In this matter Greg Walsh acted for the respondent in respect of a matter heard in the District Court and ultimately heard in the New South Wales Court of Criminal Appeal. The case involved a motor vehicle accident and a claim upon an insurance policy – where the term of the police refusing indemnity if, at the time of the event which gave rise to the loss, the motor vehicle was being driven by a person whose faculties were impaired or who was under the influence of alcohol – whether the insurer had established entitlement to refuse indemnity – difficulty of attracting appellate intervention where the trial judge comes to a conclusion in favour of party upon whom the burden of proof does not lie – where there is competing expert evidence – whether trial judge’s conclusions were based on credit where inconsistent with incontrovertibly established facts – whether insured made a fraudulent misrepresentation under s28(2) Insurance Contracts Act 1984 (Cth) – whether the insurer is obliged to pay interest in accordance with s57(2) of the Insurance Contracts Act – the appeal was dismissed and the amount awarded by the District Court Judge in the sum of $224,527.00 was not interfered with.
In this matter Greg Walsh acted for a legal practitioner, namely Liljana Stanoevski, who had her name removed from the Roll of Practitioners by the Administrative Decisions Tribunal. The Appeal Panel of the Administrative Decisions Tribunal upheld the appeal on behalf of Ms Stanoevski in that the Tribunal had failed to take into account a fundamental issue, namely her post-natal depression and sequelae in reaching its findings.
In this matter Greg Walsh represented the appellant, John Clark, in the New South Wales Court of Criminal Appeal. The appellant pleaded guilty to one count under s52A(3)(c) of the Crimes Act 1990 namely driving his motor vehicle in a manner dangerous to the public causing grievous bodily harm. Christie DCJ imposed a fixed term imprisonment of two (2) years to be served by way of periodic detention. No non-parole period was specified. The appeal was upheld and the Court consisting of Wood CJ, Simpson J and Adams J sentenced the appellant to a suspended sentence.
In this matter Greg Walsh represented the plaintiff in civil proceedings being conducted in the Supreme Court of New South Wales. The issue that arose was whether the plaintiff’s legal representative could inspect the psychology file of former Detective Michael O’Donnell produced by the Commissioner of Police upon undertaking a note not to copy any part of it and not to disclose its contents to any person, including the plaintiff unless by further order of the Court. Bell J examined the relationship between Part 36 R13 of the Supreme Court Rules and Part 3.10 of the Evidence Act in granting the plaintiff’s legal representative access to the psychology file.
In this matter Greg Walsh represented the respondent, a solicitor, in respect of an application by the Prothonotary of the Supreme Court seeking a declaration that the name of the solicitor be struck off the Role of Solicitors. The solicitor had pleaded guilty to importing a practicable quantity of cocaine and served a sentence of imprisonment. The Prothonotary applied to have her name removed from the Roll of Legal Practitioners on the grounds that a conviction constituted professional misconduct within the meaning of s127(1)(b) of the Legal Profession Act and that she was not a fit and proper person to remain on the roll. The Court found that the solicitor had been drug free for almost 5 years and that the factual matrix of the case was such that the solicitor was not at risk to the public. The application was dismissed for costs.
In this matter Greg Walsh appeared for Robert Douglas West, a solicitor, in relation to a matter before the Administrative Decisions Tribunal, alleging professional misconduct, a breach of s61 of the Legal Profession Act. The solicitor conceded the breach. The Administrative Decisions Tribunal on 24 November 2003 publicly reprimanded the Legal Practitioner and ordered him to pay the Law Society’s costs.
In this matter Greg Walsh successfully represented the plaintiff in an action for wrongful arrest and false imprisonment.
Greg Walsh represented a successful applicant in relation to leave to appeal to the High Court of Australia and appeal heard by the High Court of Australia on 5 September 2000. The case dealt with the issue of judicial discretion to allow cross-examination of an accused on alleged past misdeeds not directly related to facts and issues and whether the discretion to allow cross examination miscarried. The High Court unanimously held that the trial judge’s discretion had miscarried and quashed the conviction and ordered a new trial.
In this matter Greg Walsh represented the applicant in respect of an interlocutory application seeking the stay of a s.23 surrender warrant pending the finalisation of the proceedings. The basis of the application, inter alia, was that the Applicant was HIV positive and had been in detention pursuant to a warrant issued under s.19 of the Extradition Act since about June 2000. Mr Chan had been HIV positive for about 13 years and medical evidence was to the effect that his health was very precarious and that his life expectancy would be severely compromised. Stone J granted the application and ordered a stay and released Mr Chan from custody pending finalisation of the proceedings.
In this matter Greg Walsh represented the applicant seeking a review of the determination of the Minister for Justice’s decision under s22 of the Extradition Act that Mr Chan was to be surrendered to Hong Kong authorities. It was argued that the Ministers decision was an improper exercise of the power conferred by s22(2) of the Act in that the Minister failed to take into account relevant considerations. Those considerations were:
The increased significance of the Applicant for extradition, trial, and if convicted, a sentence ranging from 3.5 to 5 years given that he is HIV positive and has a life expectancy estimated at only 15 years; and;
Expert forensic documenting examination evidence, concluding that the signatures were allegedly forged by the Applicant, being the basis of the forgery charges giving rise to the extradition request may well be genuine.
Stone J dismissed the application and held, that in effect, the Minister for Justice had not failed to take into account material consideration.
Greg Walsh appeared as Counsel on behalf of Mr MacDonald, having represented him on a pro bono basis in respect of fraud charges.
Greg Walsh represented Mr Adams in a successful action for wrongful arrest, false imprisonment, and malicious prosecution in the District Court Sydney. The plaintiff was awarded $276,000 plus indemnity costs.