Results.
6 judgments found.
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| February 2014 |
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Circumstantial evidence, res gestae statements, and the accused's flight and admission established malice aforethought and supported a murder conviction.
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Criminal law — Murder (Penal Code s.200) — Malice aforethought (s.204) — Circumstantial evidence — Res gestae admissions — Flight and discovery of weapon corroborating testimony
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25 February 2014 |
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Bank vicariously liable for employees' role in deposit suppression; damages reduced for equal contributory negligence by customer.
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Bank liability — alleged suppression of cash deposits — vicarious liability for employees' fraud — burden of proof as to tampering of deposit slips — contributory negligence by customer’s employees — apportionment of damages
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24 February 2014 |
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Fraudulent concealment can postpone limitation; statutory pre‑action rules apply to actions against revenue authorities; High Court prepares election reports; criminal intent may be inferred from repeated violent conduct.
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Limitation — fraudulent concealment postpones time; Judicial review — applicability of statutory pre‑action duties (Customs Act) vs Order 53; Case stated procedure; Voluntariness and admissibility of confessions; Inference of malice aforethought from repeated force; High Court duty to prepare statutory electoral report (s.104(6)); Jurisdictional limits of Local Courts in probate; Forfeiture on reasonable suspicion under proceeds‑of‑crime law
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17 February 2014 |
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Whether the applicant’s wrongful dismissal claim was time‑barred and what remedies are appropriate for forced leave and unpaid entitlements.
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Employment law — limitation period and accrual of cause of action; forced leave versus dismissal; wrongful dismissal for failure to give notice; mitigation and unjust enrichment; reinstatement discretionary; damages, interest and costs awarded
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13 February 2014 |
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Whether the deceased's mother‑in‑law was a dependant and how the intestate estate must be administered and divided.
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Intestate succession — definition of 'dependant' requires living with deceased immediately prior to death; administrators' powers may be exercised by majority; personal chattels to be shared equally between spouse and children; surviving spouse entitled to life interest in house; court may order inventory and restrain administration until accounts produced
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13 February 2014 |
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Whether documentary proof of delivery established entitlement to unpaid contract price where the defendant failed to rebut evidence.
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Sale of Goods — proof of delivery and acknowledgement — evidential burden of plaintiff and effect of defendant’s failure to rebut documentary proof — contractual delivery and payment terms — interest and costs
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10 February 2014 |