Results.
9 judgments found.
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| August 2001 |
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Adjourning a contempt hearing to another day deprives the court of summary jurisdiction, rendering any subsequent conviction a nullity.
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Contempt of court — Summary jurisdiction lost by adjournment — Requirement to warn potential contemnor before summary charge — Need for formal charge sheet and avoidance of duplicity — Procedural defects render conviction a nullity — Sections 113 Penal Code; Sections 353(2)(a)(i) and 362 Criminal Procedure and Evidence Code.
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31 August 2001 |
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High Court lacks first-instance jurisdiction over Employment Act labour disputes; such claims belong in the Industrial Relations Court.
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Employment law — jurisdiction — High Court's unlimited original jurisdiction (s108) does not displace the Industrial Relations Court's primary procedural role for employment disputes; severance pay — forum — defective commencement — dismissal, not transfer
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30 August 2001 |
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Five-month imprisonment for breach-of-peace offence was unlawful; court ordered immediate release.
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Criminal law — Sentence review — Section 181 Penal Code (conduct likely to cause breach of the peace) — statutory maximum custody three months — “fine and imprisonment” read disjunctively — failure to consider fine, community service, and Sections 339–340 alternatives — review court substituted sentence for immediate release
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30 August 2001 |
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The applicant's illness and alleged alibi do not constitute exceptional circumstances to grant bail in a murder charge.
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Criminal procedure — Bail in capital offences — Exceptional circumstances required; illness not exceptional unless terminal or detention-induced; alibi or weak prosecution case insufficient; bail applications must not become mini-trials
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29 August 2001 |
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An interlocutory injunction preventing an employer recovering company property was discharged as damages were an adequate remedy after termination.
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Interlocutory injunctions — American Cyanamid principles — adequacy of damages as remedy — ex parte applications and nondisclosure/misrepresentation — employer’s right to recover company property after employment termination — publication of notice that employee no longer occupies post.
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24 August 2001 |
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Order 14 summary disposal refused because the disputed cause of the accident was a factual issue requiring a full trial.
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Civil procedure — Order 14 summary disposal — question of law v. fact; Workers Compensation Act s.4(2)(b) — negligence, deliberate self-injury, serious and willful misconduct; requirement of evidence for exclusions under compensation statute.
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23 August 2001 |
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Ex parte interlocutory injunction discharged where applicant deliberately suppressed material facts and misled the court.
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Civil procedure — Ex parte interlocutory injunction — Duty of full and frank disclosure — Suppression of material facts — Order obtained by misrepresentation discharged.
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22 August 2001 |
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Sheriff’s fees (poundage) are due once goods are seized; the party who caused execution is liable even if no sale occurs.
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Sheriff’s fees/poundage — entitlement upon seizure of goods — execution levied but no sale — Courts Act Schedule; Sheriffs Act; local precedents (Maunde; Sheriff v Press Produce) — Re Ludmore distinguished — liability of party initiating execution — court power to order payment of Sheriff’s costs when setting aside execution.
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17 August 2001 |
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Hearing set aside because plaintiff failed to provide for acknowledgment of service and allowed insufficient time after postal service.
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Civil procedure — Originating Summons (Order 7 r.2, Form 10) — requirement to provide for acknowledgment of service and to serve acknowledgment form — postal service deemed effective after seven days — premature hearing where defendant not given full time to acknowledge service — power to set aside hearing and direct amendment
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9 August 2001 |