Principal Registry - 2017

55 judgments
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Results. 55 judgments found.

55 judgments
December 2017
1 December 2017
October 2017
31 October 2017
Court finds ACB had reasonable and probable cause to arrest and prosecute; all claims dismissed with costs.
  • False imprisonment; malicious prosecution; reasonable and probable cause; evidence of funds transfer and vehicle registration; plea bargaining and state witness arrangement; damages for reputation and loss of income.
13 October 2017
July 2017
Leave to review Anti-Corruption Bureau investigations denied; investigations lawfully justified, no bad faith or prosecutorial decision.
  • Judicial review — Leave to apply — Prosecutorial and investigative discretion of Anti-Corruption Bureau — Reasonableness and bad faith — Delay and three-month rule — Prematurity of challenge to non-existent prosecutorial decision — Right to economic activity and investigative delay.
19 July 2017
June 2017
30 June 2017
8 June 2017
1 June 2017
May 2017
22 May 2017
11 May 2017
4 May 2017
April 2017
28 April 2017
27 April 2017
27 April 2017
26 April 2017
26 April 2017
Court quashed the respondent’s prosecution decision and granted permanent stay for lack of evidence and procedural irregularity.
  • Judicial review — prosecutorial discretion — leave to apply for judicial review — per incuriam/estoppel/suppression — Wednesbury unreasonableness — abuse of process — Corrupt Practices Act and Criminal Procedure & Evidence Code procedural compliance — permanent stay of prosecution and certiorari.
24 April 2017
21 April 2017
21 April 2017
21 April 2017
20 April 2017
20 April 2017
19 April 2017
13 April 2017
13 April 2017
11 April 2017
11 April 2017
11 April 2017
5 April 2017
4 April 2017
2 April 2017
March 2017
Application to suspend enforcement dismissed for being improperly brought under Order 28 r.48 absent enforcement proceedings.
  • Civil procedure — Stay/suspension of enforcement — Order 28 r.48 CPR — enforcement order required before suspension application — threshold competence — procedural dismissal.
27 March 2017
January 2017
31 January 2017
31 January 2017
27 January 2017
25 January 2017
24 January 2017
19 January 2017
18 January 2017
18 January 2017
17 January 2017
13 January 2017
13 January 2017
11 January 2017
11 January 2017
Section 184(1)(c) is unconstitutionally vague and permits arbitrary, discriminatory arrests, violating multiple fundamental rights.
  • Constitutional law — Criminal law — Vagrancy offence (s.184(1)(c) Penal Code) — Vagueness and arbitrariness — Presumption of innocence and due process — Limitation clause (s.44) — Remedy: declaration of invalidity; legislative and executive measures.
10 January 2017
10 January 2017
10 January 2017
9 January 2017
6 January 2017
6 January 2017