Results.
6 judgments found.
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| February 2003 |
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Leave under section 281 should not be refused by pre-judging a pending defamation claim; matter remitted for trial.
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Companies Act s281 — leave to proceed against company in liquidation — requirement and scope of inquiry; civil procedure — whether leave application may adjudicate merits — prohibition on pre-judging; tort — defamation (slander) actionable per se; prior unappealed Registrar’s ruling; liquidator’s powers vs. right to trial.
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28 February 2003 |
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Whether leave under section 281 should be refused after a prior ruling that the applicant’s claim disclosed actionable slander.
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Companies Act s281 — leave to proceed against company in liquidation — discretion to grant leave where dispute predates winding up — trial court must not prejudge merits — prior ruling that claim disclosed actionable slander binding absent appeal.
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28 February 2003 |
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Discovery of a contaminant in an unopened bottle does not establish actionable negligence without consumption and proven injury.
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Product liability; negligence — Donoghue v Stevenson; requirement of consumption and consequent injury; Food and Drugs Act — contamination a criminal offence; statutory duty vs civil remedy; causation and proof of actual damage.
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19 February 2003 |
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Judicial review examines process not merits; Article 43(3) allows Parliament wide discretion to remove a former President’s immunity without prior charges.
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Constitutional law — Immunity of former President — Interpretation of Article 43(3) — Judicial review: scope and procedure — Affidavit evidence and discretion to refuse viva voce — Parliamentary procedure and natural justice — Section 34 and judicial jurisdiction
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18 February 2003 |
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No civil recovery for contaminated unopened drink: consumption and resultant injury required; Food and Drugs Act s3(b) imposes criminal, not civil, remedy.
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Tort — negligence: requirement of consumption and resultant injury for manufacturer liability; statutory breach under Food and Drugs Act s3(b) attracts criminal sanctions only; proof of causation and actual damage required for civil recovery
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18 February 2003 |
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No civil liability where contaminated drink was unopened and no injury proven.
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Tort — Manufacturer liability — requirement of actual damage; Food and Drugs Act — contamination criminalised but statutory breach does not automatically create civil remedy; causation and proof of damage required
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18 February 2003 |