Results.
25 judgments found.
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| February 2021 |
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The court confirmed concurrent custodial sentences for burglary and theft, emphasizing first-offender status and rehabilitative considerations despite aggravating factors.
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Sentencing discretion; review of sentence for excess or inadequacy; consideration of aggravating and mitigating factors; burglary seriousness; confirmation of concurrent custodial sentences.
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25 February 2021 |
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Whether the convict's burglary and theft sentences should be enhanced on review given aggravating and mitigating factors.
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Sentencing discretion; review of sentence; enhancement versus interference; aggravating and mitigating factors; burglary seriousness; first-offender mitigation.
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25 February 2021 |
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Employer liable for negligence and statutory breaches after machine modification exposed employee to dangerous moving parts causing amputation.
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Employer negligence; Occupational Safety, Health and Welfare Act (s.13(2)(a), s.35(1)); insecure fencing of dangerous machine parts; machine modification; credibility of witnesses; personal injury damages.
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24 February 2021 |
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23 February 2021 |
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Whether mosquito coils qualify as pesticides and whether leave for judicial review of their detention should be granted.
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Administrative law — Judicial review (leave stage) — Pesticides Act — Definitions of "pest" and "pesticide" — Mosquito coils as pesticides — Importation of unregistered pesticides prohibited — Ignorance of law not a defence.
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22 February 2021 |
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Whether mosquito coils are 'pesticides' under the Pesticides Act and import without registration/permit is unlawful; leave refused.
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Administrative law — Judicial review — Leave stage — Statutory interpretation of 'pest' and 'pesticide' under Pesticides Act — Importation and registration requirements — Import of unregistered pesticides unlawful — Ignorance of law no defence.
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22 February 2021 |
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Leave to appeal was granted while the court condemned counsel’s insertion of a misleading postscript and unprofessional post-judgment conduct.
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Electoral law — fresh elections — use of previous voters’ roll and eligibility of candidates; Civil procedure — joinder of affected parties before judgment; appellate procedure — leave to appeal; Professional conduct — inadmissibility of postscripts in formal orders and improper post-judgment audience requests.
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21 February 2021 |
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Employer negligent for failing to curb sexual harassment; psychiatric injury compensable and aggravated damages awarded.
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Employment law — employer's duty to ensure safe workplace and effective complaint procedures — sexual harassment by senior employee — negligence for psychiatric injury absent physical harm — aggravated (not exemplary) damages awarded.
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20 February 2021 |
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Employer liable in tort for failing to prevent senior employee’s sexual harassment; aggravated damages awarded, exemplary damages denied.
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Tort — Employer Liability — Failure to protect employee from sexual harassment — Occupational Safety, Health and Welfare Act s 13
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20 February 2021 |
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Accused convicted of murder; self-defence and provocation rejected; malice aforethought found based on use of a metal rod.
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Criminal law — Murder — Proof beyond reasonable doubt — Post-mortem evidence and eyewitness credibility — Self-defence and provocation rejected — Malice aforethought established.
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19 February 2021 |
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Suspicion alone is insufficient under section 254 to require an accused to enter defence on a murder charge.
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Criminal law — Murder — Elements (death, unlawful act/omission, malice aforethought) — Section 254 Criminal Procedure and Evidence Code — Sufficiency of prosecution case to call accused to defence — Suspicion insufficient; protection against self-incrimination.
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18 February 2021 |
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17 February 2021 |
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Accused acted in self-defence but used excessive force; convicted of manslaughter rather than murder.
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Criminal law — Homicide — self-defence — excessive force — distinction between murder and manslaughter — burden on prosecution to disprove self-defence.
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17 February 2021 |
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An interlocutory injunction will not be discharged for alleged suppression absent proof that material facts were known or discoverable.
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Civil procedure — interlocutory injunction — application to discharge for suppression of material facts — material facts as known or discoverable on proper enquiries — standard of proof on balance of probabilities — factual disputes for trial — merger of related causes.
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16 February 2021 |
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An interlocutory injunction will not be discharged absent proof of suppression of material facts; injunction stands and files are merged.
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Interlocutory injunction — application to discharge — suppression of material facts — burden to prove knowledge or discoverability of facts — factual disputes for trial — merger of related causes.
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16 February 2021 |
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Respondent liable for negligent excavation causing applicant's wall collapse; pleaded special damages unproven, general damages awarded.
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Negligence — duty of care for adjacent excavation works — onus and shift of evidential burden — causation by negligent backfilling and water pooling — special damages must be specially pleaded and proved; general damages allowed and to be assessed — costs follow the event.
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15 February 2021 |
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Claimant's deviation from pleaded case and failure to prove it led to dismissal of negligence claim and costs against him.
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Motor-vehicle negligence; pleadings bind parties; variance between pleadings and evidence fatal to claim; burden of proof on balance of probabilities; contributory negligence by sudden road entry.
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15 February 2021 |
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Whether the driver’s negligence caused death and whether the insurer is liable despite an unpleaded policy exclusion.
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Road-traffic negligence — driver’s duty of care — employer/insurer liability — insurance policy exclusions and pleading — admissibility of police reports.
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15 February 2021 |
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All property acquired during the marriage is matrimonial and, absent proof otherwise, is to be equally shared; mortgage redeemed first.
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Matrimonial property — presumption of joint ownership where no clear intention of separate ownership — equal sharing (50/50) where contributions cannot be quantified — mortgage-encumbered house to be redeemed by bank before distribution; valuation and sale of indivisible items; parties given first opportunity to buy out shares.
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11 February 2021 |
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Claim against insurer dismissed where claimant failed to prove existence of an insurance contract covering the vehicle.
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Insurance law — insurer’s liability — need for proof of contractual insurance cover — burden on claimant to establish existence of insurance — absence of contract defeats claim against insurer.
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8 February 2021 |
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Claimant failed to prove insurer’s contractual liability; claim against the insurer dismissed for lack of evidence.
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Motor vehicle accident; passenger damages; insurer liability; proof of insurance; contractual nexus required for insurer liability; claim dismissed for lack of evidence.
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8 February 2021 |
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Email service on a company without an agreement does not satisfy section 372; proper statutory service required before hearing in absence.
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Service of process — Service on corporate defendants — Section 372 Companies Act prescribes exclusive methods — Email service valid only by agreement — Compliance with Court (High Court) (Civil Procedure) Rules Order 8 r.18(a) and Order 16 r.7.
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8 February 2021 |
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Summary judgment refused where defendant’s plausible mistaken-identity defence creates a factual dispute requiring trial.
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Civil procedure — Summary judgment — Order 12 r25(2), r26 — Mistaken-identity defence — Factual dispute over driver’s identity — Summary judgment inappropriate — Matter to proceed to mediation/trial.
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8 February 2021 |
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Dispute over whether disputed parcel was customary land or private unregistered land; court found church held proprietary interest and dismissed trespass claim.
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Land law — classification of land (customary, public, private unregistered) — proof of title in unregistered land — validity and scope of 1971 conveyance — adverse possession/prescription — trespass — proper parties and public-law remedies.
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5 February 2021 |
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4 February 2021 |