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Citation
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Judgment date
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| December 2011 |
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Court required fingerprint-based proof of prior convictions and imposed the mandatory ten-year sentence for a second trafficking offence.
Criminal procedure — Sentencing — Proof of previous convictions (fingerprints and criminal record certificates) — Timing of prior convictions — Mandatory minimum ten years for second trafficking offence under s.44 Narcotic Drugs and Psychotropic Substances Act.
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29 December 2011 |
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Appellate re‑hearings de novo from Local Courts; res judicata and waiver; priority of equitable interests and bona fide purchaser rule.
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28 December 2011 |
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Failure to sit as a Juvenile Court is fatal; proceedings are a nullity and the reformatory order was quashed, retrial ordered.
Juvenile law – Subordinate Court must constitute itself as a Juvenile Court – Mandatory nature of ss.63 and 65 Juveniles Act – Failure renders proceedings nullity – Reformatory order quashed – Retrial ordered.
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28 December 2011 |
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Appellate court upheld a three‑year sentence for theft by agent; value of stolen property was not decisive when deterrence warranted.
Criminal law – Sentencing – Appeal against sentence – Trial court discretion; appellate interference only if wrong in principle or manifestly excessive (shock) – Value of stolen property not necessarily decisive – Prevalence of offence may justify deterrent sentence – Family hardship and health mitigation require adequate evidence.
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28 December 2011 |
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Persistent, unjustified non-attendance amounts to abuse of process, justifying dismissal despite absence of prejudice.
Civil procedure — Review under Order 39 — Special leave where review outside 14 days — Dismissal for want of prosecution — Persistent non-attendance as abuse of process — Court administration and procedural compliance.
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18 December 2011 |
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Agent authorised by principal and proved to be causa causans entitled to 5% commission; unauthorised partner had no locus standi.
Agency – commission – agent must be causa causans to earn commission; authority of agent – only authorised agent may claim commission; proof of introduction and credibility of witnesses; assessment of purchase price where evidence conflicts.
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8 December 2011 |
| November 2011 |
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Contempt can compel compliance with non‑monetary orders, but alleged contemnors must have personally acted or omitted to be liable.
Contempt of Court – enforcement of non‑monetary orders against the State – limits of State Proceedings Act s.21 – Order 52/1/4 requires personal act or omission by alleged contemnor – legal practitioners’ conduct – Legal Practitioners Rules 37(3), 38.
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28 November 2011 |
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Agreement procured by threats was voidable for duress and lacked consideration; plaintiff must refund US$30,000.
Contract law — Duress: elements for setting aside contract; Consideration — past consideration unenforceable; Cohabitation — no common-law marriage without celebration; Unjust enrichment and counter-restitution; Specific performance claim rejected.
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17 November 2011 |
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Court set aside a consent judgment entered without an affected party’s agreement and reinstated claims and interlocutory injunction.
Civil procedure – Consent judgment – Setting aside consent judgment entered without agreement of an affected party – Order 42 Rule 5A (White Book) requirements – Order 35 inapplicable – Reinstatement of claims and interlocutory injunction.
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15 November 2011 |
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Court allowed transfer to Lusaka, prioritising convenience and cost over the plaintiff’s chosen forum.
Civil procedure – transfer of venue – discretion to vary place of trial under Order 31 – interlocutory powers under Order 3 Rule 2 – factors: convenience of parties and witnesses, locality of property, costs – forum choice not determinative.
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15 November 2011 |
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Court ordered payment of security for costs and issued procedural timetable and hearing dates for an election petition.
Electoral petition — Security for costs — Timetable for pleadings and reply — Hearing dates fixed — Liberty to apply — Costs in the cause — Electoral Act ss.81,82,94,95; Electoral Petition Rules (SI 426 of 1968).
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13 November 2011 |
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The respondent mining company held civilly liable for grossly reckless water pollution; substantial general and punitive damages awarded to applicants.
Environmental torts – pollution of watercourse – negligence by escape and statutory liability under Environmental Protection and Pollution Control Act and Mines and Minerals Regulations – liability for harm to community health and environment – punitive damages to deter corporate recklessness.
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9 November 2011 |
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An agent obtains commission only if he is the causa causans; a co-claimant without authorization lacks standing.
Agency law – entitlement to commission – agent must be causa causans of sale (Coles v Enoch) – proof of authorization and credibility of evidence – locus standi of co-claimant.
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8 November 2011 |
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Plaintiffs in a management buy-out lost entitlement to purchase parastatal houses once their employment link with the parastatal ended.
