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Citation
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Judgment date
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| March 2020 |
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Reports of an LGSC suspension were not defamatory; publications were protected as fair comment on a matter of public interest.
Defamation/libel – reporting of administrative suspensions – truth and public interest – fair comment defence – requirement to prove falsity and malice – identification by office versus personal allegation; failure to prove reputational harm.
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25 March 2020 |
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Tenant's failure to give the prescribed written request and rent arrears justified refusal of a new tenancy and validated termination notices.
Landlord and Tenant (Business Premises) Act — application for new tenancy — tenant's failure to give prescribed written request — persistent delay in paying rent and substantial breaches as grounds under s.11 to oppose new tenancy — statutory notice requirements and substantial compliance — termination notices valid despite non-identical form.
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23 March 2020 |
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Court removed executrices for failure to administer estate, ordered property sales and vested pension in the residuary estate.
Wills and Testate Estates — Removal/substitution of executrix under s.51(2) — Fiduciary duty and supervision of executors — Sale of estate immovable property — Construction of testamentary trust clause for pension benefits.
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23 March 2020 |
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An army officer’s dismissal for unauthorised outside employment upheld where dismissible misconduct was proven and no approval obtained.
Military/employment law — Unauthorised outside employment by serving officer — Defence (Regular Forces) (Officers) Regulations (Reg. 91) — Procedure and natural justice in disciplinary dismissals — Where dismissible offence established, procedural non‑compliance may not render dismissal unfair; Regulation 10A (cancellation of commission).
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23 March 2020 |
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Defendant failed to prove alleged construction defects, remedial costs and lost rentals; counterclaim dismissed, costs to plaintiff.
Contract – construction contract (oral) – alleged defective and incomplete works – patent and latent defects – evidential burden (photographs, receipts, expert/records) – Order 23 referee report – measure of damages and foreseeability of consequential loss (lost rentals).
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23 March 2020 |
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Subordinate Court lacked jurisdiction to order matrimonial property settlement absent a Local Court divorce order; judgment set aside.
Family law — Property settlement ancillary to divorce — customary marriage requires Local Court divorce order before Subordinate Court adjudication; Civil procedure — judgment in absence — setting aside for want of service or opportunity to be heard; Land law — certificate of title not displaced by Subordinate Court absent proper jurisdictional basis.
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17 March 2020 |