Results.
7 judgments found.
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| May 1982 |
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A misdescription (money instead of cheque) is curable where substance unchanged and no prejudice to the accused.
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Criminal law — Particulars of offence — Defect in description of thing obtained (money vs cheque) — Defect curable by amendment — Proviso to s.15(1) Supreme Court Act where no prejudice — Knowledge element in obtaining by false pretences.
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28 May 1982 |
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A descriptive error charging cash instead of a cheque is curable where it causes no prejudice; conviction upheld.
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Criminal law — Particulars of offence — Obtaining by false pretences — Cheque v. cash — Descriptive defect curable by amendment — Proviso to s.15(1) Supreme Court Act applicable where no prejudice
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27 May 1982 |
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Procedure and admissibility when treating a witness as hostile and using prior inconsistent statements to impeach credibility.
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Criminal evidence — Hostile witness — Procedure for treating a witness as hostile under s.3 Criminal Procedure Act 1865 — Court's common-law discretion to declare hostility — Prior inconsistent statements admissible to impeach credibility only, not as proof of truth
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20 May 1982 |
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Purchase of all issued shares can create a beneficial interest enabling lodging of a caveat under s.76.
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Company law — acquisition of issued share capital conferring control; constructive/resulting trust; beneficial proprietary interest; caveat under s.76 Lands and Deeds Registry Act; piercing corporate veil (D.H.N. authority)
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15 May 1982 |
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Interlocutory injunctions cannot be used to grant final relief; contested matters should not rest on hearsay affidavits.
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Civil procedure — Interlocutory injunction — Interim application treated as interim; final relief (perpetual injunction, vacant possession, damages) cannot be granted on interlocutory application absent consent — Evidence — Affidavits — Contested matters should not be decided on hearsay affidavits
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9 May 1982 |
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Appellate reduction of libel damages where trial court considered extraneous events and failed to mitigate due to reputable source.
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Defamation — assessment of damages — appellate interference standard — presumption of plaintiff’s good character — mitigation where statement sourced from reputable government official — impermissible consideration of extraneous events.
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4 May 1982 |
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Appellate court reduced libel damages after finding extraneous considerations influenced the trial judge and source credibility mitigated harm.
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Libel — assessment of damages — appellate interference standard; presumption of good character; mitigation where report derived from reputable government source; inadmissible extraneous matters in quantum assessment
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3 May 1982 |