Housing policy – 'sitting tenants' entitlement – employee status and timing – effect of management buy-out and incorporation – parastatal house sales validity.
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6 November 2011 |
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Whether the investigatory Judicial Complaints Authority is an adjudicating body under Articles 18(9) and (10) — Court says it is not.
Constitutional law – Articles 18(9) and 18(10) – Right to fair and public hearing – Judicial Complaints Authority – investigative and recommendatory body not an adjudicating authority – scope of Article 18 – procedural relief inappropriate where statute prescribes procedure.
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3 November 2011 |
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Inland transport within Zambia is standard-rated; zero-rating requires export-linked service and certified proof of export under Rule 18.
Tax — Value Added Tax — Zero-rating under Second Schedule Group 2 — Interpretation of ancillary, transshipment and ‘transit through Zambia’ — Composite vs separate supplies — Proof of export under VAT General Rules (Rule 18) — Burden of proof — Extraterritoriality of documentary requirements.
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3 November 2011 |
| October 2011 |
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Employer’s mala fide report and identification caused unlawful arrest; police and employer held liable and damages awarded.
Tort — False imprisonment; employer’s mala fide report and identification; police reliance and exercise of discretion; vicarious liability of the Attorney General; assessment of general damages; failure to prove special damages.
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27 October 2011 |
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Whether transferred and employer terminal benefits (and interest) are payable where the employee resigned voluntarily.
Employment law – transferred pre-privatisation benefits – cheque presentation and stale cheque – entitlement to interest on delayed payment; forced resignation v voluntary resignation – onus of proof for constructive dismissal; terminal/redundancy benefits payable on resignation.
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25 October 2011 |
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Whether the applicant may obtain interim preservation and injunctive relief over a disputed vehicle at risk of dissipation.
Interim preservation of property – Order 27 Rule 1 High Court Rules and Order 29 White Book – whether disputed vehicle is 'property in dispute' – danger of waste/diminution – injunction and custodial preservation granted; Standard Bank v. Brocks distinguished.
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20 October 2011 |
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Payment for an easement was not recoverable where the grantor’s company held possession, surveys were paid, and the plaintiff had used the easement.
Property law – easement/right of way – capacity to grant where title uncertified; failure of consideration – money had and received; effect of possession, surveys and performance on enforceability; role of land allocation and repossession evidence.
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17 October 2011 |
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The plaintiff lacked authority to collect the statutory tobacco levy and the defendant's acknowledgment was void for economic duress.
Tobacco levy – statutory levy payable by growers to Minister and remitted to Permanent Secretary – delegation of statutory functions requires compliance with Statutory Functions Act – buyer not liable absent valid assignment; Economic duress – withholding/licensing coercion renders acknowledgment of debt void.
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17 October 2011 |
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Interest on judgment debts is payable even if not claimed; a successful litigant in person is entitled to reasonable out‑of‑pocket costs.
Judgments Act — interest on judgment debts payable at current Bank of Zambia lending rate whether or not claimed; Civil procedure — costs: successful litigant acting in person entitled to out‑of‑pocket costs; Trial discretion — denial of costs set aside where not judicially exercised; Order 47 High Court Rules — identification of real questions in controversy.
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12 October 2011 |
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Where a transferee acquires over 75%, Section 238 mandates purchase of a minority shareholder’s shares at the offered or court‑ordered price.
Companies Act s.238(1),(3) – minority shareholder’s right to require purchase where transferee holds >75% – transferee’s mandatory obligation; Securities (Takeovers & Mergers) Rule 56 – governs 35% threshold; no conflict between statutes; judicial notice of public announcement; price determination at last traded market price.
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10 October 2011 |
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Employer liable for electrocution from unsafe system and inadequate PPE; liability apportioned 95% employer, 5% employee.
Tort — Negligence — Employer's duty to provide safe system of work and adequate PPE for unskilled employees; vicarious liability; contributory negligence apportionment (Law Reform Act s.10(1)); exemplary damages must be pleaded.
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10 October 2011 |
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Second marriage void; cohabitant awarded 50% equitable share for substantial contributions; administrator retained.
Marriage — bigamy/void marriage ab initio; constructive trust/beneficial interest for cohabitant who substantially contributes to property; intestate succession Act inapplicable to foreign national; administrator retained but must account; order for sale and distribution.
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8 October 2011 |
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Concealment of HIV status can give rise to damages for nervous shock where exposure to actual, imminent risk is proven; defamation also established.
