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| June 1986 |
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Decree nisi granted for divorce on cruelty and desertion; adultery allegation dismissed as hearsay.
Family law – Divorce – Grounds: cruelty and desertion proved; adultery allegations dismissed as hearsay and no co-respondent joined – Undefended petition standard – Custody, maintenance and costs.
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30 June 1986 |
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17 June 1986 |
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Mother with chronic illness granted custody of four children; father ordered to pay child maintenance and permanent alimony.
Family law — custody — welfare of the child paramount over parental health or comparative wealth; stability and existing arrangements considered. Family law — maintenance — assessment of means; inadequate disclosure justifies increased maintenance and permanent alimony
Access — reasonable access to non-custodial parent
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9 June 1986 |
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An originating summons was inappropriate due to factual disputes; proceedings must continue as if begun by writ with pleadings.
Civil procedure – originating summons inappropriate where substantial disputes of fact exist; matters requiring viva voce evidence must proceed by writ – Order 28/8(1) – pension entitlement claims involving factual disputes; counterclaim for money paid by mistake requires pleadings and oral evidence.
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6 June 1986 |
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Report to police about suspected theft did not amount to laying a charge; false imprisonment and chickens' loss claims dismissed.
False imprisonment — whether reporting suspected theft to police amounts to laying a charge — actionable false imprisonment requires laying a charge; employer's report to police may be mere communication of facts; credibility assessment; loss of property — causation and proof required.
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3 June 1986 |