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Citation
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Judgment date
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| December 2024 |
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20 December 2024 |
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2 December 2024 |
| November 2024 |
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28 November 2024 |
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22 November 2024 |
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18 November 2024 |
| October 2024 |
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31 October 2024 |
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29 October 2024 |
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25 October 2024 |
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A corrigenda corrects the record that amended pleadings were filed and changes wording, without altering the judgment's decision.
Corrigenda – correction of court record – amended writ and statement of claim filed 31 January 2022 – substitution of wording in paragraph 40 – corrigenda does not affect decision or ratio decidendi.
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23 October 2024 |
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18 October 2024 |
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Limitation under the Public Authorities Protection Ordinance may not bar claims of malicious public‑office abuse; evidence of motive is required.
Public Authorities Protection Ordinance – six‑month limitation – applicability where public officer acted bona fide versus maliciously; PAPA jurisprudence; necessity to hear evidence of motive before limitation can be applied on strike‑out; abuse of process and pre‑issue delay; lost documents (Hurricane Ike) insufficient alone to strike out.
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15 October 2024 |
| September 2024 |
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Beneficial interests are ‘property’ under the MCO; partial adjustment permitted and strike-out of ancillary claim dismissed.
Matrimonial Causes Ordinance – ancillary relief – property adjustment orders – beneficial interest constitutes ‘property’ – court may adjust shares/beneficial interests under s28(1)(a) – s30(1) sale power follows where s27/28 order made – strike-out inappropriate; amendment is proper remedy.
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24 September 2024 |
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Applicants failed to establish a real possibility of apparent bias against the Commissioner; application dismissed.
Public law — Judicial review — Apparent bias — Test of the fair-minded and informed observer — Disclosure to Integrity Commission — Limits of Integrity Commission advice — Declaratory relief in public law — Proper forum for alleged Public Service Handbook breaches.
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24 September 2024 |
| August 2024 |
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22 August 2024 |
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7 August 2024 |
| July 2024 |
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Substance abuse alone does not constitute "exceptional circumstances" to avoid the mandatory minimum for aggravated burglary.
Criminal law – Sentencing – Aggravated burglary – Mandatory minimum sentence – Section 8A Criminal Law (Amendment) Ordinance 2023 – "Exceptional circumstances" – Substance abuse not by itself exceptional; sentencing methodology: starting point, offender adjustments, guilty plea discount, credit for time served – Concurrent sentences on same incident; commencement consecutive to earlier unrelated sentence.
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31 July 2024 |
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Second plaintiff's claim struck out for lack of pleaded cause; first plaintiff's claim proceeds; O.14A inappropriate.
Striking out – Order 18 r.19 – high threshold: claim must be bound to fail; lack of pleaded relationship defeats third-party claim; Order 14A inappropriate where question of law is not precisely stated or matter raises factual issues.
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30 July 2024 |
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The defendant’s strike-out failed because disputed factual and restrictive‑agreement issues require trial determination.
Civil procedure – strike out (O.18 r.19(1)(b) & (d)) – draconian remedy; only for plain and obvious failures. Property law – easements and profits by prescription (s.138 Registered Land Ordinance) – requirement of 20 years peaceful, open, uninterrupted user. Restrictive agreements/master plan – whether internal tracks constitute ‘roads’ and confer rights of access. Evidential standard on strike-out – disputed factual issues and prejudice require trial.
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16 July 2024 |
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Submission of no case upheld where drone‑based identification was unreliable and gang and intent elements were unproven.
Criminal law — Submission of no case — Identification evidence from drone footage — Turnbull/Galbraith principles; Anti‑Gang Ordinance — 'gang‑related activity' requires planned/ongoing/continuous/repeated participation in a serious offence; Firearms Ordinance — possession of imitation firearm requires proof of intent to commit a serious offence.
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16 July 2024 |
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Appeal corrected Magistrate's arrears calculation, held maintenance order binding, awarded arrears of US$9,200 and remitted for repayment consideration.
Family law – child maintenance – whether a court-ordered maintenance sum was binding – calculation and reconciliation of competing bank records – admissibility and proof of in‑kind or cash credits – access to child does not excuse maintenance – appeal by rehearing and correction of computational errors.
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15 July 2024 |
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Magistrate misapplied s.133 EAOTO by treating extradition as criminal; appeal allowed and magistrate's costs order set aside.
