|
Citation
|
Judgment date
|
| February 2000 |
|
|
|
29 February 2000 |
|
Oral admissions by a deceased made under oath in prior proceedings are admissible against his estate; related submissions and judgments also admissible.
Evidence – Admissions and declarations against interest – Oral testimony given under oath by deceased in prior proceedings admissible against him; Evidence – Hearsay – death of declarant does not automatically exclude prior viva voce admissions; Evidence – Counsel submissions – admissible when founded on party’s testimony; Evidence – Judgment admissibility – prior judgment admissible when directly decides matter and parties are enjoined.
|
29 February 2000 |
|
|
28 February 2000 |
|
|
17 February 2000 |
|
Adultery inferred from cohabitation and failure to defend justified dissolution and costs against the respondent and co-respondent.}
:[
|
15 February 2000 |
|
An unconditional admission in defence permits entry of judgment on admission for libel; damages to be assessed and costs awarded.
Defamation (libel) – pleadings: express admission in defence – Order 18 Rule 13 deemed admissions – Order 27 Rule 3 judgment on admission – procedural form for motion or summons – assessment of damages and costs.
|
15 February 2000 |
|
Court dissolved a 50:50 partnership, ordered accounting and receiver after finding the defendant breached fiduciary duties.
Partnership law — existence inferable from conduct and registration; partners' fiduciary duties; secret bank account and misappropriation; dissolution, accounting and receiver; Insurance Act and legality of brokerage partnership.
|
15 February 2000 |
|
Forfeiture without affording the owner an opportunity to be heard breaches natural justice; forfeiture quashed and vehicle returned.
Customs and Excise — forfeiture of conveyance — section 145(2), 146(1) and 161(1) — right to be heard — natural justice — administrative fairness (Ridge v Baldwin).
|
11 February 2000 |
|
|
10 February 2000 |
|
|
2 February 2000 |