Results.
9 judgments found.
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| December 2023 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
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Communications law — Tariff regulation (s.74(1)) — Distinction between subscription broadcasting and subscription management services — Scope of licence — Ultra vires review — Delegation to committees (s.15) — Procedural fairness of regulatory enforcement hearing.
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1 December 2023 |
| July 2023 |
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10 July 2023 |
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Assessment of wrongful-death damages: valuation of loss of expectation of life and dependency with inadequate income evidence.
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Wrongful death — Assessment of damages — Loss of expectation of life — Loss of dependency — Multiplicand and multiplier method — Use of minimum wage where income evidence lacking — Special damages and costs.
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4 July 2023 |
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Applicant’s rush to appellate court was premature; lower court’s decision to hear matter inter partes was within its CPR case-management discretion.
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Administrative law — judicial review — leave to apply and interim injunction — ex parte v inter partes hearings — case management discretion under CPR — balance of convenience and public interest in stays of administrative decisions.
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4 July 2023 |
| June 2023 |
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Assessment of damages for retained surgical pack causing prolonged injury; infertility claim not established by medical evidence.
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Medical negligence — retained surgical pack after caesarean — prolonged infection and multiple surgeries — assessment of quantum for pain and suffering, loss of amenities and disfigurement — inability to prove infertility without medical evidence — ex parte assessment after strike‑out of defence — reliance on comparable precedents and consideration of currency devaluation.
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28 June 2023 |
| March 2023 |
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Assessment of damages for two accident victims: awards for general damages, nominal future loss due to insufficient income proof.
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Damages — Personal injury; assessment of quantum for pain and suffering, loss of amenities and disfigurement; loss of earnings and earning capacity — proof of pre-accident income and use of multiplicand/multiplier — nominal awards where income evidence lacking.
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31 March 2023 |
| February 2023 |
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First offenders convicted of misuse of public office and influence received three-year sentences suspended for two years due to no loss and mitigating factors.
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Corruption offences — Misuse of public office (section 25B(1)) — Influencing public officer (section 25(2)) — Sentencing: breach of trust, planning, no actual loss, first offenders — Suspension of sentence under sections 339 and 340 Criminal Procedure and Evidence Code.
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27 February 2023 |
| January 2023 |
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Application for stay under Order 28 r48 was procedurally incompetent absent an existing enforcement order; applicant given leave to refile.
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Civil procedure — Stay of execution pending appeal — Order 28 rule 48 requires an existing enforcement order — prerequisites for stay: serious issue, inadequate damages, status quo, relative strength of case — procedural competence.
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27 January 2023 |
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Permission to seek judicial review denied where applicant failed to establish an arguable case or show ownership of impounded timber.
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Administrative law — Judicial review — Leave to apply for judicial review — Applicant must show an arguable case; insufficient, inconsistent documentary evidence; section 42(2)(b) inapplicable where applicant was not arrested.
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18 January 2023 |