Defamation – publication, truth and fair comment; Psychiatric harm – nervous shock/mental anguish – exposure to HIV as exception to requirement of predicate physical injury; Proof of exposure, temporal limitation of damages; Neurotic disorder and loss of reputation not established.
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4 October 2011 |
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Whether a regulator may unilaterally vary an initial tariff without following statutory procedure and respecting legitimate expectations.
Administrative law – judicial review – energy regulation – tariff regulation – legitimate expectation/estoppel – procedural impropriety in enforcement notices – variation of licence conditions (Energy Regulation Act s.12) – Wednesbury unreasonableness.
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3 October 2011 |
| September 2011 |
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A sale of land without required Presidential consent is void ab initio; a later purchaser with proper consent prevails.
Lands Act s5(1) – Prescriptive requirement of prior Presidential consent to sell or assign land; sale without consent void ab initio and unenforceable; bona fide purchaser with state consent and paid transfer tax entitled to possession.
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28 September 2011 |
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Specific performance refused where land reverted to State; caveat did not bar statutory re-entry and prior consent order validated the re-entry.
Specific performance – land sale – suitability when seller no longer title holder; Caveat under s79 – effect versus Commissioner’s statutory power; Lands Act s13 – notice and locus to challenge re-entry; Consent settlement/res judicata – validation of re-entry and registry entries; Locus standi of intending purchaser vs lessee.
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26 September 2011 |
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The respondent unlawfully discriminated against persons with disabilities by failing to ensure accessible polling and secret voting.
Disability discrimination; right to vote and secret ballot; accessibility of polling stations; tactile/Braille ballot guides; relocation of polling stations; Electoral Act Sections 18,24,40,41; Persons with Disabilities Act Section 19; constitutional enforcement remedies.
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18 September 2011 |
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Appellate court held two separate plots exist and confirmed appellant as bona fide purchaser entitled to possession.
Civil procedure – appeals from Local Courts heard de novo; res judicata and waiver; land disputes – distinction between numbered plots; equitable priority (qui prior est tempore); bona fide purchaser for value without notice; title evidence (occupancy licences and council records).
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8 September 2011 |
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A valid variation of a contract without a reversion clause prevents reinstatement of original terms after default.
Contract variation – valid mutual variation – absence of reversion clause – varied terms govern; agent’s commission limited to balance under variation; interest awarded in lieu of loss of use; costs reserved (each party bears own).
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6 September 2011 |
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Court affirmed its jurisdiction to tax arbitration costs when the arbitral tribunal was not requested to tax them.
Arbitration — taxation of costs — jurisdiction of Taxing Master to tax arbitration costs where arbitral tribunal has not been requested to fix them; Arbitration Act s16(5) and s17; Arbitration (Court Proceedings) Rules; Perkins v Best‑Shaw authority.
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5 September 2011 |
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Stay of injunction refused: defendants failed to show appeal likely to succeed; public interest and reputation protection prevailed.
Civil procedure – Stay of execution – Interim injunction pending appeal – Appeal does not automatically stay order; applicant must show prospects of success and special grounds. Media law – Defamation – Interlocutory assessment of defences (justification, fair comment, qualified/Reynolds public interest defence) – Responsible journalism standard. Public interest – Balancing freedom of expression and protection of reputation in pre-election period. Remedies – Cross-undertaking and damages in stay applications.
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1 September 2011 |
| August 2011 |
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Court held the transaction to be a sale/forfeiture, not an equitable mortgage; mortgage action misconceived and both claims dismissed.
Property law – Equitable mortgage v sale/forfeiture – forfeiture/assignment on default removes right of redemption; procedure – originating summons vs writ; foreclosure; duress allegations; Order 30 r14; Order 88 r1; Order 28 r8.
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30 August 2011 |
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Court corrected an accidental omission by reviewing judgment and allowed post-judgment amendment to correct a property's misdescription; joinder refused.
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28 August 2011 |
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Prosecution proved cable thefts but failed to link the accused; court found no case to answer and acquitted him.
Criminal law – vandalism and theft of electric cables – identification and linkage of accused to offence – admissibility and sufficiency of alleged confessions and identification – no case to answer (Mwewa Munoro).
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28 August 2011 |
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Accused convicted of aggravated robbery under joint enterprise despite stolen items not recovered.
Criminal law — Aggravated robbery (s.294(1)) — elements: armed assault, use/threat of violence, stealing — identification — joint enterprise/common design (s.21(1)) — burden of proof beyond reasonable doubt — non-recovery of stolen property irrelevant.
