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Citation
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Judgment date
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| March 1981 |
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Court held emergency detention subject to objective reasonableness review; detainee must show measures were unreasonable.
Constitutional law – detention under emergency regulations – Preservation of Public Security Regulations reg.33(1) – reviewability of detaining authority’s satisfaction – objective reasonableness test – burden on detainee under Article 26 – habeas corpus and uncontradicted alibi evidence.
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25 March 1981 |
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Failure to disclose material accident evidence may warrant adjournment; appellate court can reassess credibility and award damages.
Motor-vehicle accidents — disclosure of material evidence and adjournment — unpleaded defence at trial — immediate objection, amendment or recall — appellate interference with credibility findings — assessment of damages where appeal likely — loss of use and quantum for minor personal injuries.
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11 March 1981 |
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In murder/manslaughter, the date of death must be charged; a reasonably possible alternative causation creates reasonable doubt.
Criminal procedure — murder/manslaughter: charge date should be date of death; Evidence — 'reasonably possible' alternative creates reasonable doubt; Accused's lies — may bolster credible evidence but cannot make unreliable evidence reliable.
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10 March 1981 |
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Appeal allowed; appellate standards for quantum applied, unconsciousness limits felt suffering but not loss of amenities, and future loss capitalised using corrected multiplicand and multiplier.
Damages — appellate interference with quantum; unconsciousness — effect on pain and amenities; special damages — computed to trial date; future loss — conventional vs actuarial methods; multiplier and multiplicand; interest rates on damages.
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9 March 1981 |
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Court held defendant negligent; material undisclosed evidence should prompt adjournment and damages assessed on appeal.
Evidence - material disclosure and adjournment in motor accidents; pleadings - effect of unpleaded evidence and immediate objection; appellate interference with factual findings; assessment of damages including loss of use and personal injuries.
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9 March 1981 |