Results.
107 judgments found.
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| February 2001 |
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Whether the Human Rights Commission may sue in its own name and when it must consult affected persons.
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Human Rights Commission — constitutional and statutory powers — Sections 129 and 130 Constitution; Section 12 Human Rights Commission Act — capacity and standing to sue suo motu or in representative capacity — prohibition on exercising judicial or legislative functions — requirement to consult affected persons before instituting suit — leave for judicial review refused.
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9 February 2001 |
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Appeal confined to evidence before Registrar; new affidavit rejected; damages upheld but loss-of-earnings reduced for tax.
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Civil procedure — appeal from Registrar/assessment of damages — scope of rehearing and admission of new evidence; Evidence — adequacy of petty cash vouchers, invoices and quotations when supported by unchallenged oral testimony; Damages — replacement, repair, funeral expenses, and loss of use; Loss of earnings — deduction for tax
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7 February 2001 |
| January 2001 |
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Insurer liable where no material misrepresentation and policy effective despite unpaid premium; unpaid premium and excess deducted from indemnity.
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Insurance law — misrepresentation and non-disclosure — proposal form — effect of insured’s lack of knowledge of importation values; Insurance law — non-payment of premium — insurer’s conduct in issuing policy treated as waiver; Deduction of unpaid premium and excess from indemnity; Claim for unpleaded contractual interest rejected.
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26 January 2001 |
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Summary dismissal held wrongful; one month’s salary awarded and unpaid overtime/holiday pay ordered, costs on subordinate scale.
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Employment law — summary dismissal — requirement to prove misconduct and call material witnesses — hearsay disregarded — wrongful dismissal where employer fails to prove misconduct; damages limited to earliest lawful termination (one month’s notice) — entitlement to unpaid overtime and holiday/weekend pay.
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16 January 2001 |
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8 January 2001 |
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Provocation is not a defence to grievous harm; conviction upheld on eyewitness, medical and caution statement evidence, sentence reduced to 12 months.
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Criminal law — Grievous harm — Provocation not a defence (relevant only for mitigation) — Conviction upheld where supported by eyewitness evidence, medical report and unwithdrawn caution statement — Sentence reduced for mitigation (youth, first offender, reciprocal injuries)
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1 January 2001 |
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Court confirms convictions but reduces custodial sentences, correcting unlawful default term and ordering concurrent sentences for same‑transaction offences.
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Criminal law — Sentencing — manifestly excessive sentences; guilty pleas and youth as mitigation; concurrent vs consecutive sentences for same transaction; unlawful default custodial term attached to fine; minor mis‑citation of Penal Code not fatal to conviction
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1 January 2001 |