Results.
11 judgments found.
|
|
|
| February 2020 |
|
|
|
28 February 2020 |
|
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.
|
25 February 2020 |
|
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.
|
21 February 2020 |
|
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.
|
21 February 2020 |
|
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.
|
21 February 2020 |
|
|
20 February 2020 |
|
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.
|
11 February 2020 |
|
|
11 February 2020 |
|
|
11 February 2020 |
|
|
5 February 2020 |
|
|
4 February 2020 |