Results.
8 judgments found.
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| September 2001 |
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Court granted divorce for proven cruelty (habitual drunkenness and violence), awarded custody to petitioner and ordered respondent to pay costs.
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Family law — Divorce for cruelty — habitual intoxication and violence as matrimonial offence — petitioner’s sole evidence accepted — decree nisi granted; custody to petitioner; respondent to pay costs — comparative reference to Divorce Reform Act 1969; need for reform of Divorce Act and customary family law procedures
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30 September 2001 |
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Conviction for indecent assault of a child under 14 is unsafe without corroboration; conflicting medical reports created reasonable doubt.
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Criminal law — Sexual offences — Evidence of child complainant under 14 requires corroboration — Medical evidence as corroboration — Conflicting medical reports render conviction unsafe.
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28 September 2001 |
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Missing trial record and uncertain appeal date do not by themselves constitute exceptional circumstances for bail pending appeal.
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Criminal procedure — Post-conviction bail — Exceptional circumstances required — Missing trial record and uncertain appeal date do not alone justify bail — Right of appeal; administrative lapse
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26 September 2001 |
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An acquitted public servant was awarded damages for false imprisonment and malicious prosecution and recovery of withheld salary.
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False imprisonment — short detention with ill-treatment — damages assessed; Malicious prosecution — acquittal entitles plaintiff to damages; Employment law — withheld salary after acquittal cannot lawfully be forfeited; Remedies — award of wages withheld plus costs where defendant defaulted.
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25 September 2001 |
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Power of sale valid after three months; private treaty sales lawful if in good faith; irregularities yield damages only.
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Registered Land Act — demand notice and default (s68) — power of sale after three months (ss60(2),68(2)) — sale by private treaty valid if in good faith (s71) — Registrar approval not strictly fatal — remedy for irregularity is damages (s71(3)).
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20 September 2001 |
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Conviction for conspiracy quashed where court improperly relied on co-accused confessions and failed to prove a single agreement.
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Criminal law — Conspiracy — Admissibility and weight of confessions under s176 Criminal Procedure and Evidence Code — Confessions admissible only against maker unless adopted — Statements to police not in furtherance of conspiracy (res gestae) — Confessions obtained by duress/torture inadmissible or to be given no weight — Burden to prove single agreement among accused.
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19 September 2001 |
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Interim injunction granted to restrain defendant’s occupation of disputed land; widow-signed sale document deemed invalid under Statute of Frauds.
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Land law — interim injunction — trespass and occupation — beneficiary’s locus standi to sue — Statute of Frauds 1677 — validity of purported sale document signed by widow — balance of convenience and irreparable harm.
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18 September 2001 |
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Convictions quashed because the appellants' confessions could not be used against co-accused and no single conspiracy was proved.
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Criminal law — Conspiracy: requirement of proof of a single agreement among alleged conspirators; Confessions/Caution statements — admissible only against maker unless adopted; statements obtained by torture/duress must be given no weight; section 176 Criminal Procedure and Evidence Code; hearsay/res gestae exceptions; appellate reversal for insufficient evidence
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18 September 2001 |