All courts - 2000 January

5 judgments
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5 judgments
Citation
Judgment date
January 2000
31 January 2000
Defendant liable for false imprisonment where its agents arrested and handed plaintiff to police; defamation and business-loss claims unproven.
Tort — False imprisonment — liability where employer's agents effect arrest and hand over suspect to police; mere reporting differs from making a charge
Defamation — requires publication to third parties and proof of reputational harm
Damages — defendant liable only for period attributable to its actions; police delay reduces defendant's exposure
Evidence — credibility and presence of witness critical; hearsay unacceptable to rebut direct evidence
31 January 2000
Whether statute of limitations bars claims where exile constituted a government‑created disability; Tribunal referral rule depends on commencement date.
Limitation — government‑created disability as exception to statute of limitations; National Compensation Tribunal — constitutional requirement for claims against State post‑18 May 1994; retrospective application — proceedings commenced before constitutional commencement exempt.
31 January 2000
Applicant joined as co-grantee with Administrator General to prevent estate waste and compel production of estate accounts.
Wills and Inheritance Act s.42 – limited grant of letters of administration; Administrator General – retention notwithstanding inaction; joinder of grantee to prevent estate waste; duty to produce estate accounts and timeline for payment of solicitors’ fees; need for representative participation of family branches.
25 January 2000
21 January 2000