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Citation
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Judgment date
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| February 2020 |
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28 February 2020 |
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Custody upheld for the respondent on children’s best interests; maintenance set aside for means assessment.
Family law – custody: welfare of the child paramount; reliance on Social Welfare Report and child’s wishes; maintenance: necessity of means/needs assessment where financial circumstances change; remittal for reassessment.
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25 February 2020 |
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Whether the appellant’s registered title prevails over mistaken developers and who bears liability for wrongful local authority land allocations.
Land law – certificate of title – conclusive evidence of ownership; quiet possession and exclusion; mistaken non-owner developer – no restitution for improvements; quicquid plantatur solo solo cedit; trespass – damages and vacant possession; local authority liability for wrongful allocations; procedural – substantial compliance with record of appeal rules.
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21 February 2020 |
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Whether a mistaken non-owner developer can retain improvements against a registered titleholder.
Land law – Certificate of title conclusive (subject to fraud) – Mistaken non-owner improver; improvements vest in registered owner (quicquid plantatur solo solo cedit) – Occupier's liability for trespass and loss of use – Municipal authority's wrongful allocation; procedural compliance with record of appeal.
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21 February 2020 |
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Committal for contempt dismissed where stay was premised on non-existent properties and applicant abused court process.
Contempt of court – Committal proceedings – Stay of execution pending appeal – Effect of erroneous property description and renumbering – Abuse of process and forum shopping – Orders obtained ex parte – Costs awarded to contemnor.
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21 February 2020 |
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20 February 2020 |
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Application to file record of appeal out of time refused; delay and bereavement insufficient to justify extension.
Civil procedure — Extension of time to file record of appeal — Discretionary relief — Compliance with court orders — Bereavement and delay insufficient to warrant another extension.
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11 February 2020 |
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11 February 2020 |
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11 February 2020 |
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5 February 2020 |
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4 February 2020 |