Results.
9 judgments found.
|
|
|
| June 1994 |
|
|
Appeal dismissed: replacement value award upheld; 15% interest to judgment, statutory 6% applies post‑judgment.
-
Civil damages — award of replacement value for seized property — entitlement to fair second‑hand replacement value; Interest on damages — pre‑judgment interest at awarded contractual/assessed rate (15%) upheld; post‑judgment interest governed by statute (6%) — conflict between Order 36 Cap 50 and Section 20 Cap 92 noted but not resolved.
|
28 June 1994 |
|
A court must consider the parties’ conduct before awarding interest on a debt; triable issues precluded summary judgment.
-
Interest on debt — discretion to award interest under Law Reform (Miscellaneous Provisions) Act s.4 — summary judgment (Order XIII) — interlocutory assessment by analogy — conduct of parties relevant — existence of triable issues
|
28 June 1994 |
|
|
23 June 1994 |
|
Appeal dismissed: identification by known victims was reliable and mandatory minimum sentence could not be reduced.
-
Criminal law — Aggravated robbery — Identification evidence and parade — Caution with single witness identification — Credibility — Mandatory minimum sentence — Appeal against conviction and sentence.
|
20 June 1994 |
|
Volenti applies where plaintiff knowingly accepted worn-tyre risk; res ipsa loquitur cannot be used alongside alleged particulars.
-
Damages — Negligence — Res ipsa loquitur: inappropriate where plaintiff pleads particulars; Burden of proof; Volenti non fit injuria — voluntary acceptance of known risk by employee/passenger; Appellate review — reversal where trial court’s factual evaluation is unbalanced or perverse
|
8 June 1994 |
|
Whether a police superior may lawfully vary or cancel a Regulating Officer's permit for a public meeting.
-
Public Order Act — permit for public meeting — Regulating Officer’s discretion — police chain of command — lawful cancellation or variation of permit — freedom of speech and association — damages for wasted expenses.
|
8 June 1994 |
|
Conviction for aggravated robbery upheld where independent forensic and eyewitness corroboration supported an interested witness’s testimony.
-
Criminal law — aggravated robbery — accomplice/witness with interest — requirement for corroboration — corroboration by recovered goods and ballistic evidence — application of proviso to uphold conviction.
|
7 June 1994 |
|
A company is bound by contracts made by its authorised agents and cannot avoid liability by asserting internal limitations on their authority.
-
Contract of sale — specific performance — agency — apparent/ordinary authority of company agents — company cannot rely on internal limits to defeat third‑party rights (Turquand principle)
|
7 June 1994 |
|
Payment in lieu of notice, once paid in final settlement, ends the contract and excludes later backdated salary increases from applying to that payment.
-
Employment law — payment in lieu of notice — effect of payment on termination of contract — no continuing obligation or consideration after settlement — retrospectively applied salary increases do not affect settled payments — entitlement to arrears for notice period not actually received
|
6 June 1994 |