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Citation
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Judgment date
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| October 2000 |
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Whether 'majority of the electorate' requires majority of registered voters; court held majority of votes cast suffices.
Constitutional interpretation — meaning of "majority of the electorate" in section 80(2) — majority means votes actually cast; relation to PPE Act s.96(5); admissibility/weight of legislative history in constitutional interpretation; electoral law — declaration of president.
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22 October 2000 |
| August 2000 |
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Whether reporting suspected theft to police amounts to procuring arrest and whether aggravated damages require specific pleading.
Civil liability — False imprisonment — Distinction between making a charge (procuring arrest) and giving information; burden of proof on claimant. Defamation — Pleading must match evidence. Damages — Special and aggravated damages must be specifically pleaded and strictly proved.
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24 August 2000 |
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Failure to give a full Turnbull warning was cured by strong fingerprint and caution-statement corroboration, so the appeal was dismissed.
Criminal law – visual identification – Turnbull warning required where identification is central; fingerprint and caution statement as independent corroboration; missing exhibits and safety of conviction.
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14 August 2000 |
| April 2000 |
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Registration of a foreign arbitration award upheld where correspondence and conduct establish an agreement and arbitrators had jurisdiction.
Arbitration — Enforcement and registration of foreign arbitration awards — British and Commonwealth Judgments Act — registration where award made in United Kingdom — jurisdiction of arbitrators — agreement inferred from correspondence and conduct — section 4 grounds for refusing registration.
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16 April 2000 |
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Despite procedural and summing-up misdirections, eyewitness evidence sufficed and the appellant's manslaughter conviction was upheld.
Criminal law – Procedure for treating witness as hostile – prosecution must lay foundation by showing prior statement and putting it to witness; Confession/caution statements – exculpatory statements are not evidence of facts but are evidence of the making and reaction; Corroboration – no general rule requiring corroboration; single eyewitness evidence may suffice; Manslaughter conviction upheld.
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16 April 2000 |