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Citation
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Judgment date
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| December 1993 |
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A magistrate may not grant conditional or absolute discharge where statute prescribes punishment; compensation awards are statutorily limited.
Criminal law – Conditional and absolute discharge – Improper where statute prescribes punishment; limited statutory discharge provisions (s.59, s.88(a), s.164, s.230) – Conversion of fine to compensation – Compensation powers and monetary limits under Criminal Procedure Code (s.162A / s.175(1)) – Review under s.337 CPC.
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31 December 1993 |
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Appellate court increased general damages for false imprisonment to reflect aggravated detention and held exemplary damages are available but ordinarily must be pleaded.
Tort – False imprisonment – Assessment of general and exemplary damages – Appellate interference standard; Exemplary damages available for contumelious conduct but ordinarily must be specifically pleaded; effect of inflation on quantum of damages.
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1 December 1993 |
| November 1993 |
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A unilateral resignation accepted by the employer conclusively terminates employment; unsupported trial evidence of duress cannot supplant the pleaded case.
Employment law – resignation – unilateral resignation accepted by employer conclusively terminates employment – pleaded case versus evidence – duress pleaded at trial as radical departure from pleaded withdrawal – remedy damages in lieu of notice.
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26 November 1993 |
| August 1993 |
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A registered proprietor's title cannot be set aside absent proof of fraud; injunction granted to protect possession.
Land law – conversion of reserve/trust land to state land – compliance with Land Circular No.1 of 1985 – certificate of title – alleged fraud – setting aside title – trespass – proof and quantification of damages – entitlement to permanent injunction for quiet possession.
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30 August 1993 |
| June 1993 |
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Interest can follow a default judgment if judicial consideration occurs, but the rate and calculation must be supported by evidence.
Civil procedure — Default judgment and interest — "Tried" construed to include matters subjected to judicial consideration — Interest may be awarded after default where there is judicial consideration; award must be based on evidence and lawful principle — Improper to fix rate on unproven bank fixed deposit.
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8 June 1993 |
| April 1993 |
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Bail may be granted in a murder case where discretion and considerations (including health and sureties) indicate no risk of absconding.
Criminal procedure — Bail pending trial — Murder charge — Factors to consider (nature of charge; evidence; sureties; prejudice to accused; prejudice to State) — Special circumstances (health, time lapse, witnesses abroad) — Discretion to grant bail with conditions.
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14 April 1993 |
| March 1993 |
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A detainee under the Immigration and Deportation Act may be admitted to bail where s.36(3) treats them as awaiting trial.
Bail — Immigration and Deportation Act — s.36(3) treats detainee as person awaiting trial — bail permissible; bail test: likelihood to appear, nature of charge, evidence, sureties, prejudice to applicant/state and special circumstances.
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30 March 1993 |
| February 1993 |
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Specific performance granted where purchaser paid a deposit and took possession despite vendor’s failure to obtain required State Consent.
Contract law – Specific performance; part performance (deposit plus occupation) as basis for equitable relief; State consent to assign land; vendor’s failure to obtain consent; registration issues; adjustment of price owing to currency change.
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23 February 1993 |
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Company bound by its managing director's acts; specific performance granted where damages inadequate and vendor's conduct unjustified.
Company law – corporate personality acts through officers; Contract law – enforceability of sale agreement despite formal defects; Specific performance – damages inadequate; Estoppel.
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18 February 1993 |