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Title:
2010-02-05 Hughes v Janrule Pty Ltd t/as Gregory's Ford [2010] ACTSC 5
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Content: PAUL JOHN HUGHES v JANRULE PTY LTD T/A GREGORY’S FORD. 2010] ACTSC 5 (5 February 2010). NEGLIGENCE – personal injury – claim against employer – safety of place and system of work – plaintiff losing footing and falling on metal staircase – whether surface of step slippery – whether maintenance adequate – whether ...
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Title:
2010-02-04 Zammit v El-Khoury & Anor. [2010] ACTSC 6
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Content: ANDRE ZAMMIT v DANY ELIAS EL-KHOURY & ANOR. 2010] ACTSC 6 (4 February 2010). PRACTICE & PROCEDURE – Costs – dispute between neighbours resolved by consent orders – parties not heard on costs at time of judgment – application for a costs order – unnecessarily complicated and prolonged dispute – no order as to costs ...
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Title:
2010-01-29 Taylor v Dixon Advisory Limited [2010] ACTSC 2
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Content: RICHARD TAYLOR v DIXON ADVISORY LIMITED. 2010] ACTSC 2 (29 January 2010). PRACTICE and PROCEDURE – pleadings – whether admission of facts made in defence – whether proposed amended defence constituted withdrawal of admission – whether defendant should be permitted to withdraw factual admission – wh ...
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Title:
2010-01-29 Smith v Hicki [2010] ACTSC 3
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Content: THOMAS HAMILTON SMITH & ANOR v PETER HICKI. 2010] ACTSC 3 (29 January 2010). PRACTICE and PROCEDURE – application for summary judgment for defendant – dispute as to facts – Court not satisfied that action bound to fail – application dismissedCOURTS and JUDICIAL SYSTEM – jurisdiction – cross-vesting legislation – act ...
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Title:
2010-01-29 Hay v Belconnen Magpies Sports Club Limited & Anor [2010] ACTSC 1
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Content: WARWICK PETER HAY v BELCONNEN MAGPIES SPORTS CLUB LIMITED & ANOR. 2010] ACTSC 1 (29 January 2010). PRACTICE AND PROCEDURE – proceedings struck out by operation of Court Rules – application to reinstate proceedings – application rendered nugatory by amendment to Rules – application stood over genera ...
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Title:
2010-01-12 Eastman v Chief Executive Officer of the Department of Justice and Community Safety [2010] ACTSC 4
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Content: HUMAN RIGHTS ACT. DAVID HAROLD EASTMAN V CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF JUSTICE AND COMMUNITY SAFETY. 2010] ACTSC 4 (12 January 2010). HUMAN RIGHTS – interlocutory application – injunction sought by prisoner to be offered specific employment – medical evidence that employment needed a ...
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Title:
2009-12-31 In the matter of an application for Bail by Breen [2009] ACTSC 172
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Content: HUMAN RIGHTS ACT. IN THE MATTER OF AN APPLICATION FOR BAIL BY RICHARD DONALD BREEN. 2009] ACTSC 172 (31 December 2009). BAIL – review of refusal of bail in Magistrates Court – applicant charged with threat to kill – applicant convicted of offence of violence in previous 10 years – presumption in favour of bail “does no ...
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Title:
2009-12-18 R v Siddon [2009] ACTSC 169
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Content: R v DEREK SIDDON. 2009] ACTSC 169 (18 DECEMBER 2009). CRIMINAL LAW – trial by judge alone – 10 charges of sexual intercourse with a person under the age of 16 years – charges not proved beyond reasonable doubt – accused found not guilty.Crimes Act 1900 (ACT) s 50, s 55. ...
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Title:
2009-12-18 J by his litigation guardian Maxwell Bernard Vardanega v Australian Capital Territory [2009] ACTSC 170
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Content: J BY HIS LITIGATION GUARDIAN MAXWELL BERNARD VARDANEGA v . 2009] ACTSC 170 (18 December 2009). ADMINISTRATIVE LAW – sentence of committal to an institution in the Children’s Court – application for an order of habeas corpus, Supreme Court Act 1933 (ACT) s 34B; Court Procedures Rules 2006 (ACT) rr 3506, 3507 – whether s ...
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Title:
2009-12-17 R v Leong [2009] ACTSC 173
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Content: R v EDMUND THOMAS LEONG [2009] ACTSC 173 (17 December 2009). CRIMINAL LAW – offence of act of indecency on a child under the age of 10 years –special verdict of not guilty by reason of mental impairment entered – consequences of special verdict depend on whether offence is a “serious offence” – whether definit ...
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