Results.
9 judgments found.
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| February 2000 |
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29 February 2000 |
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Sworn statements and counsel submissions from prior proceedings by a deceased defendant were admissible against his estate; related judgments admitted.
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Evidence — admissions in prior proceedings by a deceased party — admissibility vs hearsay; counsel’s submissions as admissions; admissibility of prior judgments where parties/business names were enjoined
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29 February 2000 |
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28 February 2000 |
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17 February 2000 |
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Adultery inferred from cohabitation and failure to defend justified decree nisi and costs against respondent and co-respondent.
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Matrimonial law — Adultery — Proof by circumstantial evidence and cohabitation — Failure to defend as corroboration — Decree nisi for divorce granted; costs against respondent and co-respondent
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15 February 2000 |
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Express admission of pleaded defamatory words warranted judgment on admission and referral to assess damages.
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Defamation (libel) — publication and pleaded words — pleadings and admissions — Order 18 Rule 13 (deemed admissions) — Order 27 Rule 3 (judgment on admission) — effect of express unconditional admission — assessment of damages
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15 February 2000 |
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Court dissolved a broker partnership, ordered accounting and receiver, found respondent breached fiduciary duties, and awarded equal division and costs.
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Partnership law — existence inferred from conduct and registration — Partnership Act duties and good faith — Insurance Act does not void broker partnership — dissolution, accounting, receiver appointment, equal division — costs awarded
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15 February 2000 |
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Forfeiture without affording the owner an opportunity to be heard breaches natural justice; forfeiture quashed and vehicle returned.
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Customs and Excise — forfeiture of conveyance — section 145(2), 146(1) and 161(1) — right to be heard — natural justice — administrative fairness (Ridge v Baldwin).
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11 February 2000 |
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2 February 2000 |