Results.
115 judgments found.
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| December 2001 |
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Appeal against armed robbery conviction and eight-year sentence dismissed; alibi not pleaded and evidence was sufficient.
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Criminal law — armed robbery — alibi defence and burden of proof — use and weight of co-accused statements under caution — corroborative physical evidence — sentence proportionality for aggravated robbery.
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21 December 2001 |
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Court refused transfer under s.75; reprosecution allowed and trial ordered at original Mzuzu venue.
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Criminal procedure — Venue and transfer of trial (s.75 CP&EC) — Requirement to show fair and impartial inquiry impossible — Discharge under s.77(1) not a bar to reprosecution — Convenience of accused and witnesses — Security measures versus transfer.
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11 December 2001 |
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Court refused applicant's transfer application; respondent's discharge under s77(1) did not bar fresh prosecution.
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Criminal procedure — transfer of venue (s75(1)(a)(ii), s75(3)) — discharge under s77(1) not a bar to fresh prosecution — balancing convenience of accused/witnesses and security measures
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10 December 2001 |
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Employer's seizure of former employee's household goods amounted to conversion; damages to be assessed, costs awarded to applicant.
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Conversion — Seizure of former employee's household goods — Ownership and entitlement to possession — Lien and set-off versus wrongful taking — Failure to appear; trial proceeded in absence under Order 35 r.1(2) — Damages to be assessed by Registrar — Costs to plaintiff.
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10 December 2001 |
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An instalment-payment affidavit is not a s.3(1)(f) bankruptcy declaration; the court cannot extend the s.6(1)(c) three‑month limit.
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Bankruptcy — s.3(1)(f) declaration — Rule 98/Form 2 compliance — s.6(1)(c) three‑month limitation — Rule 315 cannot extend statutory time — extension order void ab initio
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10 December 2001 |
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Court set aside improper statutory registration of a South African magistrate's judgment and ordered common-law commencement.
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Enforcement of foreign judgments; territorial extension of British and Commonwealth Judgements Act; requirement of superior court judgments; procedural irregularities treated under Order 2; common-law action by writ to enforce foreign judgments; defences to foreign judgments (fraud, public policy, natural justice)
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9 December 2001 |
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Employer’s seizure and retention of ex‑employee’s goods after pension recovery constituted conversion; damages to be assessed.
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Conversion — ownership and entitlement to possession — wrongful taking and retention of chattels — lien and debt recovery — damages to be assessed by Registrar — costs awarded
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9 December 2001 |
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Divorce granted where respondent committed adultery, cruelty and constructive desertion; ancillary relief deferred for separate hearing.
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Matrimonial law — Divorce grounds: adultery (inference from cohabitation and child), cruelty (single act suffices), constructive desertion; collusion in undefended petitions; jurisdiction/domicile; custody, maintenance and property division deferred to chambers
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9 December 2001 |
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Adultery inferred from cohabitation justified divorce; custody, maintenance and costs awarded to the petitioner.
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Divorce — Adultery — Proof by inference from cohabitation and conduct; standard of proof: balance of probabilities — Collusion/condonation — Jurisdiction: domicile — Custody and maintenance endorsement — Costs follow the event (no limit).
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5 December 2001 |
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Both drivers were negligent: defendant for improper parking without warnings, plaintiff’s driver for excessive speed; liability apportioned 50/50.
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Road traffic negligence — duty of care of drivers — negligent parking on or near road without warning — contributory negligence by excessive speed and failure to keep proper lookout — apportionment of liability 50:50.
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3 December 2001 |
| November 2001 |
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Plaintiff awarded compensatory damages for workplace negligence causing loss of three fingers and reduced earning capacity.
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Negligence — workplace injury — assessment of damages in defendant's absence — heads of damage: pain and suffering, loss of amenities, disfigurement, loss of earning capacity — prior compensation inadequate
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29 November 2001 |
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Interim injunction upheld in judicial review; Section 10 does not bar injunctions protecting constitutional rights.
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Judicial review — interlocutory injunctions — Section 10 Cap. 6:01 — constitutional remedy — Speaker as party to review — ex parte non-disclosure — American Cyanamid balance of convenience.
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27 November 2001 |
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Court continued interim injunction in judicial review, holding Section 10 Cap.6:01 does not bar injunctions protecting constitutional rights.
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Judicial review — interlocutory injunction against Speaker/Attorney General — applicability of Civil Procedure (Suits by or Against Government) Act s.10 — constitutional power to grant effective remedies — Speaker must be party where declaratory relief is sought — American Cyanamid principles applied
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26 November 2001 |
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Plaintiff awarded lost salary, commuted leave and death gratuity; housing allowance refused; interest from 21 May 1994 at 25% p.a.; costs awarded.
