegate whose signature appears below issues the following Airworthiness Directive (AD) under subregulation 39.1 (1) of CASR 1998. The AD requires that the action set out in the requirement section (being action that the delegate consi...	1
What is the definition of a non-member spouse, splitting agreement, splitting order, and superannuation interest according to the Military Superannuation and Benefits Act 1991 (Cth)?	Under the Military Superannuation and Benefits Act 1991 (Cth), a non-member spouse is defined as a non-member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975. A splitting agreement refers to either a superannuation agreement or a flag lifting agreement (both within the meaning of Part VIIIB ...	non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975. splitting agreement means: (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC o...	1
Who were the parties involved in the case of Hope Downs Management Services Pty Ltd v Hamersly Iron Pty Ltd [1999] FCA 1652?	In the case of Hope Downs Management Services Pty Ltd v Hamersly Iron Pty Ltd [1999] FCA 1652, the parties involved were Hope Downs Management Services Pty Ltd as the Appellant and Hamersley Iron Pty Ltd as the First Respondent. Other respondents included National Competition Council, Robe River Mining Co Pty Ltd, Mits...	ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA V402 OF 1999 BETWEEN: HOPE DOWNS MANAGEMENT SERVICES PTY LTD Appellant AND: HAMERSLEY IRON PTY LTD First Respondent NATIONAL COMPETITION COUNCIL Second Respondent ROBE RIVER MINING CO PTY LTD Third Respondent MITSUI IRON ORE DEVELOPMENT PTY LTD Fourth Resp...	1
What is the purpose behind the award of costs in legal proceedings according to the decision in Police v Horsfield; Police v Dowd [2013] NSWLC 17?	In the decision of Police v Horsfield; Police v Dowd [2013] NSWLC 17, it was noted that the purpose behind the award of costs is "to indemnify a successful party against losses that they have incurred as a result of having to pay legal fees".	13His Honour noted in his judgment that there is a specific provision of the Legal Aid Commission Act concerned with applications for costs by legally aided persons. This was an apparent reference to s 42 of the Legal Aid Commission Act 1979. His Honour considered that the existence of such a provision suggested "the f...	1
What was the outcome of the applicants' application for interlocutory relief in the case of Moles v The University of Adelaide [2001] FCA 1666?	In the case of Moles v The University of Adelaide [2001] FCA 1666, the Court refused the applicants' application for interlocutory relief.	REASONS FOR JUDGMENT 1 On 25 September 2001, the applicants filed an application and accompanying statement of claim in the South Australia District Registry of the Court. In the application relief was sought inter alia by way of a penalty on the respondent for alleged breaches of an industrial award and “an order for ...	1
What are the specifications of the $1 and $2 coins as per the Currency (Royal Australian Mint) Determination 2012 (No. 5) (Cth)?	According to the Currency (Royal Australian Mint) Determination 2012 (No. 5) (Cth), the $2 coin is composed of copper, aluminium, and nickel, weighs 6.60 ± 0.26 grams, and has dimensions of 20.62mm in diameter and 3.20mm in thickness. The $1 coin, on the other hand, is composed of not less than 99.9% silver, weighs 31....	Schedule 1 (section 4) Part 1 Specifications of coins Item Denomination Standard composition Standard weight and allowable variation (g) Dimensions Design Maximum diameter (mm) Maximum thickness (mm) Shape Edge Obverse Reverse 1 $2 Copper, aluminium and nickel 6.60 ± 0.26 20.62 3.20 S1 E1 O1 R1 2 $1 Not less than 99.9%...	1
In the case of NABC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 603, what was the appellant's argument and how did the court respond to it?	In the case of NABC v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 603, the appellant argued that the decision of the Tribunal was unsound and requested the magistrate to set it aside and remit the matter to the Tribunal for re-hearing. However, the appellant failed to raise any issue cognis...	4 When the matter was before the magistrate, the appellant apparently argued the decision of the Tribunal was unsound and requested the magistrate to set it aside and remit the matter to the Tribunal for re-hearing. However, it appears the appellant failed to raise any issue cognisable by the magistrate; that is, he f...	1
In the case of Parkroyal Investments Pty Ltd [2021] NSWSC 532, was the claim put forward by Mr Reynolds considered an abuse of process due to duplication of matters to be addressed in the Expedition List Proceedings?	No, in the matter of Parkroyal Investments Pty Ltd [2021] NSWSC 532, the court did not consider the claim put forward by Mr Reynolds as an abuse of process due to duplication of matters to be addressed in the Expedition List Proceedings. The court stated that the position might have differed had the Demand raised consi...	20. For these reasons, it is not necessary to address the further question, to which the parties devoted voluminous evidence and some time in submissions, as to whether an offsetting claim is established, and the matters to which that claim relates can be left for consideration, in respect of a merits determination, to...	1
