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Citation
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Judgment date
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| August 2022 |
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Employer exposed trained operator to a faulty, unsafe machine; claimant’s injury caused by employer’s failure to ensure safe workplace.
Occupational safety – employer’s duty to provide safe machinery and protective equipment – machine with faulty sensor and repeated repairs – employer exposure of employee to unsafe working environment – causation and negligence.
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29 August 2022 |
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An application to vary a restriction notice was moot after expiry; court refused to grant unpleaded mandatory/declaratory relief.
Corrupt Practices Act s23(1),(3) – Restriction notices – Mootness/overtaken-by-events – Variation of restriction notice – Mandatory/declaratory relief not pleaded – Limits on court making relief beyond the application.
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26 August 2022 |
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Renewal of restriction notice upheld: "show cause" requires cogent reasons, not prima facie proof.
Corrupt Practices Act s.23(3) – renewal of restriction notice – meaning of "show cause" – standard: cogent reasons/sufficient information to justify reasonable belief rather than prima facie proof – mootness of appeals – allegations of judicial bias require concrete evidence.
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16 August 2022 |
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Claimants failed to prove negligence, statutory breach, nuisance or trespass from quarry blasting; suit dismissed with costs.
Quarrying and blasting — negligence — causation and proof — expert measurement of blast frequency, attenuation and charge — nuisance and trespass — materiality and continuity of interference — statutory duty (Explosives Act; Occupational Safety, Health and Welfare Act) — Rylands v
Fletcher — burden and standard of proof in civil cases
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15 August 2022 |
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Claimants failed to prove quarry blasting caused actionable negligence, statutory breaches, nuisance or trespass; claim dismissed with costs.
Tort — negligence — causation and remoteness in blasting cases; nuisance and trespass — requirement of materially excessive or continuous interference; statutory duty under Occupational Safety, Health and Welfare Act and Explosives Act — proof required; Rylands v. Fletcher and res ipsa loquitur — prerequisites and pleading; evidentiary need for blast measurements (frequency, PPV, attenuation)
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15 August 2022 |
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Ex parte judicial-review permission and stay discharged where claimants lacked standing due to material non-disclosure.
Judicial review — permission and interim relief — inherent jurisdiction to vacate ex parte orders; Locus standi — sufficient interest; Material non-disclosure — duty of full and frank disclosure in ex parte applications; Refugee law — status determination and effect of Ministerial rejection; Administrative procedure — phased execution of relocation notice (rural then urban); Costs — awarded where claimants improperly obtained interim relief.
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12 August 2022 |
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Court refused to enhance three-year sentence for unlawful wounding of spouse, finding injury medically superficial and not grievous.
Criminal law – Unlawful wounding – Sentencing – Domestic violence – Whether wound amounts to grievous harm or attempted murder – Sentencing guidelines and assessment of injury severity – Youth and first offender mitigation.
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4 August 2022 |
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Assessment of damages for fatal school accident: loss of expectation of life and dependency awarded, using minimum wage multiplicand.
Negligence — assessment of damages — fatal school accident; loss of expectation of life; loss of dependency; multiplicand and multiplier; use of minimum wage as multiplicand; one-third deduction; party-and-party costs.
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4 August 2022 |