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The Petal daily brief for Wednesday 22 July 2026 — and something new: the first of our state editions. One state, every court, one brief. New South Wales: a prisoner's constitutional claim to the lawyer of his choice, a default interest rate priced as a penalty, payroll tax reaching through a cleaning group's contractors, and a planning double on which walls of a planning scheme can move.
Features:
Public Law Desk — two judicial review decisions from the Court of Appeal.
- Hamzy v Commissioner of Corrective Services [2026] NSWCA 140 — Chapter III confers no unfettered right to a lawyer of choice; visitor security screening for extreme high risk inmates valid; the implied freedom of political communication restrains legislative power rather than conferring personal rights; legal unreasonableness requires the absence of an evident and intelligible justification. JADE
- Hika Tarawa Te-Kowhai v Minister for Aboriginal Affairs and Treaty [2026] NSWCA 138 — a statutory body may act through a duly authorised officer without formal delegation; the judicial review applicant bears the onus of proving non-compliance; the presumption of regularity fills evidentiary gaps. JADE
Commercial Law Desk — the interest rate that doubled, and a voidable transaction defence.
- Blackbird First Mortgage Corporation Pty Ltd v Cam Engineering & Construction Pty Ltd [2026] NSWSC 876 — default interest doubling void as a penalty; disproportion shifts the evidentiary burden to the lender; an eight-item checklist of justifying evidence; severance leaves the standard rate running; a Dobbs certificate must conform to the contract's manner and form. JADE
- Westwood Capital Pty Ltd v Darin (liquidator of Portman Securities Pty Ltd) [2026] NSWCA 141 — the s 588FG(2) defence requires every element; suspicion means positive apprehension judged without hindsight; rejected evidence of inquiries leaves an evidentiary void; the guarantee claim fails with the avoided transaction. JADE
Tax Desk — payroll tax and the interposed group.
- Cerisewin Pty Ltd atf Mastercare Administrative Services Trust v Chief Commissioner of State Revenue [2026] NSWSC 877 — employment agency contracts; services procured 'in and for' the client's business; one group company can be the client of another; deemed wages include contractor margins and overheads. JADE
Planning double — which walls move.
- Etherington v North Sydney Council [2026] NSWCA 137 — the s 4.55(2) modification power carries decisional freedom; a whole application may be rejected though elements are acceptable; seek partial approval expressly; remitter terms cannot constrain a discretionary merits outcome. JADE
- Dellimanolis v Canterbury Bankstown Council [2026] NSWLEC 1443 — external road characteristics are not an 'aspect of the development'; the access restriction is a jurisdictional precondition, not a development standard, and cl 4.6 cannot vary it. JADE
Criminal Law Desk — procedure on sentence.
- Colak v R [2026] NSWCCA 108 — an unsigned s 16BA schedule vitiates sentence; no arraignment, conviction or separate punishment on schedule offences; remittal to correct the record and preserve appeal rights. JADE
Practice & Procedure Desk — the rapid file.
- KLH v Northern NSW Local Health District (No 2) [2026] NSWCA 143 — a stay pending special leave requires exceptional circumstances; futility is significant but not determinative against the balance of convenience. JADE
- Keybridge Capital Ltd v Bolton (No 3) [2026] NSWCA 142 — costs follow the event; an incidental unsuccessful contention at no significant added cost does not displace the general rule. JADE
- Kedwell v Clarence Colliery Pty Limited [2026] NSWCA 139 — failing to determine a pleaded disease-aggravation limb is an error of law; a judge's independent causation theory must be put to the parties; remittal where facts are untested. JADE
Also on the docket
- Mulroe v Central Coast Council [2026] NSWLEC 1444 — merits appeal decided on navigational safety grounds. JADE
Some matters this episode concern child abuse material offences and compulsory medical treatment; they are reported as legal doctrine only. Produced by BarNet OpenLaw, the creators of JADE, from The Petal's New South Wales edition of 22 July 2026. The voices in this program are AI-generated. Nothing in this program is legal advice.
Theme music by Michael Green SC.