Extradition — Costs — Section 133 Extradition Act 2003 (Overseas Territories) Order 2016 — Judicial power to order costs — Whether consideration of costs premature before Governor’s extradition order — Proper exercise of judicial discretion; misdirection by applying criminal-cost principles.
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9 July 2024 |
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Application to re-amend claim refused for delay and immaterial, inadequately particularised misrepresentation allegations; costs ordered against plaintiffs.
Strata/Amendment—Leave to amend pleadings; materiality and useless amendments; relation-back and limitation; delay and prejudice; need for particularity in pleading misrepresentation; standing of tenant/third-party to sue proprietor.
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5 July 2024 |
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Commission usurped Governor’s role, gave inadequate reasons, and acted unfairly; decisions quashed and applications remitted.
• Administrative law – limits of delegated decision‑making: Commission exceeded its role by applying Governor‑reserved criteria without prescribed evaluation guidelines. • Procedural fairness – applicants entitled to adequate reasons and opportunity to address material considerations. • Reasons – mere citation of statutory subsections insufficient under constitutional duty to give reasons. • Bias – apparent bias found where public statements by commission members created a real possibility of prejudice. • Remedy – certiorari and mandamus: quash decisions and remit applications for fresh consideration.
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5 July 2024 |
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Non-resident plaintiff must provide security for costs after failing to disclose assets; strike-out refused as factual issues require trial.
Civil procedure — Order 14A (strike-out) — factual disputes (mitigation/repudiation) preclude disposal on point of law; Security for costs — non-resident plaintiff; discretion under Order 23 r.1(1)(a); failure to disclose assets in jurisdiction; quantum of security fixed at $10,000.
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2 July 2024 |
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Court found exceptional circumstances and reduced mandatory twelve‑year minimum to five years four months with time served credit.
Firearms Ordinance s.3 and s.30 – mandatory minimum imprisonment for unlawful possession of ammunition; exceptional circumstances exception and its scope Sentencing – proportionality and holistic assessment to determine whether mandatory minimum is arbitrary or disproportionate Plea mitigation – availability of plea discount where court finds exceptional circumstances and departs from mandatory minimum Sentencing methodology – starting point, offender adjustments, plea discount, and credit for time served
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1 July 2024 |
| June 2024 |
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The court struck out most claims against the respondent (4th defendant); only the claim about uninitialled transfer registration survives.
Civil procedure – Order 18 r.19 strike-out – reasonable cause of action; Pleading requirements – fraud and misrepresentation must be pleaded with particularity; Professional liability – preparation/registration of transfer documents; Aiding and abetting – lack of clear pleaded civil cause; Prejudice – weight against striking out.
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25 June 2024 |
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Applicants failed to establish backdating or impropriety in a judge’s appointment or case listing; leave refused.
Judicial review — leave threshold; alleged backdating of judicial appointment; administrative listing of cases; Wednesbury irrationality; procedural impropriety; necessity of strong evidence for serious allegations.
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24 June 2024 |
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Court set aside statutory demand as abuse; winding‑up grounds based on disputed, time‑barred fee claim dismissed; administrator application may proceed.
Insolvency — Statutory demand — Whether debt is liquidated or genuinely disputed — Abuse of process — Winding‑up petition grounds dependent on disputed fee claim struck out — Appointment of administrator as distinct remedy permitted to proceed — Limitation/ statute‑bar as defence.
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14 June 2024 |
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Judicial review dismissed: applicant failed to show legal error in outline planning permission and parcel consolidation.
Planning law – outline development permission; procedural fairness and consideration of objections; Development Manual v Building Code on storey/height definitions; basement not counted as a storey for planning purposes; ODP conditions (EIA, carrying‑capacity, Crown lease) can be imposed prior to Detailed Planning Permission; consolidation of non‑contiguous parcels accepted administrative practice; judicial review requires demonstrated jurisdictional error, procedural irregularity or Wednesbury unreasonableness.
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7 June 2024 |
| May 2024 |
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Whether exceptional circumstances justified disapplying a 12‑year mandatory minimum for possession of two rounds of ammunition.
Firearms law – mandatory minimum sentence – disapplication where exceptional circumstances exist – guilty plea and assistance excluded as exceptional – proportionality and individualized sentencing.
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28 May 2024 |
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A wrongful caution attracts damages to restore lost sale and investment opportunity; 6% interest awarded; costs to be taxed via bill of costs.