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Civil service — Wrongful dismissal — Assessment of lost salary, commuted leave and death gratuity; refusal of housing/ancillary allowances absent contractual entitlement; interest on judgment debts — discretionary award from effective date of entitlement at 25% p.a. simple interest.
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23 November 2001 |
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A summons for security for costs does not stay proceedings; plaintiff validly entered default judgment, so security application dismissed.
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Civil procedure — security for costs (Order 23) — foreign plaintiff — effect of summons for security on proceedings — default judgment — setting aside default judgment — post-judgment security only where judgment directs further proceedings.
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22 November 2001 |
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Unattested draft will cannot determine executor choice; court may appoint neutral trust corporation under s.42 for proper estate administration.
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Wills — unattested draft not a will; Administration of estates — s.42 Wills and Inheritance Act — court may appoint administrator other than ordinarily entitled person; appointment of trust corporation where parties mistrustful; costs — each party pays own costs
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12 November 2001 |
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Court refused injunction preventing mortgagee’s contractual power of sale; plaintiff lacked a good arguable case.
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Civil procedure — interlocutory injunction — application of American Cyanamid test; Mortgage law — contractual power of sale — courts reluctant to restrain a bona fide exercise of power of sale under a legal charge.
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9 November 2001 |
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Assessment of damages for an 11‑year‑old’s death: K20,000 for life expectancy loss and K15,000 for dependency, plus costs.
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Damages — death of child — assessment of loss of expectation of life and dependency — quantum for infants versus adolescents — conventional awards guided by precedent.
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7 November 2001 |
| October 2001 |
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Stay granted pending appeal after High Court misapplied American Cyanamid principles and considered irrelevant factors.
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Interlocutory injunctions — American Cyanamid principles — good arguable case, serious question, balance of convenience — stay of execution pending appeal — prohibition on deciding contentious issues on affidavits — irrelevant considerations (judiciary/legislature conflict) — irreparable harm — costs in the cause.
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31 October 2001 |
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A stay was granted pending appeal after the High Court misapplied Cyanamid principles and failed to exercise proper discretion.
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Civil procedure — Stay of execution pending appeal — Interlocutory injunction — American Cyanamid principles — Balance of convenience vs 'balance of justice' — Court must not decide claims on affidavits — Improper consideration of irrelevant factors — Failure to exercise judicial discretion
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30 October 2001 |
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Court found quo warranto-equivalent relief available, a triable issue existed, and granted an interim injunction to preserve the status quo.
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Constitutional & administrative law — quo warranto and injunctive relief — received English statutes as Malawi law — procedure: judicial review v ordinary action (O'Reilly v Mackman exceptions) — res judicata and adequacy of damages — balance of convenience for interlocutory injunction
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21 October 2001 |
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Whether retracted confessions and circumstantial evidence could sustain convictions and whether a confession can be used against co-accused without adoption.
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Criminal law — s.176 CP&EC — retracted confessions admissible but only weightable if tribunal satisfied beyond reasonable doubt of material truth; need for external pointers/corroboration; confessions against co-accused inadmissible unless adopted by that co-accused; sufficiency of circumstantial evidence and duty of judge to direct jury
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17 October 2001 |
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High Court has concurrent jurisdiction over many labour disputes; Industrial Relations Court’s jurisdiction is limited and does not oust ordinary courts.
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Constitutional jurisdiction of High Court — Concurrent jurisdiction with Industrial Relations Court — Limits of Industrial Relations Court’s jurisdiction under Labour Relations Act and Employment Act — Distinction between statutory unfair dismissal and common-law contractual/tort remedies — Transfer versus dismissal of proceedings — Injunctive relief in labour disputes.
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16 October 2001 |
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Interlocutory injunction to restrain alleged subletting was justified to preserve the status quo pending trial.
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Interlocutory injunction — preservation of status quo pending trial — advertisement as evidence of intention to sublet or transfer — tenancy at will v. subsisting lease — successor in title’s rights and consent to subletting — weight of prior interlocutory findings.
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14 October 2001 |
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A confession by one accused is not evidence against another; students need proof of an arrangement to be guilty under s57.
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Education Act s57 — possession and communication/use of examination papers; admissibility of confession only against maker unless adopted; hearsay inadmissible; students cannot be convicted absent evidence of arrangement to be principals
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11 October 2001 |
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Interlocutory injunction upheld to prevent tenant's potential subletting or transfer without landlord's consent pending trial.
