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Citation
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Judgment date
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| January 2003 |
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Respondent’s vexatious, dishonest opposition justified confirmation of the provisional order and punitive attorney-and-client costs.
Civil procedure — Confirmation of provisional order — Costs — Attorney-and-client (punitive) costs justified where respondent’s opposition was vexatious, dishonest or abusive of court process.
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29 January 2003 |
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Applicant granted interim relief pending return date due to prima facie right and balance of convenience favoring possession.
Land law – resettlement allocations – validity of allocations made prior to State acquisition (ultra vires); Civil procedure – service of acquisition (section 5) orders – requirement for proof where not served by Sheriff (rule 42B(c)); Civil procedure – interim relief – prima facie right and balance of convenience; Administrative law – defective advertisement/description of land may affect acquisition validity.
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29 January 2003 |
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Sentence exceeded statutory maximum; duplicate charge and unlawful compensation order were set aside against the accused.
Trapping of Animals (Control) Act – correct citation (Ch 20:21) – statutory maximum penalty s30(1)(a) – unlawful excessive sentence – duplication of charges/alternative charges – R v Peterson test for splitting charges – compensation under s19 limited to wild animals – procedural requirement for compensation under s368 Criminal Procedure and Evidence Act – forfeiture of instrument of offence.
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29 January 2003 |
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Imprisonment for a female first offender causing only potential prejudice was excessive; substituted with a suspended sentence.
Sentencing — undue harshness — female first offender — misrepresentation causing potential (not proved) prejudice — preference for non‑custodial sentences — suspended sentence substituted.
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29 January 2003 |
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Execution pending appeal granted to protect the child's best interests over the respondent's potential prejudice.
Family law – Execution pending appeal – Child removal – Best interests of the child paramount – Irreparable harm assessment – Prospects of success on appeal – Passport surrender.
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22 January 2003 |
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An unregistered irrigation group’s claim to joint ownership of barley proceeds failed for lack of legal personality and clear right.
Civil procedure – Interdict pendente lite – Requirements: clear right, infringement or apprehension, no alternative remedy, balance of convenience; Legal personality – Unregistered association/trade name – capacity to sue; Ownership of agricultural produce – evidentiary burden to show joint ownership.
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22 January 2003 |
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Bail denied due to risk of abscondment evidenced by serious, premeditated vehicle theft and flight at arrest.
Bail — presumption of innocence and statutory onus (s116(7)(c)) — risk of abscondment — seriousness/premeditation of offence — flight during arrest — refusal of bail.
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22 January 2003 |
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Applicant may not obtain separate bail for additional charges arising from the same investigation; application dismissed.
Criminal procedure—Bail—Change of circumstances—New charges arising from same investigation—Prohibition on fragmenting charges for separate bail—Single trial principle—Prevention of Corruption Act.
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22 January 2003 |
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Court overturned bail refusal, finding magistrate misdirected herself and granted bail subject to conditions.
Criminal law – Bail – Armed robbery charge – Whether magistrate erred in refusing bail – Risk of absconding and witness interference – Presumption favoring liberty – Use of bail conditions to manage risks.
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22 January 2003 |