What was the charge and penalty for the offender in the case of R v David Keith Green [2019] NSWDC 66 in New South Wales?	In the case of R v David Keith Green [2019] NSWDC 66, the offender was charged with recklessly damaging the Corrective Services cell complex at 58 Frome Street, the property of the New South Wales Police Force, by means of fire on 24th day of October 2017, at Moree in the State of New South Wales. This offence contrave...	remarks on sentence 1. On 13 March 2019 the offender was arraigned on an Indictment containing the following charge: 1. On 24th day of October 2017, at Moree in the State of New South Wales, recklessly damaged the Corrective Services cell complex at 58 Frome Street, the property of the New South Wales Police Force, by ...	1
What evidence was found during the police investigation of the offender in the case R v Green [2022] NSWDC 749 in New South Wales?	In the case R v Green [2022] NSWDC 749, the police investigation revealed that the offender had signed a standard self-storage agreement form using his driver’s licence as identification to lease a storage shed at the Storage King facility at Lisarow. The offender was captured on CCTV entering the facility on multiple ...	ADDITIONAL CHARGES 20. Further police investigations revealed that the offender had signed a standard self-storage agreement form using his driver’s licence as identification to take out a lease of a storage shed at the Storage King facility at Lisarow on 20 January 2021. A review of the security system at Storage King...	1
When did the Social Services Legislation Amendment (Queensland Commission Income Management Regime) Act 2017 (Cth) commence?	The Social Services Legislation Amendment (Queensland Commission Income Management Regime) Act 2017 (Cth) commenced on the day it received the Royal Assent, which was on 26 June 2017.	The Parliament of Australia enacts: 1 Short title This Act is the Social Services Legislation Amendment (Queensland Commission Income Management Regime) Act 2017. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the...	1
What are the record-keeping requirements for flight training under the CASA 05/23 — Flight Training and Flight Tests for Grant of Aerial Mustering Endorsements Approval 2023 (Cth)?	Under the CASA 05/23 — Flight Training and Flight Tests for Grant of Aerial Mustering Endorsements Approval 2023 (Cth), a record of the following details must be made by the person conducting the training as soon as practicable after the successful completion of flight training by an applicant, and kept by the operator...	(b) meets the relevant requirements in table 61.1075 for the grant of the endorsement (other than the requirement for at least 5 hours of dual flight while receiving training in aerial mustering). (7) A course completion certificate must be issued to an applicant who successfully completes the flight training that spe...	1
What are the possible avenues for an applicant to challenge a joint liquidators payment under the Corporations Law in the Commonwealth jurisdiction?	Under the Corporations Law in the Commonwealth jurisdiction, an applicant can challenge a joint liquidators payment through several avenues. These include an appeal under section 1321, a complaint to the Court under section 536 (1), seeking the removal of the joint liquidators under section 473 (1), and with the leave ...	2. It is significant that an appeal under section 1321 of the Corporations Law is one of a number of avenues which the Applicant may follow to challenge the joint Liquidators payment, including a complaint to the Court under section 536 (1) Corporations Law; to seek the removal of the joint Liquidators under section 47...	1
In the case of R v Pieter Helmhout & Ors [2000] NSWSC 186, what was the court's decision regarding the trial of Pieter Helmhout and his co-accused, Mark Helmhout?	In the case of R v Pieter Helmhout & Ors [2000] NSWSC 186, the court decided that due to the risk of the Crown case against Pieter Helmhout being made stronger by the impact of the Mark Helmhout record of interview upon the jury, the indictment should be severed. Therefore, Pieter Helmhout was directed to be tried sepa...	2 The case against the accused, Pieter Helmhout, will depend in large measure upon the evidence of the witness Edward Szkudelski. The version of events that the Crown anticipates Mr Szkudelski will give receives, on a view, strong support from the account given by Mark Helmhout in his interview. The Crown frankly conc...	1
