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Citation
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Judgment date
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| May 2020 |
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Application for interim relief to compel water supply during COVID‑19 lockdown dismissed for lack of prima facie right, irreparable harm, and vagueness.
Constitutional right to water (s77) and basic healthcare (s76) – Urgency in public‑health lockdown context – Locus standi of associations/trusts under s85 – Interim relief: prima facie right, irreparable harm, balance of convenience – Procedural irregularities and condonation – Vague relief (undefined “adequate” supply)
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21 May 2020 |
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Application to compel the prosecutor to review an acquittal dismissed for delay, wrong remedy and weak prosecution evidence.
Criminal procedure — discharge at close of state case — sufficiency of evidence; review v appeal distinction; Prosecutor‑General independence subject to Constitution; time limits and condonation for review; non‑joinder of interested parties
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20 May 2020 |
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Increased reporting and higher deposit did not constitute changed circumstances; bail refused given seriousness and public safety risks.
Criminal procedure — Bail — Further application after refusal — Changed circumstances required (Proviso (ii) to s116 CPEA) — Passage of time and COVID-19 delays — Increased reporting and higher deposit not new facts — Seriousness of offences and public safety concerns — Police officers alleged to have used firearms.
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18 May 2020 |
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Summary judgment for eviction referred to unopposed roll after opponent failed to establish locus standi or appear.
Civil procedure – Summary judgment (Order 10 r 64) – Eviction following state acquisition and allocation – Locus standi of purported beneficiary – Joinder and proof of entitlement – Failure to prosecute – Unopposed application
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13 May 2020 |
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Applicant failed to prove a valid sale or entitlement to 50% syndicate shares; application dismissed with costs.
Mining law – ownership and transfer of mining syndicate interests – requirement of proved agreement and properly executed, lodged and authenticated transfer documentation; proof on a balance of probabilities; estate administration and executor’s inventory
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13 May 2020 |
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Applicants' review of suspension of annual inflation figures dismissed due to lack of authorisation by their representatives.
Administrative law — review of suspension of year‑on‑year inflation publication; locus standi and authority to sue — corporate/trade union resolutions; trusts must be represented by trustees; preliminary points — failure to show authorisation is fatal
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13 May 2020 |