Registered Land Ordinance s.131 – liability for lodging or maintaining a caution wrongfully and without reasonable cause – damages to restore aggrieved party to position but for caution. Measure of damages – lost opportunity to sell and invest proceeds – foreseeability and non-speculative assessment required. Interest rate for lost investment – 6% per annum found reasonable where evidence showed likely investment in higher-yield fund (Meridian). Costs of proceedings to remove caution – to be pursued and taxed via bill of costs, not quantified at damages assessment.
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24 May 2024 |
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Leave granted to challenge the Commissioner for apparent bias arising from commercial renewable‑energy interests and unclear integrity advice.
Judicial review — leave — low threshold for arguable ground; Apparent bias — Porter v Magill test applied to public officeholder with commercial interests; Conflict of interest — effect of Integrity Commission advice and cross‑jurisdictional business activities; Mandamus — duty of Deputy Governor to consider continued appointment.
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24 May 2024 |
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Court found exceptional circumstances to avoid the statutory 12-year minimum; imposed suspended 52-week term and $6,700 fine.
Firearms Ordinance (s3, s30) – mandatory minimum sentence – whether constitutionally challengeable at sentencing; jurisdiction under constitutional enforcement provisions. Sentencing – "exceptional circumstances" test (Rehman/Redfern as approved in AG’s Reference) – holistic assessment; when mandatory minimum would be arbitrary and disproportionate. Sentencing outcome – custodial sentence suspended and monetary fine where exceptional circumstances found.
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24 May 2024 |
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Counsel’s overseas travel to obtain signatures on pre-prepared witness statements was an unnecessary luxury and disallowed on taxation.
Costs — Taxation — Overseas travel of counsel to obtain signatures on pre-prepared witness statements — Recoverability — Luxury vs necessary expense — Indemnity principle — Reasonableness and proportionality — Availability of remote alternatives.
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24 May 2024 |
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Court permitted the applicant to amend to sue the Attorney General for alleged negligent delay in entering a nolle prosequi.
Administrative law; civil liability of prosecutors – nolle prosequi and requirement to announce discontinuance in open court (s.70 CPO); amendment of pleadings (Order 20 r.5(1)); strike-out jurisdiction (Order 18 r.19(1)) – frivolous, vexatious or abuse of process; negligence claim against DPP and duty of care; distinction between false imprisonment and loss of liberty remedies.
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21 May 2024 |
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Court clarifies civil appeal procedure from Magistrate and overturns rent judgment after preferring appellant’s evidence.
Civil appeals – Magistrate’s Court Ordinance s.154 – service of Notice of Appeal within five days – recognisance – originating motion under Civil Procedure Rules Order 55; Appeals — rehearing and power to receive further evidence; Evidence — onus probandi in rent claims; Hearsay — weight of receipts prepared by third parties and failure to produce bank statements.
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7 May 2024 |
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Applicant entitled to repair costs and limited loss-of-use damages; replacement cost and insurance premiums disallowed.
Contract — Breach of repair contract; measure of damages for damaged chattel — cost of repair (cost of cure) v replacement/diminution in value; loss of use and consequential damages; mitigation of loss; remoteness of insurance premium claims; irretrievable deprivation/total loss.
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3 May 2024 |
| April 2024 |
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Special measures for a vulnerable witness and the magistrate’s factual findings were lawful; convictions upheld on appeal.
Vulnerable Witnesses Ordinance – special measures for witnesses fearing harm; remote evidence by video link; fairness and safeguards for cross‑examination; appellate restraint on interfering with trial findings and inferences; sufficiency of evidence and no‑case submissions.
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30 April 2024 |
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The Labour Tribunal is functus officio after issuing an award; enforcement lies with the award beneficiary, not the Tribunal.
Labour law – Enforcement of Labour Tribunal awards – Whether the Tribunal may enforce its own awards or require payment into its office – Tribunal held functus officio once decision delivered; enforcement lies with the award beneficiary. Civil procedure – Enforcement mechanisms – Tribunal awards enforceable "as though" Supreme Court orders under s.93(5) and recoverable as civil debts under s.100(2), but require proper enforcement proceedings. Procedural lacuna – Lack of clear jurisdiction for stays pending appeal; call for legislative reform.
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10 April 2024 |
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Plaintiffs partially succeeded constitutionally; defendants ordered to pay 50% of costs; both parties granted leave to appeal.