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Interlocutory injunction — preservation of status quo pending trial; advertisement as indication of intended subletting/assignment; tenant-at-will versus tenancy; requirement of landlord's written consent for subletting/transfer; successor-in-title rights; prior interlocutory orders not final
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3 October 2001 |
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Interlocutory injunction restraining sale vacated where Registered Land Act transfer cured irregularities and damages are adequate.
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Interim injunction — Registered Land Act (s.68, s.71(3)) — sale by chargee — transfer/Registrar’s certificate cures irregularities — American Cyanamid principles — adequacy of damages as remedy
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2 October 2001 |
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Young children, including a 1½-year-old, do not automatically constitute exceptional circumstances to warrant bail in a homicide case.
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Criminal law — Bail in serious offences — Exceptional circumstances required for bail — Young children of accused not automatically exceptional; recourse under s.60 Prisons Act for unweaned infants
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1 October 2001 |
| September 2001 |
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Court granted divorce for proven cruelty (habitual drunkenness and violence), awarded custody to petitioner and ordered respondent to pay costs.
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Family law — Divorce for cruelty — habitual intoxication and violence as matrimonial offence — petitioner’s sole evidence accepted — decree nisi granted; custody to petitioner; respondent to pay costs — comparative reference to Divorce Reform Act 1969; need for reform of Divorce Act and customary family law procedures
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30 September 2001 |
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Conviction for indecent assault of a child under 14 is unsafe without corroboration; conflicting medical reports created reasonable doubt.
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Criminal law — Sexual offences — Evidence of child complainant under 14 requires corroboration — Medical evidence as corroboration — Conflicting medical reports render conviction unsafe.
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28 September 2001 |
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Missing trial record and uncertain appeal date do not by themselves constitute exceptional circumstances for bail pending appeal.
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Criminal procedure — Post-conviction bail — Exceptional circumstances required — Missing trial record and uncertain appeal date do not alone justify bail — Right of appeal; administrative lapse
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26 September 2001 |
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An acquitted public servant was awarded damages for false imprisonment and malicious prosecution and recovery of withheld salary.
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False imprisonment — short detention with ill-treatment — damages assessed; Malicious prosecution — acquittal entitles plaintiff to damages; Employment law — withheld salary after acquittal cannot lawfully be forfeited; Remedies — award of wages withheld plus costs where defendant defaulted.
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25 September 2001 |
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An in‑court agreement based on alleged witchcraft and to stay sentence is illegal and unenforceable; committal and restitution ordered.
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Witchcraft Act s6 and s9 — representation as a wizard/witch and use of charms — illegality of contracts founded on witchcraft; Public policy — agreements to discontinue criminal proceedings or stay execution of sentence in court proceedings — Magistrate functus officio and lack of power to stay execution; Restitution under Criminal Procedure and Evidence Code s148(1); Seizure and sale of assets to satisfy restitution
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23 September 2001 |
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Power of sale valid after three months; private treaty sales lawful if in good faith; irregularities yield damages only.
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Registered Land Act — demand notice and default (s68) — power of sale after three months (ss60(2),68(2)) — sale by private treaty valid if in good faith (s71) — Registrar approval not strictly fatal — remedy for irregularity is damages (s71(3)).
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20 September 2001 |
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Conviction for conspiracy quashed where court improperly relied on co-accused confessions and failed to prove a single agreement.
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Criminal law — Conspiracy — Admissibility and weight of confessions under s176 Criminal Procedure and Evidence Code — Confessions admissible only against maker unless adopted — Statements to police not in furtherance of conspiracy (res gestae) — Confessions obtained by duress/torture inadmissible or to be given no weight — Burden to prove single agreement among accused.
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19 September 2001 |
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Interim injunction granted to restrain defendant’s occupation of disputed land; widow-signed sale document deemed invalid under Statute of Frauds.
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Land law — interim injunction — trespass and occupation — beneficiary’s locus standi to sue — Statute of Frauds 1677 — validity of purported sale document signed by widow — balance of convenience and irreparable harm.
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18 September 2001 |
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Convictions quashed because the appellants' confessions could not be used against co-accused and no single conspiracy was proved.
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Criminal law — Conspiracy: requirement of proof of a single agreement among alleged conspirators; Confessions/Caution statements — admissible only against maker unless adopted; statements obtained by torture/duress must be given no weight; section 176 Criminal Procedure and Evidence Code; hearsay/res gestae exceptions; appellate reversal for insufficient evidence
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18 September 2001 |
| August 2001 |
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Adjourning a contempt hearing to another day deprives the court of summary jurisdiction, rendering any subsequent conviction a nullity.
