Results.
5 judgments found.
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| October 2000 |
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Section 80(2) requires a majority of votes cast, not a majority of all registered voters, to elect the President.
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Constitutional interpretation — Election law — Meaning of "majority of the electorate" in s80(2) — Majority of votes cast, not of all registered voters — PPE Act s96(5) consistent with Constitution — Limited weight to legislative history
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22 October 2000 |
| August 2000 |
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Appeal allowed: respondents failed to prove false imprisonment or slander; aggravated damages require specific pleading.
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Tort — False imprisonment: liability where defendant or agent makes a charge procuring police arrest; distinction between laying information and making a charge; burden of proof on claimant
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Defamation — necessity of proving the words as pleaded
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Damages — special and aggravated damages must be specifically pleaded with particulars
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24 August 2000 |
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Insufficient Turnbull warning was outweighed by fingerprint and caution-statement corroboration, so conviction was upheld.
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Criminal law — Visual identification — Dock identification — Turnbull warning required; Fingerprint evidence as corroboration; Caution statement; Safety of verdict; Missing exhibits explained
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14 August 2000 |
| April 2000 |
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Registration of a UK arbitration award upheld because arbitrators validly had jurisdiction under a concluded contract.
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Arbitration — Registration of foreign arbitration awards — British and Commonwealth Judgments Act — Enforcement under Arbitration Act (ss.27, 37, 38) — Jurisdiction of arbitrators — Existence of contract determined by documentary evidence
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16 April 2000 |
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Procedural defects in treating a witness as hostile and some misdirection on caution statements were noted, but conviction upheld on credible eyewitness evidence.
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Criminal procedure — hostile witness application — necessity of laying foundation and showing prior statement; Criminal evidence — caution/confession statements — exculpatory statements not evidence of asserted facts but admissible as evidence of making and reaction; Corroboration — no general requirement where single credible eyewitness evidence suffices; Appeal — review of jury verdicts
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16 April 2000 |