Results.
17 judgments found.
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| December 2013 |
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Delayed payment in lieu of notice does not extend employment; remedies under s85A require a proved complaint.
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Employment law — termination by payment in lieu of notice — effective date determined by contractual terms — delayed payment attracts interest but does not extend employment — Industrial Relations Court remedies under s85A require complaint to be proved.
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30 December 2013 |
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Court set aside lump-sum house and monthly maintenance orders for exceeding the consent order and not assessing means.
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Affiliation and Maintenance Act (Section 10) — Forms of maintenance (periodic, secured, lump sum) — Consent order construction — Court exceeded consent by ordering both lump sum (house purchase) and periodic payments — Failure to assess means (Section 11) — Referral for assessment.
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26 December 2013 |
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A surviving spouse’s substantial contribution to purchase of the matrimonial home creates a beneficial interest; house to be shared or sold.
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Property/equity — constructive trust — matrimonial home — surviving spouse’s monetary contribution creates beneficial interest; intestate succession not applicable; remedy by valuation and payment or sale and division; authorities: Annie Bailes, Pettitt, Falconer
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25 December 2013 |
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Allegations that the Supreme Court was biased constituted contempt admitted by the contemnor, who was convicted but granted an absolute discharge.
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Contempt of court — scandalising the court by public statements — admission and apology as purge — sentencing — absolute discharge; Procedure — Order 52(4)(1) Supreme Court Rules applicable to contempt motions in Supreme Court (leave not required); Electoral law — Section 104(6) reports by High Court and effect of Supreme Court judgments; Judicial impartiality — impropriety of parties sending legal opinions to members of the Court.
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22 December 2013 |
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Donations by a candidate during campaign rallies amounted to illegal practice under s.93(2)(c), nullifying the election.
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Electoral law — Illegal/corrupt practice — Candidate's donations during campaign — Section 93(2)(c) Electoral Act — Timing and source of donations as undue influence; Election nullification. Electoral law — Collection of voters' details — insufficient proof. Electoral law — Transporting employees to vote — no undue influence absent coercion. Electoral (Code of Conduct) Reg 10(2)(d) — candidate's presence at polling station an offence but not necessarily grounds for nullification
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18 December 2013 |
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Publication of factual allegations by a radio station was defamatory; unpleaded justification failed and damages were reduced.
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Defamation — natural and ordinary meaning — justification must be specifically pleaded — fair comment applies only to opinion — causation between publication and dismissal/retirement — appellate reduction of excessive damages.
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18 December 2013 |
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Donations by a candidate during campaign rallies amounted to an illegal practice under s.93(2)(c), so the election was nullified.
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Electoral law — undue influence and illegal practices — donations during campaign rallies treated as corrupt/illegal under s.93(2)(c); candidate’s timing and source of donations; insufficiency of evidence for NRC collection, bribery of individuals, transport of employees and defamatory/sexual allegations; Regulation 10(2)(d) breach not sufficient for nullification
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17 December 2013 |
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Whether an irregular judge transfer without recorded recusal and transfer order voided the High Court proceedings.
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Judicial recusal and transfer — sections 6–7 Judicial (Code of Conduct) Act — section 23(1) High Court Act — mandatory disclosure and transfer order — effect of irregular transfer on jurisdiction — void proceedings ab initio; professional conduct of counsel
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17 December 2013 |
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Open Court conversion of originating summons removes requirement for leave to appeal; executed possession precludes stay, but sale restrained pending appeal.
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Civil procedure — Conversion of originating summons to writ under Order 28 Rule 9 — Open Court versus chambers — Requirement of leave to appeal under s.24(1)(e) Supreme Court Act — Stay of execution after possession executed.
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13 December 2013 |
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A stay of execution pending appeal is discretionary and requires prospects of success and proof of irrecoverable relief.
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Civil procedure — Stay of execution pending appeal — Discretionary remedy — Court may preview prospects of success — Requirement to show irrecoverability or risk of rendering appeal nugatory — Appeal challenging findings of fact; procedural defect; binding precedent.
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13 December 2013 |
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Taxing Master must re-tax every bill item; respondent aware of hearing and ordered to pay costs.
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Civil procedure — Taxation of costs — Order 62 Rule 12 — Taxing Master must tax every item on bill — Default taxation and proof of service — Setting aside taxation — Costs for deliberate non-attendance.
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13 December 2013 |
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Conversion of originating summons to writ made the matter open Court; no leave to appeal required, stay refused but sale prohibited pending appeal.
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Civil procedure — Originating summons converted to writ and statement of claim — Contentious matter requiring viva voce evidence — Proceedings held and judgment delivered in chambers — Whether leave to appeal required — Stay of execution — Execution already effected — Property not to be sold pending appeal
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12 December 2013 |
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Respondent’s election quashed for widescale gift distribution and defamatory/threatening campaigning likely affecting voters' choice.
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Electoral law — Section 93(2)(a) & (c) Electoral Act — distribution of gifts (chitenge, bicycles) and false/malicious campaign statements — pleadings requirement — standard of proof in election petitions (higher than balance of probabilities) — costs in constitutional/election matters (public interest)
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12 December 2013 |
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Commencing separate proceedings to discharge a mortgage while related proceedings over the same property are pending is multiplicity of actions and an abuse of process.
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Civil procedure — duplicity and multiplicity of actions — mortgage action under Order 88 RSC — applicability of general RSC/High Court Rules — counterclaim under Order 27/Order 15 — preservation order — abuse of court process.
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6 December 2013 |
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Appellate courts may enhance sentences; theft while posing as public officers is an aggravating factor justifying a maximum sentence.
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Criminal law — Sentencing — Appellate jurisdiction to increase sentence on appeal (s.327 CPC) — Aggravating factor: theft committed while posing as public officers — Section 9(7) CPC dispenses with confirmation on first appeal.
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4 December 2013 |
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Single-witness identification upheld; uninvestigated alibi found non-prejudicial given overwhelming prosecution evidence.
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Criminal law — Vandalism of public property — Identification evidence — Single identifying witness and corroboration — Duty to investigate alibi — Overwhelming prosecution evidence — Mistaken identity risks eliminated by prior acquaintance and adequate observation conditions.
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3 December 2013 |
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Conviction for aiding a prisoner's escape upheld on direct and compelling circumstantial evidence.
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Criminal law — Aiding prisoner to escape — custody officer opening cells and permitting detainee to exit — direct and circumstantial evidence — guilty knowledge and adverse inference — Chimbini v The People applied.
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3 December 2013 |