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Citation
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Judgment date
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| May 2014 |
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Applicant lacked sufficient interest and failed to show the council acted illegally or irrationally in managing an existing cemetery.
Administrative law – Judicial review – locus standi/sufficient interest; Local Government Act s.61 and Second Schedule para.41 – council powers to establish and maintain cemeteries; Illegality and Wednesbury irrationality as grounds for review; Evidence required to prove contamination; Commissioner of Lands’ communications during pending proceedings.
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29 May 2014 |
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A deaf-mute accused convicted of murder; court found malice aforethought and ordered detention during the President’s pleasure.
Criminal law – murder – accused deaf and dumb – capacity to make a proper defence (s160 CPC) – res gestae admissibility – proof beyond reasonable doubt – malice aforethought (s204 Penal Code) – detention during President’s pleasure (s161(2)(b) CPC).
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20 May 2014 |
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Applicant entitled to vesting order; court authorised Deputy Registrar to execute conveyance if respondent fails to do so.
Property — Vesting order — Proof of purchase and possession — Deed of assignment — Court empowered under s.14 High Court Act to order execution or authorise Deputy Registrar to execute conveyance — Burden of proof in civil proceedings.
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14 May 2014 |
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On appeal the court varied the property order to protect the applicant’s share of rental income and required valuation or interim half-rental payments until sale.
Family law – Matrimonial Causes Act (maintenance and property settlement) – evaluation and sale of matrimonial home – treatment of rental income – appellate review of factual findings.
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4 May 2014 |
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Applicant entitled to judgment for outstanding mortgage debt with interest; respondents given 120 days before foreclosure and sale.
Mortgage and secured lending – Default on loan and overdraft – Entitlement to possession and power of sale – Judgment for outstanding balance with contractual interest – Limited moratorium before foreclosure.
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4 May 2014 |