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Citation
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Judgment date
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| October 2001 |
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Court granted interlocutory injunction restraining respondent from acting as party president and Leader of Opposition pending determination of quo warranto.
Constitutional & administrative law — quo warranto/information — received English statutes as part of Malawian law — scope of O’Reilly v Mackman and requirement for judicial review — res judicata and judicial review proceedings — interlocutory injunction; balance of convenience; parliamentary immunities and justiciability of internal party disputes.
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21 October 2001 |
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High Court has concurrent jurisdiction over many labour disputes; Industrial Relations Court’s jurisdiction is limited and does not oust ordinary courts.
Constitutional jurisdiction of High Court – Concurrent jurisdiction with Industrial Relations Court – Limits of Industrial Relations Court’s jurisdiction under Labour Relations Act and Employment Act – Distinction between statutory unfair dismissal and common-law contractual/tort remedies – Transfer versus dismissal of proceedings – Injunctive relief in labour disputes.
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16 October 2001 |
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Interlocutory injunction to restrain alleged subletting was justified to preserve the status quo pending trial.
Interlocutory injunction — preservation of status quo pending trial — advertisement as evidence of intention to sublet or transfer — tenancy at will v. subsisting lease — successor in title’s rights and consent to subletting — weight of prior interlocutory findings.
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14 October 2001 |
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Whether students can be convicted under Education Act s57 absent proof of possession/control or adoption of another’s confession.
Criminal law – admissibility of hearsay – confessions – confession admissible only against maker unless adopted – section 176(2) Criminal Procedure and Evidence Code; Education Act s57 – elements: possession/control of exam paper or information and communication/use to benefit or prejudice fair conduct; liability of students requires proof of prior possession or arrangement.
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11 October 2001 |
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An advertisement suggesting transfer of a leased business can justify continuation of an interlocutory injunction to protect landlord rights.
Landlord and tenant — interlocutory injunction — preservation of status quo pending trial — advertisement construed as attempt to sublet or transfer possession — successor in title’s rights — mutual duty to communicate.
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3 October 2001 |
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Interim injunction restraining sale of charged land vacated where sale was registered and damages provide adequate remedy.
Registered Land Act – notice under s.68 and power of sale; effect of land registrar's certificate (s.71(3)) – irregularities remedied by damages; Interlocutory injunction – American Cyanamid test – triable issue and adequacy of damages; Procedural considerations – ex parte/inter partes injunctions.
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2 October 2001 |
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Caring for young children, including a 1.5-year-old, does not alone constitute exceptional circumstances warranting bail in a homicide case.
Criminal law — Bail in homicide — Exceptional circumstances — Childcare responsibilities and breastfeeding infant — S60 Prisons Act — Admission of infant into custody.
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1 October 2001 |