Costs — party and party costs; partial success on constitutional claims — reduction of costs; costs follow the event unless justice requires otherwise; weight of conduct (excessive authorities, non-compliant skeletons) in assessing costs; pre-action correspondence and its limited effect; leave to appeal costs decision.
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8 April 2024 |
| March 2024 |
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Order to hear related actions together was not consolidation; severance application dismissed; directions hearing ordered.
Civil procedure – Order 4 R.9 – distinction between consolidation and directing matters to be tried at the same time; Order 15 R.5 inapplicable where no joinder; variation of interlocutory orders limited to manner not substance; inherent jurisdiction to list directions hearing.
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25 March 2024 |
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Immediate deregistration without prior hearing was procedurally unfair and disproportionate; removal directive to licensee was upheld.
Administrative law — Judicial review of regulatory enforcement — exercise of emergency cancellation power under s.167(3) POCO — natural justice and audi alteram partem — proportionality and Wednesbury unreasonableness — ex post facto justifications and cross-examination of decision-maker.
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22 March 2024 |
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12 March 2024 |
| February 2024 |
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Sentencing for revenge-motivated arson; significant custodial sentence for premeditated domestic arson with victim psychological harm.
Criminal law – Arson (setting fire to dwelling with persons therein) – sentencing: assessment of culpability and harm in domestic/revenge context; general deterrence; victim psychological harm admissible via VPS; avoidance of double counting where presence of persons is elemental; remand credit.
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27 February 2024 |
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Freezing injunction refused for inadequate disclosure, insufficient evidence of assets and no demonstrated risk of dissipation.
Freezing injunction (Mareva) — requirements: justiciable claim, good arguable case, assets in jurisdiction, real risk of dissipation; duty of full and frank disclosure; necessity to identify specific assets/accounts; particularity of fraud allegations; corporate identity issues and improper purpose (security).
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13 February 2024 |
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Court granted leave to present an early divorce petition, finding exceptional hardship though no exceptional depravity.
Family law – Divorce within specified period – Section 7(2) MCO – Exceptional hardship and exceptional depravity – provisional assessment on affidavit evidence and value judgment. Evidence – Full and detailed affidavit material (including medical/counselling reports) required to show exceptional hardship. Considerations – social stigma, mental health, absence of cohabitation, and lack of prospect of reconciliation relevant to exceptional hardship assessment.
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6 February 2024 |
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Section 108 bars compelling police to disclose the source of information for a search; the defendant's disclosure order was refused.
Criminal procedure – disclosure – whether prosecution must disclose source of information leading to search authority; interplay with statutory protection for police sources (s.108 Evidence Ordinance). Evidence – section 108 Evidence Ordinance – statutory bar on compelling police to disclose whence they obtained information about offences. Public interest immunity – R v H principles and procedures considered but not invoked where statute bars compulsion. Fair trial – missing or unavailable extraneous material does not automatically render trial unfair; central issue is possession and credibility.
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5 February 2024 |
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Court struck out homeowners’ association and landowner claims as abusive; ordered fuller particulars on rip currents, meteorology, and sandbar risks.
• Civil procedure – Order 18 r.19 – striking out pleadings for disclosing no reasonable cause of action or as abuse of process. • Fatal accidents – scope of liability of homeowners’ association and landowner for drowning adjacent to hotel property. • Particulars – need to particularise alleged meteorological conditions, rip/dangerous currents (distinct from tidal currents) and sandbar/geological risks; expert evidence must address pleaded particulars. • Exercise of discretion under Order 2 to permit late procedural application.
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2 February 2024 |
| January 2024 |
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Application to dismiss for want of prosecution refused; no contumelious default or proven prejudice, matter ordered for urgent directions.
RSC Order 25 – dismissal for want of prosecution – requirements for contumelious default or inordinate/inexcusable delay; prejudice and risk to fair trial; consent directions and shared culpability for delay; extension of time to file pleadings; discharge of interlocutory injunction not justified absent proven prejudice.
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19 January 2024 |
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Plaintiff not entitled to replacement cost; nominal damages awarded for delay and failure to mitigate.
Contract and tort — assessment of damages for defective repairs; measure of damages (replacement cost vs cost of cure/diminution in value vs nominal damages); duty to mitigate; proof of special damages; refusal of stay pending related claim.
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19 January 2024 |