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Citation
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Judgment date
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| December 2018 |
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19 December 2018 |
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14 December 2018 |
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3 December 2018 |
| November 2018 |
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27 November 2018 |
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26 November 2018 |
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3 November 2018 |
| October 2018 |
|
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15 October 2018 |
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15 October 2018 |
|
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11 October 2018 |
| September 2018 |
|
|
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28 September 2018 |
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20 September 2018 |
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14 September 2018 |
| August 2018 |
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|
|
17 August 2018 |
| July 2018 |
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Court quashed verbal timber export ban for illegality, ordered licences issued; damages claim dismissed.
Judicial review — Forests Act (ss. 50, 53, 62) — Illegality and procedural impropriety for failure to give written notice and show cause — Ministerial verbal export ban unsupported by statute — Mandamus to statutory officer to issue/renew licences — Damages/compensation dismissed; s.56(1)(b) bars compensation.
|
28 July 2018 |
|
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16 July 2018 |
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11 July 2018 |
| June 2018 |
|
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Claim for commission dismissed where claimant acted as unregistered estate agent and gave inconsistent evidence.
Estate Agents Act s.36 – unregistered person holding out as estate agent – prohibition on practising without registration; evidentiary weight of inconsistent testimony in commission claims; entitlement to commission barred by illegality under statute.
|
26 June 2018 |
|
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24 June 2018 |
|
Court confirmed interim attachment under Arbitration Act s.11 due to urgency and risk of respondent removing assets abroad.
Arbitration Act s.11 — Interim measures — Court’s power to order preservation/attachment of goods before appointment of arbitral tribunal — Urgency and risk of assets being removed — Balance of probabilities for interim relief.
|
15 June 2018 |
| May 2018 |
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18 May 2018 |
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10 May 2018 |
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10 May 2018 |
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10 May 2018 |
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10 May 2018 |
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10 May 2018 |
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10 May 2018 |
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10 May 2018 |
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8 May 2018 |
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8 May 2018 |
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7 May 2018 |
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7 May 2018 |
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7 May 2018 |
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3 May 2018 |
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2 May 2018 |
|
Whether the respondent was a consumer of transport services and whether the Tribunal had jurisdiction absent an appealable Commission decision.
Competition and Consumer Protection Act — interpretation of "consumer" (s.2(1)(b)) — distinguishing consumer of goods and consumer of services; meaning of "order" and "direction" under s.60; appealable decisions; jurisdiction of Competition and Consumer Protection Tribunal; ultra vires acts and nullity of decisions.
|
2 May 2018 |
| April 2018 |
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26 April 2018 |
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26 April 2018 |
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26 April 2018 |
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26 April 2018 |
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26 April 2018 |
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26 April 2018 |
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25 April 2018 |
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25 April 2018 |
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25 April 2018 |
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25 April 2018 |
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25 April 2018 |
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24 April 2018 |
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24 April 2018 |
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The applicant's insurance claim failed because the policy lapsed for non‑payment and was not reinstated.
Insurance law – non‑payment of premium – automatic lapse under instalment agreement and Insurance Act; reinstatement requires full clearance of arrears; acceptance of partial late payment does not constitute waiver or reinstate policy; claims arising during lapsation inadmissible; reinsurer involvement immaterial to existence of cover.
|
24 April 2018 |
|
The applicant's stay and leave to appeal were refused because the injunction dissolution left nothing to stay and the appeal lacked realistic prospects.
+ Injunctions – dissolution of ex parte interim injunction – when there is nothing to stay
+ Stay of execution – only available where an enforceable remedy exists
+ Appeal from chambers order – leave required; realistic prospects test
+ Procedural irregularity – wrong rule cited not necessarily fatal
+ Appellate scope – issues raised for first time or for trial are not grounds for leave
|
23 April 2018 |