Results.
5 judgments found.
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| March 2003 |
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Whether confession and witness evidence sustain arson convictions, and whether intoxication or sentence were misapplied.
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Criminal law — Arson — Sufficiency of evidence — Confession — Automatism — Self-induced intoxication not a defence — Right to silence — Adequacy of investigation — Sentencing proportionality
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31 March 2003 |
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Interlocutory injunction extended where serious triable issue exists over whether rent payments were purchase instalments.
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Interlocutory injunction — American Cyanamid principles — serious triable issue as to whether rentals constituted purchase instalments — balance of convenience — preservation of status quo — expedited hearing
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20 March 2003 |
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Seizure and recovery of underpaid customs duty from an innocent subsequent purchaser is ultra vires; duty must be demanded from the importer.
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Judicial review — Customs duty recovery — Section 91 Customs and Excise Act — protection of innocent subsequent purchaser — seizure ultra vires — locus standi — procedural fairness considered
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11 March 2003 |
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Bail for capital offences requires circumspection and, if evidence shows a possible conviction, exceptional circumstances to justify release.
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Constitutional right to bail (s42(2)(b)) — capital offences — exceptional circumstances test — Bail Guidelines Act 2000 — interest of justice — assessment of evidence on bail
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5 March 2003 |
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Default judgment set aside where defendant established an arguable meritorious defence disputing billed legal fees.
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Civil procedure — Setting aside default judgment — Order 13 r.9 — Requirement to show meritorious/arguable defence on affidavit — Dispute as to billing and quantum of legal fees — Exercise of judicial discretion to preserve fair trial
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3 March 2003 |