Monthly Archive September 1999

Rapson v Wright & Ors (1999) (Unreported)

In this matter Greg Walsh represented Dr Rapson and his wife in respect of an action for a permanent stay of proceedings arising from the charging of Dr Rapson and his wife in respect of an incident in respect of a dressage horse, such charges having been initiated by a police officer and others alleging that they had ill-treated the dressage horse just prior to it having completed in a dressage event at Sutherland. Hamilton J found for the plaintiff and declared that the charges and the criminal proceedings were an abuse of process and stayed the proceedings.

Greg Walsh also represented plaintiffs in respect of obtaining orders for prohibition arising from a Magistrate’s refusal to disqualify himself for bias.

Rapson v Wright (1999) NSWSC 566

In this matter Greg Walsh represented the successful plaintiff’s in respect of a variation order made by Hamilton J permanently staying the proceedings so as to enable the proceedings in the Local Court to be withdrawn and dismissed. Such an application arose from a refusal on the part of the Magistrate at Sutherland to in fact dismiss the criminal charges in respect of the plaintiffs.

Provost v John Fairfax Pty Ltd (1999)

Represented the plaintiff in civil proceedings for defamation in the Supreme Court of New South Wales and obtained an award of damages for the plaintiff.

Woodham v Nationwide News & Anor (1999)

Represented Mr Woodham in a civil action for defamation arising from publication in The Australian newspaper. The jury entered a verdict as to findings in favour of the plaintiff.

Bell v Read (1999)

Represented on a pro bono basis an Aboriginal plaintiff in a Civil Action with respect to professional negligence at Wagga Wagga.

Rapson v Wright & Anor (1999, Unreported, NSWDC)

In this matter Greg Walsh represented the plaintiffs, Dr Rapson and his wife, in a civil action in respect of malicious prosecution. The plaintiff’s were successful and verdict was entered in their favour, each receiving $100,000.

Farrell v Star City Casino (1999)

Represented the plaintiff in a successful civil action for assault and false imprisonment arising from the conduct of a bouncer at Star City Casino in Sydney.

Pelechowski v Registrar of Court of Criminal Appeal [1999] HCA 19

In this matter Greg Walsh represented Mr Pelechowski arising from his conviction and sentence for contempt by the New South Wales Court of Criminal Appeal. Mr Walsh appeared on a pro bono basis and obtained bail from Gummow J in the High Court of Australia. Mr Walsh also appeared in the successful appeal which raised important issues as to the power of the District Court Judge to make a Mareeba Order. The High Court held that that judge did not have the power to make the order that gave rise to the contempt proceedings in the Court of Appeal.

JD v Director of Public Prosecutions (1999) NSWSC 878

In this matter Greg Walsh represented the plaintiff in an application to the Supreme Court seeking relief arising from a decision by a Magistrate that he had no power to award costs arising from the dismissal of charges at a committal hearing. The Magistrate had ruled that he was functus offico at the time that the application for costs was made. Hidden J held that this was not the case and that the Magistrate had the power to award costs.

R v Rapley (1999) NSWCCA 302

In this matter Greg Walsh represented the respondent in respect of a Crown Appeal.

R v Giri and Karki (1999) NSWSC 126

In this matter Greg Walsh appeared before Studdart J in respect of the sentencing of Mr Giri arising from his conviction for murder.

R v Worrell (1999)

Represented on a pro bono basis, Mr Walsh appeared on behalf of the offender in respect of sexual assault upon a young victim. The offender was suffering from severe intellectual impairment and a history of being sexually abused as a child himself.