Results.
6 judgments found.
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| November 1992 |
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Applicant injured using unguarded grinder; court found he assumed the risk as independent contractor; claim dismissed.
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Tort/Negligence — employment status — independent contractor v. employee — safety of machinery — angle-grinder guard removed — volenti non fit injuria — statutory duty under Factories Act (ss.23, 49) — availability of safety equipment.
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25 November 1992 |
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18 November 1992 |
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Assessment of damages for severe childhood injuries; parents' shock claims not proved; awards granted for pain, future earnings and special expenses.
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Negligence — assessment of damages for severe personal injury; proof required for psychiatric shock claims by relatives; capitalisation of future loss of earnings for a child; refusal to award future medical expenses or loss of expectation of life without specific medical proof; modest awards for disfigurement and proved special damages.
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11 November 1992 |
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The plaintiff was unlawfully arrested by a private person as a 'hostage'; aggravated damages and costs were awarded.
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Tort — False imprisonment — Arrest by private person — Reasonable grounds for arrest under section 33 Criminal Procedure and Evidence Code — Accessory after the fact — Aggravated damages — Police detention without formal complaint — Liability and costs.
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10 November 1992 |
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Section 8 limited to statutory-duty suits; judgment-creditor must issue Petition of Right certificate to the Treasury Secretary to seek satisfaction.
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Civil Procedure (Suits by or against the Government) Act s8 — narrow application to decrees arising from statutory/public duties; Execution against Government — Courts Act s29 and Rules of the Supreme Court (Order 77 r15) prohibit warrants of execution; Petition of Right Act 1860 s13 — certificate procedure and service on Secretary to the Treasury for satisfaction of judgments against the Crown.
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7 November 1992 |
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Plaintiff failed to prove wrongful detention, missing cartons, or paid bond charges; claim dismissed with costs.
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Shipping and warehousing liability — wrongful detention and loss of imported goods — burden of proof on claimant; failure to produce buyer and receipts; missing goods while at Customs not attributable to warehouse operator.
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6 November 1992 |