Results.
16 judgments found.
|
|
|
| May 2026 |
|
|
Sale of matrimonial property set aside for procedural impropriety in valuation and sale; former counsel summoned to show cause.
-
Family Law — Property Distribution — Setting aside ex parte sale order for matrimonial property due to procedural impropriety and lack of transparent valuation procurement
-
Administrative Law — Natural Justice and Public Procurement — Duty to ensure transparency, paper‑trail and avoidance of appearance of bias when a public office appoints a service provider
-
Legal Ethics — Duty of Legal Practitioner — Failure to communicate with client and potential breach of officer‑of‑court obligations (show‑cause proceedings)
|
19 May 2026 |
|
High Court discharged judicial review leave because the dispute is predominantly a private employment matter for the Industrial Relations Court.
-
Administrative law — Judicial review — Public vs private law — Dominant‑factor test for employment suspensions
-
Labour law — Jurisdiction — Industrial Relations Court as specialised forum — Alternative and effective remedy bars High Court judicial review
|
19 May 2026 |
|
|
18 May 2026 |
|
|
15 May 2026 |
|
Claimant proved malicious prosecution and false imprisonment instigated by the defendant, but defamation and special damages failed.
-
Tort — Malicious prosecution — Instigation by private party to police; elements: prosecution by defendant, termination in favour, absence of reasonable and probable cause, malice
|
15 May 2026 |
|
|
15 May 2026 |
|
|
15 May 2026 |
|
|
15 May 2026 |
|
|
13 May 2026 |
|
|
13 May 2026 |
|
|
13 May 2026 |
|
|
11 May 2026 |
|
IRC may determine statutory discrimination claims; discrimination found and compensation to be recalculated without arbitrary boost.
-
Employment law — Workplace discrimination — Recruitment and prospective employees — Employer liability under Employment Act ss 5–7 for discriminatory referral and restoration remedies
-
Civil procedure — Jurisdiction — Industrial Relations Court jurisdiction over statutory discrimination claims but not torts (defamation, breach, inducement) — Employment Act ss 3,7
-
Remedies — Assessment of compensation — Currency denomination and boosting — Dollarization and reassessment ordered; arbitrary percentage boosts set aside
|
8 May 2026 |
|
Application to set aside default judgment dismissed for unexplained delay, lack of meritorious defence and counsel misconduct.
-
Civil procedure — Default judgment — Setting aside — Requirements under Order 12 Rule 21 CPR 2017 — Reasonable cause, meritorious defence, explanation of delay, interest of justice
-
Professional misconduct — Misleading court and unauthorised removal/replacement of court file documents — Abuse of process and adverse effect on relief
|
8 May 2026 |
|
|
8 May 2026 |
|
Whether a blanket prohibition on Indian Hemp possession without a religious exemption unjustifiably limits the applicant's freedom of religion.
-
Constitutional law
-
—
Freedom of religion — Prohibition on sacramental cannabis possession — Justifiable limitation under s44 of the Constitution
-
—
Equality — Facially neutral drug prohibition — Not discrimination where law applies generally
-
Human rights — Human dignity — Criminalisation of religious drug possession — Does not necessarily negate essential content of dignity right
|
8 May 2026 |