Results.
7 judgments found.
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| September 2011 |
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A sale of land made without required Presidential consent is void, enabling a later valid purchaser's claim to possession.
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Property law — sale and assignment of land — mandatory Presidential consent under s.5(1) Lands Act — effect of failure to obtain consent (contract unenforceable/void ab initio) — innocent purchaser for value without notice — remedy: delivery of vacant possession
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28 September 2011 |
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Specific performance refused where State re-entry and subsequent title allocation rendered land unavailable; caveat does not bar re-entry.
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Specific performance — unavailable where State re-entry and subsequent valid allocation make land unavailable; Caveat (s.79) protects against Registrar acts but does not bar Commissioner of Lands re-entry (s.13); Consent settlement/res judicata and locus standi; Certificate of title prima facie evidence of ownership absent fraud
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26 September 2011 |
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The respondent unlawfully discriminated by failing to provide accessible polling and secret-ballot facilities for persons with disabilities.
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Constitutional and electoral law — disability discrimination — right to vote — secrecy and dignity of ballot — accessibility of polling stations — tactile ballot guides — special vote procedures — powers to relocate polling stations — remedies and separation of electoral autonomy
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18 September 2011 |
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Appellants’ res judicata objection waived; records show two distinct plots and the purchaser (2nd defendant) is a bona fide purchaser entitled to possession.
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Property law — competing title to adjoining/numbered plots — distinction between plots 27/12 and 27/13 — res judicata and waiver — appeals from Local Courts heard de novo — bona fide purchaser for value without notice
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8 September 2011 |
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A valid variation of an agency commission prevented the plaintiff from reverting to the original commission after the defendant’s default.
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Contract variation — Validity and enforceability of a variation — Effect of variation: original terms not revivable by one party after valid variation — Default under variation — Entitlement to balance of varied commission and interest — Costs: each party to bear own costs
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6 September 2011 |
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The High Court may tax arbitration costs when the arbitral tribunal has not fixed or been asked to fix them.
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Arbitration — taxation of costs — High Court as Taxing Master where arbitral tribunal has not been requested to fix costs — Arbitration Act s.16(5) and s.17 — Perkins v Best-Shaw; Order 62 r.19 (White Book)
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5 September 2011 |
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Stay of an interim injunction was refused; defendants failed to show likely success on appeal or irreparable harm.
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Civil procedure — Stay of execution of interim injunction pending appeal — Application of Hilton v Braunskill factors — Interlocutory assessment of defamation defences (justification, fair comment, Reynolds public‑interest defence) — Freedom of expression vs protection of reputation — Responsible journalism
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1 September 2011 |