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Citation
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Judgment date
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| May 2000 |
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Whether "majority of the electorate" requires a majority of votes cast or of registered electors.
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18 May 2000 |
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Demanding money under threat without an overt act of taking is not attempted theft but may constitute extortion.
Criminal law — Attempt (section 400 Penal Code) — mens rea and overt act requirement; Attempted theft — asportation vs conversion; Demand for money without taking insufficient for attempt; Extortion by threats (section 305(a)) — wrong charge; Section 152 — attempt conviction permissible only when substantive offence charged.
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11 May 2000 |
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Interim injunction refused; disputed directorship/resignation and balance of justice required maintaining status quo pending trial.
Interim injunctions — ex parte relief and urgency; American Cynamid principles — triable issue, adequacy of damages, undertaking as to damages, balance of justice; mandatory interlocutory injunction — high threshold; company law — effectiveness of resignation, group chairmanship vs directorship, oppressive/unfair prejudice under Companies Act.
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10 May 2000 |
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Leave granted to appeal to Supreme Court on whether a judge in chambers can hear Registrar assessment appeals.
Civil procedure — Assessment of damages by District Registrar — proof of special damages by receipts and accountant summaries — Order 18 R19 strike-out of defence — jurisdictional question whether appeals from Registrar on assessment lie to judge in chambers or to Supreme Court.
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9 May 2000 |
| April 2000 |
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Application to discharge injunction dismissed; applicant failed to prove partnership or legal right to trade, so injunction remains.
Civil procedure – application to discharge ex parte injunction – party alleging informal partnership must adduce clear, corroborated evidence; documentary inconsistencies and lack of lawful residence undermine relief – injunction maintained.
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20 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 |
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11 April 2000 |
| March 2000 |
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Applicant argues customs provisions reversing burden of proof violate the constitutional presumption of innocence and fair‑trial rights.
Constitutional law — Criminal procedure — Reverse onus provisions in customs legislation — Presumption of innocence and right to remain silent — Burden of proof shifted to accused — Admissibility of foreign certificates and prima facie evidence — Limitation test under s44 (reasonableness, necessity, international standards) — Invalidation under s5 and remedies under ss46/200.
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29 March 2000 |
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24 March 2000 |
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A lease by agreement is enforceable despite absence of Ministerial consent; injunction granted to restore possession.
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20 March 2000 |
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An equitable agreement to lease creates enforceable lease rights; lack of ministerial consent under the Land Act does not void the lease.
Property law – lease and holding over – equitable agreement to lease and Walsh v Lonsdale – effect of Land Act s.24A and regulation 2(1) – ministerial consent/notification – implied covenants versus voidness – quiet enjoyment – estoppel – mandatory interlocutory injunction.
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19 March 2000 |
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15 March 2000 |
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14 March 2000 |
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8 March 2000 |
| February 2000 |
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29 February 2000 |
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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.
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29 February 2000 |
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28 February 2000 |
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17 February 2000 |
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Adultery inferred from cohabitation and failure to defend justified dissolution and costs against the respondent and co-respondent.}
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15 February 2000 |
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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.
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15 February 2000 |
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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.
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15 February 2000 |
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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).
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11 February 2000 |
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10 February 2000 |
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2 February 2000 |
| January 2000 |
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31 January 2000 |
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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
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31 January 2000 |
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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.
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31 January 2000 |
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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.
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25 January 2000 |
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21 January 2000 |