In the case of SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23, what was the nature of the interaction between Mr. Marcus Nicholls, owner of Akuna Care Pet Hotel, and the Cessnock City Council?	In the case of SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23, Mr. Marcus Nicholls, owner of Akuna Care Pet Hotel and director of Akuna Care Pty Limited, was contacted by Ms Jenny Lange, Environmental Health Officer of the Council. Ms Lange communicated that the Council was considering building a ne...	Evidence 15The Applicant read in part and subject to relevance, the affidavit of Marcus Nicholls, owner of Akuna Care Pet Hotel and director of Akuna Care Pty Limited, filed on 28 October 2011. Mr Nicholls is not related to or involved with the Applicant. Akuna Care Pet Hotel operates 72 boarding kennels on 10 acres of...	1
What were the orders made by the court in the case of Jeray v Blue Mountains City Council [2011] NSWLEC 135?	In the case of Jeray v Blue Mountains City Council [2011] NSWLEC 135, the court made the following orders: 1. The applicant's Amended Notice of Motion dated 1 July 2011 is dismissed. 2. Costs reserved. 3. Case management of the proceedings is stood over to a date to be agreed among the parties or otherwise determined b...	Further conduct of the proceedings 61Since February last, this Court has made orders and given directions in an attempt to have the rehearing of the matter undertaken. Case management has been commenced but not concluded. The process ought to be concluded promptly and a hearing date fixed. 62With this in mind, I propos...	1
In the case of ASIC v Hutchings [2001] NSWSC 522, what was the court's stance on the winding up of the third and fourth defendants?	In ASIC v Hutchings [2001] NSWSC 522, the court held that the fact that the third defendant held its interest in a real estate property on trust for the partnership did not provide sufficient ground for its winding up. Similarly, the fact that Tindall was the sole director and secretary of the fourth defendant, Jadam, ...	19 ASIC seeks orders that the third and fourth defendants be wound up on the just and equitable ground. The fact that the third defendant has held its interest in a real estate property on trust for the partnership does not in itself provide sufficient ground for its winding up. Far more evidence will be needed to jus...	1
What are the compliance requirements for the inspection of the carburettor airbox alternate air valve as per the AD/CHA/14 - Carburettor Airbox Alternate Air Valve (Cth) under the Commonwealth of Australia's Civil Aviation Regulations 1998?	Under the Commonwealth of Australia's Civil Aviation Regulations 1998, specifically the AD/CHA/14 - Carburettor Airbox Alternate Air Valve (Cth), the carburettor airbox alternate air valve must be inspected for cracking and security of attachment within 100 hours time in service after 31 October 1975 and thereafter at ...	COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY SCHEDULE OF AIRWORTHINESS DIRECTIVES American Champion (Aeronca, Bellanca) Series Aeroplanes AD/CHA/14 Carburettor Airbox Alternate Air Valve 10/75 Applicability: Models: 7ECA with S/Nos 723-70 and subsequent. 7G...	1
In the case of Nguyen v Minister for Immigration & Citizenship [2007] FCAFC 38, what were the circumstances surrounding the client's application for a Sponsor (Partner) Visa?	In the case of Nguyen v Minister for Immigration & Citizenship [2007] FCAFC 38, the client married Nguyen Van Tri on 4 February 2001 and lived together until June 2001. During this period, the client was encouraged by Nguyen Van Tri to apply for a Sponsor (Partner) Visa on the basis that she could stop studying and car...	“On 4 February 2001 my client married [Nguyen Van Tri] at a Civil Ceremony at 23 Irene Street Picnic Point New South Wales witnessed by two persons…During the period 4 February 2001 and beginning June 2001 my client and [Nguyen Van Tri] lived together as man and wife at 3/4 Bold Street, Cabramatta New South Wales….Duri...	1
What was the decision of the Court of Appeal in the case of CONTAINERS v SUTHERLAND SHIRE COUNCIL [1997] NSWCA 14?	In the case of CONTAINERS v SUTHERLAND SHIRE COUNCIL [1997] NSWCA 14, the Supreme Court of New South Wales, Court of Appeal, presided over by Mason P and Priestley JA, refused the leave. The reasons for this decision were not explicitly stated but were said to be apparent from the dialogue that occurred between the Cou...	1 CONTAINERS v SUTHERLAND SHIRE COUNCIL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL 5 MASON P and PRIESTLEY JA 28 April 1997 [1997] NSWCA 14 10 Mason P. In this matter leave is refused. The reasons will be apparent from the dialogue that has occurred between the Court and the Council’s solicitor. The application...	1
