Results.
10 judgments found.
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| March 2012 |
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Election petition dismissed for failure to prove corrupt or illegal practices to the required higher standard.
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Electoral Law
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Election Petitions — Standard of proof higher than balance of probabilities — Electoral Act s93(2)
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Candidate Liability — Acts by civil servants or third parties — Knowledge, consent or approval of candidate or election agent required
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Alleged Malpractices — Bribery, voters’ card collection, polling irregularities — Effect on majority of voters required to void election
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29 March 2012 |
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Application to consolidate dismissed: claims concern distinct transactions and plaintiffs lacked unified legal representation.
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Civil Procedure
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Consolidation of actions — Whether causes arise out of same transaction or common questions of law or fact — High Court Act Order III(5); Whitebook Order 4 r9
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Consolidation — Different solicitors for plaintiffs and requirement of agreement or single representation — Whitebook Order 4 r9(2)
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25 March 2012 |
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Petitioner failed to prove corrupt practices or non‑compliance that materially affected the parliamentary election result.
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Electoral Law
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Election Petitions — Standard of proof and requirement to show substantial effect on result
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Campaign Conduct — Ferrying voters and treating — Agency, attribution and candidate liability
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Electoral Administration — Ballot accounting and verification — Unstamped/rejected ballots and impact on election result
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25 March 2012 |
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Election annulled for defamatory publication and vote‑buying that rendered the poll not free and fair.
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Electoral Law — Corrupt and Illegal Practices — Publication of false statements and vote‑buying — Effect on validity of election — Electoral Act ss79,83,93
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Electoral Administration — Postponement of Polling — Whether logistical delays/non‑compliance affected result — Electoral Act s29
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21 March 2012 |
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Whether alleged bribery, intimidation and misuse of public resources invalidated a parliamentary election.
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Electoral Law
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Corrupt and Illegal Practices — Standard of proof required in election petitions and effect of a single proven corrupt act
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Agency and Gifts — When government or charitable donations constitute bribery and candidate liability for agents
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Election Administration — Whether election was conducted substantially in accordance with law; Election Act s.93; Electoral (Code of Conduct) Regulations
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21 March 2012 |
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Court upholds corruption and abuse-of-office convictions; ACC Act’s explanation-presumption consistent with constitutional rights.
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Criminal law — corruption and abuse of office — Part IV ACC Act and statutory presumption requiring satisfactory explanation — compatibility with constitutional right to silence; sufficiency of circumstantial and documentary evidence; admissibility/authentication of foreign documents and expert opinion evidence; investigative omissions and fairness of trial
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15 March 2012 |
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Bail pending appeal denied where applicant failed to show exceptional circumstances and was a potential flight risk.
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Criminal procedure — bail pending appeal under s.332 — requirement of exceptional circumstances — considerations include likelihood of success on appeal, sentence length, prejudice and flight risk, particularly for foreign nationals
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8 March 2012 |
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Failure to comply with discovery directions waived rights to object; challenged documents were not "without prejudice" and both expungement applications were dismissed.
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Civil procedure — discovery and inspection — failure to comply with directions — waiver of right to object to documents; Evidence — "without prejudice" communications — admissibility requires genuine settlement negotiation and offer; Relevance — interlocutory expungement inappropriate where statement of claim lacks specificity
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6 March 2012 |
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Court refused interim injunction over disputed land title, holding the balance of convenience favoured maintaining the status quo pending trial.
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Interim injunctions — land — registered title v. asserted customary occupation — irreparable harm and adequacy of damages — balance of convenience — preservation of status quo pending trial; alleged improper acquisition of title
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5 March 2012 |
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Court pierced the corporate veil, holding the respondent’s director personally liable and refusing an instalment stay for insufficient disclosure.
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Companies law — Piercing corporate veil under s.383 — Director personally liable where company used to perpetrate fraud; Execution — refusal of stay and instalment plan for lack of disclosure under Order 36 r9 and White Book Order 47 r1; Evidence required to lift veil; Costs and leave to appeal
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1 March 2012 |