Results.
5 judgments found.
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| December 2004 |
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Respondent not liable where applicant voluntarily operated dangerous machinery contrary to warnings and assignment.
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Negligence — duty of care — foreseeability of harm — breach — safety signage and established safe practice — unauthorized deviation from assigned task — claimant's sole/primary fault.
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31 December 2004 |
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A counsel may not swear an affidavit for a party; originating summons requires affidavit by someone with personal knowledge.
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Civil procedure — Originating summons — Affidavits must be sworn by persons with personal knowledge (Order 41 r.5) — Order 113 r.3 permits statements of belief but does not allow counsel or a third party to swear on behalf of a litigant — Originating summons unsuitable where additional claims beyond possession are sought
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31 December 2004 |
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The plaintiff recovered damages after the court found the defendant’s driver negligent for failing to keep a safe distance and lookout.
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Road traffic negligence — cyclist struck while turning — driver’s duty to keep proper lookout and maintain safe following distance; unpleaded allegations not relied on at trial; assessment of general damages and depreciation for damaged property
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30 December 2004 |
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Court dismissed applicant’s review; summary contempt fines may be imposed on evidential proof without extra hearing when liberty is not affected.
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Contempt of court — summary proceedings — sufficiency of evidential proof — imposition of fines absent deprivation of liberty — procedural safeguards where liberty at stake — review versus appeal.
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23 December 2004 |
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Appeal dismissed: Magistrate’s pre‑trial dismissal was interlocutory and ACB lacked capacity due to unconfirmed Director.
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Criminal procedure — appealability — interlocutory dismissal of charge before trial is not a final, appealable judgment under s52A; Capacity/administrative law — Director of Anti‑Corruption Bureau must be confirmed by Public Appointments Committee under s5; unconfirmed appointee cannot validly prosecute or appeal
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16 December 2004 |