Results.
6 judgments found.
|
|
|
| October 2015 |
|
|
|
30 October 2015 |
|
Chief Justice recused for reasonable apprehension of bias and ceded certification power under inherent jurisdiction.
-
Constitutional procedure — Certification of constitutional proceedings — Whether Chief Justice may certify after prior involvement in related inquiry
-
Judicial bias — Recusal — Reasonable apprehension of bias where a judge previously chaired an inquiry into matters before the court
-
Inherent jurisdiction — Delegation of statutory power — Ceding Chief Justice’s certification authority to another judge in the interests of justice
|
28 October 2015 |
|
|
26 October 2015 |
|
Registration of a vehicle creates a rebuttable presumption of ownership which may be displaced by uncontradicted evidence of prior sale.
-
Tort — Motor vehicle negligence — Ownership presumption arising from registration and its rebuttal
-
Evidence — Hearsay and admissibility — Reliance on uncontradicted employee testimony to prove prior sale
-
Procedure — Third‑party notice — Effect of third parties’ failure to plead or appear
|
13 October 2015 |
|
In customary marriages matrimonial property may be "held jointly" despite registration in one spouse’s name and should be fairly divided under the Constitution.
-
Family Law
-
—
Matrimonial Property — Customary marriage — Fair disposal and joint holding under Constitution s 24(1)(b)(i)
-
—
Maintenance and Property — Interaction of s 24(1)(b)(ii) maintenance obligations with property distribution
|
7 October 2015 |
|
Whether the respondent’s report amounted to laying a charge, giving rise to false imprisonment and defamation, but not malicious prosecution.
-
False imprisonment — distinction between reporting a crime and laying a charge; Defamation — false statement, publication and reputational injury; Malicious prosecution — requirement of procuring/procurement, absence of malice and probable cause; Civil burden of proof — balance of probabilities.
|
7 October 2015 |