In the case of Applicant NARE of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1248, what was the reason the applicant did not disclose the source of the persecution she feared?	In the case of Applicant NARE of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1248, the applicant did not disclose the source of the persecution she feared because she was afraid that if she disclosed it in Australia, she would still be at risk in Australia, and if she was obliged to ...	3. he failed to determine that the Refugee Review Tribunal erred in that it failed to consider that even if, my former de facto husband was killed for non-political reasons, (which I deny) the threats and persecution which I received could still have been for political or other reasons coming within the Convention def...	1
What is the requirement set out in the Airworthiness Directive AD/DO 328/54 - Rudder Pedal Adjustment under the Commonwealth secondary legislation?	The Airworthiness Directive AD/DO 328/54 - Rudder Pedal Adjustment under the Commonwealth secondary legislation requires action in accordance with LBA AD 1998-289 for Model 328-100 aircraft, serial numbers 3005 through 3095. This action must be taken before 31 March 2006, unless already accomplished. The directive beca...	AIRWORTHINESS DIRECTIVE For the reasons set out in the background section, the CASA delegate whose signature appears below issues the following Airworthiness Directive (AD) under subregulation 39.001(1) of CASR 1998. The AD requires that the action set out in the requirement section (being action that the delegate con...	1
What were the assertions made by Mr. Renet in the case of Renet v The Owner - Strata Plan SP22143 [2023] FCA 631?	In the case of Renet v The Owner - Strata Plan SP22143 [2023] FCA 631, Mr. Renet made several assertions. He claimed that he had tried to be reasonable and resolve the issue with the Strata Plan over many years, and that his current predicament was due to the Strata Plan's unreasonable failure to resolve the matter wit...	(v) that he had undertaken over many years to try and be reasonable and resolve it with the Strata Plan and that he is in this predicament by virtue of the Strata Plan’s unreasonable failure to resolve the matter with him; (vi) where he asserted that the primary judge’s costs orders, both arising from the making of th...	1
In the case of AUY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 350, did the Immigration Assessment Authority (IAA) consider both subparagraphs (i) and (ii) of s 473DD(b)?	In the case of AUY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 350, the Immigration Assessment Authority (IAA) considered subparagraph (i) of s 473DD(b) but did not consider subparagraph (ii) of the same section. The IAA considered the "new information" issue in rela...	12 As this paragraph makes clear, it is necessary for the IAA to consider the criteria specified in both subparagraph (i) and subparagraph (ii) of s 473DD(b). Thus, even where the IAA considers that subparagraph (i) is satisfied, it is incumbent on the IAA to consider whether or not subparagraph (ii) is satisfied. 13 I...	1
In the case of The Estate of Vass Naidoo [2020] NSWSC 1, who was granted the letters of administration and how was the estate distributed?	In The Estate of Vass Naidoo [2020] NSWSC 1, the letters of administration with the informal will dated 20 April 2006 annexed were granted to the second plaintiff, who was the wife of the deceased. The estate, which was worth approximately $316,000 and comprised the proceeds of a life insurance policy, was distributed ...	Judgment 1. These proceedings were contested proceedings for probate and/or a grant of letters of administration. The proceedings involved an informal document which was alleged by the plaintiffs to constitute the deceased’s last will. The second plaintiff was the wife of the deceased and the first plaintiff was the se...	1
Who were the applicants and respondents in the case of Mushroom Industry Employees (State) Award [2007] NSWIRComm 1075?	In the case of Mushroom Industry Employees (State) Award [2007] NSWIRComm 1075, the applicant was the Australian Workers Union New South Wales. The respondents were Australian Business Industrial, Australian Federation of Employers & Industries, NSW Farmers (Industrial) Association, and Australian Industry Group New So...	Industrial Relations Commission of New South Wales CITATION: Mushroom Industry Employees (State) Award [2007] NSWIRComm 1075 APPLICANT Australian Workers Union New South Wales PARTIES: RESPONDENTS Australian Business Industrial Australian Federation of Employers & Industries NSW Farmers (Industrial) Association Austral...	1
What was the purpose of the application by CSR in the Federal Court of Australia on 28 March 2003, as per the decision in CSR Limited [2003] FCA 82?	In the decision of CSR Limited [2003] FCA 82, the application by CSR was seeking the approval of a compromise or arrangement between CSR and its members. This was to be agreed to by resolution to be considered, and, if thought fit, passed by the meeting of such members.	TAKE NOTICE that at 9:30 am on 28 March 2003, the Federal Court of Australia at Law Courts Building, Queens Square, Sydney NSW 2000 will hear an application by CSR seeking the approval of a compromise or arrangement between CSR and its members if agreed to by resolution to be considered, and, if thought fit, passed by ...	1