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Contempt of court — Summary jurisdiction lost by adjournment — Requirement to warn potential contemnor before summary charge — Need for formal charge sheet and avoidance of duplicity — Procedural defects render conviction a nullity — Sections 113 Penal Code; Sections 353(2)(a)(i) and 362 Criminal Procedure and Evidence Code.
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31 August 2001 |
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High Court lacks first-instance jurisdiction over Employment Act labour disputes; such claims belong in the Industrial Relations Court.
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Employment law — jurisdiction — High Court's unlimited original jurisdiction (s108) does not displace the Industrial Relations Court's primary procedural role for employment disputes; severance pay — forum — defective commencement — dismissal, not transfer
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30 August 2001 |
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Five-month imprisonment for breach-of-peace offence was unlawful; court ordered immediate release.
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Criminal law — Sentence review — Section 181 Penal Code (conduct likely to cause breach of the peace) — statutory maximum custody three months — “fine and imprisonment” read disjunctively — failure to consider fine, community service, and Sections 339–340 alternatives — review court substituted sentence for immediate release
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30 August 2001 |
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The applicant's illness and alleged alibi do not constitute exceptional circumstances to grant bail in a murder charge.
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Criminal procedure — Bail in capital offences — Exceptional circumstances required; illness not exceptional unless terminal or detention-induced; alibi or weak prosecution case insufficient; bail applications must not become mini-trials
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29 August 2001 |
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An interlocutory injunction preventing an employer recovering company property was discharged as damages were an adequate remedy after termination.
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Interlocutory injunctions — American Cyanamid principles — adequacy of damages as remedy — ex parte applications and nondisclosure/misrepresentation — employer’s right to recover company property after employment termination — publication of notice that employee no longer occupies post.
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24 August 2001 |
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Order 14 summary disposal refused because the disputed cause of the accident was a factual issue requiring a full trial.
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Civil procedure — Order 14 summary disposal — question of law v. fact; Workers Compensation Act s.4(2)(b) — negligence, deliberate self-injury, serious and willful misconduct; requirement of evidence for exclusions under compensation statute.
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23 August 2001 |
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Special damages require strict proof on the balance of probabilities; credible oral evidence may suffice; business-loss must be supported by contemporaneous evidence.
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Damages — Special damages must be specifically pleaded and proved strictly (on balance of probabilities); absence of receipts not fatal if oral evidence credible; General damages — loss of business must be supported by contemporaneous evidence; Appeal — fresh evidence on appeal limited; operational cost projections admissible if supported and unchallenged
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22 August 2001 |
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Ex parte interlocutory injunction discharged where applicant deliberately suppressed material facts and misled the court.
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Civil procedure — Ex parte interlocutory injunction — Duty of full and frank disclosure — Suppression of material facts — Order obtained by misrepresentation discharged.
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22 August 2001 |
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Sheriff’s fees (poundage) are due once goods are seized; the party who caused execution is liable even if no sale occurs.
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Sheriff’s fees/poundage — entitlement upon seizure of goods — execution levied but no sale — Courts Act Schedule; Sheriffs Act; local precedents (Maunde; Sheriff v Press Produce) — Re Ludmore distinguished — liability of party initiating execution — court power to order payment of Sheriff’s costs when setting aside execution.
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17 August 2001 |
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Hearing set aside because plaintiff failed to provide for acknowledgment of service and allowed insufficient time after postal service.
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Civil procedure — Originating Summons (Order 7 r.2, Form 10) — requirement to provide for acknowledgment of service and to serve acknowledgment form — postal service deemed effective after seven days — premature hearing where defendant not given full time to acknowledge service — power to set aside hearing and direct amendment
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9 August 2001 |
| July 2001 |
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A conditional offer that failed to arise prevented contract formation; claim dismissed and defendant awarded costs.
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'Contract law' — conditional offer; formation of contract; sale of goods; acceptance; burden and standard of proof; costs follow the event
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29 July 2001 |
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Assessment of wrongful-death damages: awards for loss of expectation and dependency, apportionment, and minors' shares lodged in court.
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Wrongful death — assessment of damages — loss of expectation of life; loss of dependency — multiplicand and multiplier method; one-third deduction; apportionment among dependants; minors' shares to be paid into court.
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18 July 2001 |
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Court dismissed an oral Order 14A summary application, finding disputed facts and improper procedure; case to proceed to trial.
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Defamation (libel) — qualified privilege — publication admitted by newspaper — Order 14A summary disposal — procedural requirement that disputed factual issues be resolved at trial — oral Order 14A application at final hearing improper
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15 July 2001 |