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25 August 2011 |
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Prosecution proved murder beyond reasonable doubt; post-mortem and contemporaneous statements corroborated the child witness.
Criminal law – murder – elements: causation, unlawful act, malice aforethought; admissibility and sufficiency of post-mortem report (s.191A); alleged dereliction in fingerprint recovery; corroboration of child witness by res gestae/ dying declaration; provocation not established.
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24 August 2011 |
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An appeals board need not apply strict court evidence rules; procedural fairness was met and dismissal for bribery/abuse of office was upheld.
Administrative law — Local Government Appeals Board — Not bound by strict court evidentiary rules; natural justice — opportunity to be heard; predetermination — ministerial role of Board Secretary; disciplinary law — sufficiency of interview reports to support findings of bribery/abuse of office; Local Government Act ss. 99, 100.
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23 August 2011 |
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Interim injunction granted where defendants’ defences of justification and fair comment lacked realistic prospects.
Defamation — interim injunctions; prior restraint; justification — need for particulars and reasonable evidence; fair comment — sufficient factual basis and honest-person test; balance of convenience; realistic prospect of success.
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22 August 2011 |
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A fatal-accident claim was held statute-barred where the original writ was not validly renewed before the limitation period expired.
Limitation of actions – Fatal Accidents Act – accrual on date of accident – three-year limitation – validity and renewal of writs (Order IX High Court Rules/Order 6 White Book) – negotiations do not extend limitation – registry numbering errors non-determinative.
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17 August 2011 |
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Conviction for murder upheld on reliable neighbour identification and post‑mortem proof of fatal assault.
Criminal law – Murder – Eyewitness identification – Post‑mortem evidence establishing fatal injuries – Malice aforethought – Mistaken identity rejected.
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17 August 2011 |
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Sentences for similar frauds forming a course of conduct should run concurrently; consecutive sentences were set aside.
Criminal law – Sentencing – Series of offences forming a course of conduct – Concurrent versus consecutive sentences – Temporal proximity and similarity of offences – Prior convictions as aggravation.
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17 August 2011 |
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High Court may hear pre-nomination qualification disputes; action dismissed for denying the affected non-party a hearing.
Constitutional and electoral law — High Court jurisdiction over pre-nomination qualification disputes — Mode of commencement by writ — Electoral Commission may be sued in its name — Presidential immunity not a bar to qualification inquiries — Necessity of hearing affected non-party.
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8 August 2011 |
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Court varied compulsory acquisition terms: holders must be offered transferee shares or cash and price paid must be disclosed.
Companies Act s237 — compulsory acquisition — statutory option to holders to receive allotment of shares — interpretation of s237(b) — Takeovers and Mergers Rules s58(1) — requirement to offer not less than highest price paid in preceding six months — duty to disclose purchase price — court power under s237(4) to vary terms.
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4 August 2011 |
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Interlocutory injunction granted against alleged defamatory election‑year articles where justification/fair comment defences appear unsupported or malicious.
Defamation — interlocutory injunctions — Bonnard principle; defendants’ plea of justification and fair comment; requirement to show falsity or overwhelming malice to restrain publication; balancing freedom of expression/public interest versus protection of reputation; Reynolds responsible journalism factors; election-year considerations; adequacy of damages.
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4 August 2011 |
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Plaintiff had constructive notice of defendant’s equitable interest; husband’s unauthorised sale was ineffective against occupying spouse.
Property law – equitable interest of occupying spouse – spouse’s authority to dispose of property – constructive notice of purchaser – Statute of Frauds (s.4) compliance – amendment of municipal records.
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2 August 2011 |
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Interim injunction granted restraining broadcast and distribution where defences of truth, fair comment, and privilege were prima facie unsustainable.
Defamation – interim injunctions; Bonnard v Perryman principle; justification and fair comment – particularity and factual building blocks; Reynolds/public‑interest (responsible journalism) defence; adequacy of damages; election‑year context; broadcasters’ professional duties.
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1 August 2011 |
| July 2011 |
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Interim injunction granted where defendants' defences of justification and fair comment lacked realistic prospects of success.
Defamation — interim injunction — Bonnard v Perryman rule against prior restraint — defences of justification and fair comment — Defamation Act ss. 6 & 7 (particulars and statutory defences) — American Cyanamid principles and balance of convenience — adequacy of damages.
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31 July 2011 |