Who was the applicant in the case of Sen v Doors Plus Pty Ltd [2006] NSWIRComm 85?	In the case of Sen v Doors Plus Pty Ltd [2006] NSWIRComm 85, the applicant was Orkun James Sen.	JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Staff J 8 March 2006 Matter No IRC 5168 of 2005 ORKUN JAMES SEN v DOORS PLUS PTY LIMITED Application by Orkun James Sen pursuant to s 84 of the Industrial Relations Act 1996 re unfair dismissal EX TEMPORE DECISION [2006] NSWIRComm 85 1 This matte...	1
Under what circumstances can an appellate court in New South Wales set aside a jury's finding that a publication was not defamatory?	According to the decision in Australian Broadcasting Corporation v Reading [2004] NSWCA 411, an appellate court in New South Wales can set aside a jury's finding that a publication was not defamatory only under certain circumstances. These include when the publication contains a "plain and obvious defamation incapable ...	“[19] Occasions for invading the jury’s function occur even less frequently when the jury has found that a publication is not defamatory. Rarely have appellate courts set aside a jury’s finding that a publication was not defamatory. So rarely has it been done that in 1928 in Lockhart v Harrison,9 Lord Buckmaster could...	1
In the case of Buckley v R [2021] NSWCCA 6, how did the court consider the applicant's mental health issues in relation to his sentencing?	In Buckley v R [2021] NSWCCA 6, the court did not find the applicant's mental health issues, including schizophrenia, anxiety, and depression, to lessen his moral culpability for the offences he committed, as there was no evidence that these issues were causally related to his offending. However, the court did consider...	98. In regard to the applicant’s mental health issues involving schizophrenia as well as anxiety and depression for which he is being treated in custody, I am of the view that these should not be found to lessen the applicant’s moral culpability in relation to the offending for which the applicant is being sentenced, i...	1
What were the orders and directions given by the court in the case of Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited (No 2) [2013] FCA 1201?	In the case of Novartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited (No 2) [2013] FCA 1201, the court ordered that the notice to produce dated 6 November 2013 is set aside insofar as it seeks the production of communications the subject of legal professional privilege. The court also ordered the applica...	JUDGE: ROBERTSON J DATE OF ORDER: 18 NOVEMBER 2013 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The notice to produce dated 6 November 2013 is set aside insofar as it seeks the production of communications the subject of legal professional privilege. 2. The applicant pay the respondent’s costs of the interlocutory appl...	1
In the case of Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155, what is the plaintiff seeking in relation to the Facilitation Fee Top-up?	In the case of Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155, the plaintiff is seeking that even if the Facilitation Fee Top-up is unenforceable as a penalty, it should be considered as Guaranteed Money under the terms of the Guarantee, or as an amount for which the Guarantor is liable to indemnify Lepcanfin, as ...	a. Secured Money under the Mortgage (as defined in clause 1.1 of the Mortgage and set out in para 31(a) above). b. Guaranteed Money under the Guarantee (as defined in clause 1.1 of the Guarantee and set out in paragraph 30(a) above). c. Money Owing under the Facility Agreement (as defined in clause 1.1 of the Facility...	1
What was the determined value of the land known as Lot 1184 in Deposited Plan 762595, located at Ivanhoe Road, Balranald NSW 2715, according to the Valuer General's issued land value as at 1 July 2019?	According to the Valuer General's issued land value as at 1 July 2019, the determined value of the land known as Lot 1184 in Deposited Plan 762595, located at Ivanhoe Road, Balranald NSW 2715, was $79,000. This information is found in the decision of Balranald Gypsum Pty Ltd v Department of Planning Industry and Enviro...	Background 2. The title to the land is Lot 1184 in Deposited Plan 762595 with an address known as Ivanhoe Road, Balranald NSW 2715 (the Land). 3. The Land has an area of 148.09ha and it is zoned RU1 (Primary Production) zone under the Balranald Local Environmental Plan 2010. 4. The land is valued having regard to s 14F...	1
