Results.
4 judgments found.
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| November 2005 |
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Pre‑trial murder suspects need not prove "exceptional circumstances"; the State must show interests of justice to deny bail.
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Constitutional right to bail — section 42(2)(e) — pre‑conviction bail — onus on the State to show "interests of justice" — exceptional circumstances not required pre‑trial; exceptional circumstances applicable post‑conviction only — factors: attendance risk, witness interference, re‑offending, personal security — requirement for clear reasons when refusing bail
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15 November 2005 |
| April 2005 |
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Petitioner must prove electoral irregularities affected the result; use of an official vehicle and unsigned forms did not vitiate the election.
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Electoral law — section 100 PPEA — timeliness of petition; no affidavit or prior MEC complaint required; Standard for nullifying elections — petitioner must prove irregularity affected result; Use of public/official resources — lawful use by incumbent Deputy Speaker post‑dissolution not proved to affect result; Verification of voters’ roll — insufficient evidence; Result-of-count forms and signatures — court should rely on primary evidence and not decide issues not pleaded.
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11 April 2005 |
| March 2005 |
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Bank's revocation of irrevocable undertaking was grossly negligent; applicant awarded US$40,875 lost profits, costs halved.
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Contract law — irrevocable letters of undertaking — bank liability — revocation as breach — gross negligence/wilful misconduct — limitation clause inoperative — damages for loss of profits.
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29 March 2005 |
| February 2005 |
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Acceptance by conduct and payment of agreed sums extinguished further assessment and revived claims, including interest and costs.
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Civil procedure — settlement by correspondence and conduct — acceptance by payment — whether out‑of‑court payment extinguishes further assessment of damages, interest and costs
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15 February 2005 |