What principle does section 427(1)(d) of the Act embody according to the decision in Minister for Immigration & Ethnic Affairs & Anor v Singh, Surjit [1997] FCA 354?	According to the decision in Minister for Immigration & Ethnic Affairs & Anor v Singh, Surjit [1997] FCA 354, section 427(1)(d) of the Act embodies the principle that if an asylum applicant's account appears credible, they should, unless there are good reasons to the contrary, be given the benefit of the doubt.	The paragraph continues: "Even such independent research may not, however, always be successful and there may also be statements that are not susceptible of proof. In such cases, if the applicant's account appears credible, he should, unless there are good reasons to the contrary, be given the benefit of the doubt." It...	1
Who was called as an expert witness in the case of Stephen Finlay McMartin v Newcastle Wallsend Coal Company Pty Limited and ors [2003] NSWIRComm 392?	In the case of Stephen Finlay McMartin v Newcastle Wallsend Coal Company Pty Limited and ors [2003] NSWIRComm 392, Mr Darrel Adam was called by the prosecution as an expert witness.	JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM : Staunton J DATE: 4/11/2003 Matter No's IRC 3198/00 - 3249/00 Stephen Finlay McMartin v Newcastle Wallsend Coal Company Pty Limited & others Prosecutions pursuant to s15(1), s16(1) and s50(1) of the Occupational Health and Safet...	1
What were the key issues in the case of Volt Australia Ltd & Anor v. Directories (Australia) Pty Ltd & Ors [1985] FCA 231?	In the case of Volt Australia Ltd & Anor v. Directories (Australia) Pty Ltd & Ors [1985] FCA 231, the key issues revolved around misleading or deceptive conduct and passing off. The case involved the similarity of the name under which the applicant intended to trade and the name under which the respondent had traded in...	CATCHWORDS - Trade Practices Misleading or deceptive conduct- passing off - Similarity of name under which applicant intends to trade name under which respondent has traded in similar business over long - period Similarity of name under which respondenth as sought to incorporate a company to name under which applicant ...	1
In the case of Yang v Westpac [2011] NSWSC 180, what was the court's view on the credibility of Ms Wong?	In the case of Yang v Westpac [2011] NSWSC 180, the court did not alter its view of the credibility of Ms Wong despite the course of events. The court preferred the evidence of Ms Wong to that of Mr Yang.	57The most likely explanation is that Ms Wong got Mr Yang to sign before those details were obtained and, an agreement having been reached that the fee would be a $1,000, she changed the $660, added the dates and signed having obtained the information from Mr Yu. 58While that course of events is not desirable, it does ...	1
What was the estimated value of the site at 1/5 Laman Street with and without development consent for the construction of 14 units, according to the real estate agents Raine & Horne in the case of Toyama Pty Ltd v Landmark Building Developments Pty Ltd [2006] NSWSC 83?	In the case of Toyama Pty Ltd v Landmark Building Developments Pty Ltd [2006] NSWSC 83, the real estate agents Raine & Horne estimated that the value of the site at 1/5 Laman Street with development consent for the construction of 14 units was $1,800,000, but without development consent, the value was $1,400,000.	7 The house was divided into two self-contained residences. After November 1998, a director of Landmark, Mr Barrak, stayed at the property from time to time during holiday periods and weekends. Between 3 February 1999 and 3 August 1999, the property known as 1/5 Laman Street was occupied by tenants. This property was ...	1
In the case of Portaccomm Building Systems Pty Ltd v Southern Sheet & Coil Pty Ltd [2013] NSWCA 123, what was the financial situation of the first appellant and how did it affect the balance of convenience?	In the case of Portaccomm Building Systems Pty Ltd v Southern Sheet & Coil Pty Ltd [2013] NSWCA 123, the financial statements of the first appellant were in evidence but not those of the other companies in the group. The financial statements showed a gross annual income of the first appellant's business for the year en...	The balance of convenience 15Whilst the appellants adduced some evidence of their financial position, it was far from satisfactory. Financial Statements of the first appellant were in evidence but not those of the other companies in the group of which the first appellant forms part. One reason that this was significant...	1
What is the required frequency of inspection for the Aileron Lever on Anson and Avro 19 series aeroplanes according to the Australian Civil Aviation Regulations 1998?	According to the Civil Aviation Regulations 1998 of the Commonwealth of Australia, the Aileron Lever on Anson and Avro 19 series aeroplanes must be inspected at intervals not exceeding 12 months. This is outlined in the Airworthiness Directives AD/ANSON/11.	COMMONWEALTH OF AUSTRALIA (Civil Aviation Regulations 1998), PART 39 - 105 CIVIL AVIATION SAFETY AUTHORITY SCHEDULE OF AIRWORTHINESS DIRECTIVES Avro Anson and Avro 19 Series Aeroplanes AD/ANSON/11 Aileron Lever - Inspection 10/62 Applicability: Anson and Avro 19. Document: Avro TSB No. 87. Compliance: At intervals not...	1