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Citation
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Judgment date
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| January 2023 |
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Criminal law
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31 January 2023 |
| November 2020 |
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Emergency Regulations permitting a judge to sit remotely are valid; remote judging not inherently unfair, trial judge to assess fairness.
Constitutional law – judicial sittings – interpretation of emergency regulations permitting remote hearings; statutory construction and purposive approach; limits on subsidiary legislation where Constitution implies forum is territorial; criminal procedure – fair trial and inequality of arms – remote judging not per se unfair; case‑management discretion of trial judge; inherent jurisdiction – remote participation permissible where hearing takes place in territorial courtroom.
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13 November 2020 |
| December 2017 |
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A one‑month minimum rental by‑law validly regulates residential use, not unlawfully restricting alienation.
Strata title – by‑law construction – restriction on use v. restriction on alienation – s.20(4) validity – one‑month minimum rental to preserve residential character – short‑term holiday letting.
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21 December 2017 |
| March 2017 |
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A knowing recipient of undervalued property may be treated as constructive trustee and must account for profits, not just the undervalue.
Equity – Knowing receipt – Requirements: disposal in breach of fiduciary duty; recipient’s beneficial receipt of assets traceable to that disposal; recipient’s knowledge – El Ajou/Arthur applied. Constructive trust – Land acquired at undervalue may be treated as trust asset; recipient liable to account. Account of profits – Liability arises from making a profit in breach of fiduciary duty, not from proof of loss or causal link to specific profits. Proprietary v personal remedies – Both available; claimant not confined to monetary undervalue.
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27 March 2017 |
| June 2015 |
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Ad hoc appointment did not undermine judicial independence; judge-alone trial decision is an evaluative balancing, not a criminal-standard proof matter.
Constitutional law — right to a fair hearing by an independent and impartial court — security of tenure and ad hoc judicial appointments. Judicial independence — individual and institutional independence; role of an independent Judicial Service Commission. Criminal procedure — trial without jury under statutory "interests of justice" test is an evaluative balancing exercise, not governed by the criminal standard of proof. Evidence/admissibility distinction — factual preconditions requiring proof vs evaluative judicial judgments in the interests of justice.
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25 June 2015 |
| October 2014 |
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Regulatory powers and licensing procedures govern spectrum rights; ISM AMR meters did not require spectrum or carrier licences.
Telecommunications law – spectrum allocation – validity of licence amendments – necessity of statutory procedures for allocation; Spectrum management – ISM bands – exemption from spectrum-licence requirement; Carrier licences – definition of "telecommunications network" – standalone AMR meters not a network; Statutory interpretation – reading licensing provisions in context to avoid irrational results.
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16 October 2014 |
| March 2013 |
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Underpayment of stamp duty does not create a registrable charge and a s132 restriction entered without independent inquiry is unlawful.
Registered land – Restriction (s132) – Registrar’s discretion and duties to make inquiries – Stamp duty underpayment does not create proprietary charge absent express statutory declaration (s28(e)) – Proper remedies: in personam judgment, charging order, or rectification for fraud/mistake – Invalidity of restriction entered solely on applicant’s erroneous claim.
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14 March 2013 |
| August 2012 |
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The RLO does not bar constructive-trust claims for knowing receipt where a registered transferee acted in bad faith.
Land registration (Torrens) – Registered Land Ordinance – proviso (i) s23 – sections 38(2) & 122(3) – knowing receipt/constructive trust – equitable fraud/bad faith – rectification (s140) – indefeasibility exception.
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16 August 2012 |
| May 2012 |
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Commissioner could make provisional findings about implicated third parties; overall procedure was not unfair.
Commissions of Inquiry – terms of reference – scope to investigate persons "in relation to" elected officials; provisional fact‑finding and recommendations for criminal investigation permitted; procedural fairness – Salmon principles apply flexibly; s7 Ordinance entitlement to representation and to be treated as a person whose conduct is subject of or implicated in inquiry; where a reasonable opportunity to give oral evidence is offered and substantial written submissions are considered, there is not necessarily unfairness requiring removal of findings.
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23 May 2012 |
| January 2010 |
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Letters and negotiations did not create a binding land development contract or proprietary estoppel; appeal dismissed.
Contract law – formation – governmental letter of comfort and subsequent conduct – requirement of intention and certainty of essential terms before a binding development agreement; approvals by Executive Council and Governor. Proprietary estoppel – need for representation giving rise to a reasonable expectation of a certain proprietary interest, detrimental reliance and unconscionability; Yeoman’s Row applied. Civil procedure – discovery – additional documents/affidavits cannot cure fundamental absence of estoppel elements. Costs – trial judge’s discretion; limits on awarding costs against successful defendant (Ritter v Godfrey).
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21 January 2010 |
| December 2009 |
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Tariff category during a hotel's first year must be provisional and adjusted once its first 12‑month consumption is established.
Electricity regulation — tariff categories defined by annual consumption — validity of retrospective rolling 12‑month assessment; provisional billing and retrospective adjustment required for a customer's first 12 months.
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13 December 2009 |
| July 2009 |
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Beneficiary's contractual trust rights did not make it a creditor entitled to present a winding-up petition.
Companies law – winding up petition – locus standi – creditor requirement; Reinsurance and trust arrangements – distinction between present debt and security for contingent/unearned reserves; Trust law – beneficiary withdrawal rights, equitable interest and bare trust; Petitionable debt – need for liquidated claim or entitlement to payment directly from alleged debtor.
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15 July 2009 |
| May 2009 |
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A remuneration dispute based on alleged promises to a public officeholder is a private law claim, not a judicial review matter.
Judicial review – Appropriate procedure for remuneration disputes – Private law (contract/estoppel) claim versus public law remedies (legitimate expectation) – Case management discretion whether to grant leave or convert to an action – Need for pleading, discovery and oral evidence.
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21 May 2009 |
| June 2004 |
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Taxation of solicitor’s bills allowed on quantum meruit; conditional fee agreement not proved and variation permissible but elective to paying party.
Costs — taxation between party and party — implied retainer and quantum meruit — validity and effect of post‑order variation to fee arrangement — conditional fee agreements (whether proven and public policy) — taxing officer to assess hours and reasonable rates.
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24 June 2004 |
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Taxation of litigation costs may proceed on quantum meruit; alleged conditional fee agreement not proved.
Civil procedure – Costs – Taxation of solicitor's bills – quantum meruit where charging terms uncertain Contract – Implied contract for remuneration – Way v Latilla principle applied Conditional fee agreements – allegation must be proved; not established on these facts Variation of fee arrangement – substitution of calculation method and consideration Indemnity principle – recoverable costs limited to what receiving party is liable to pay, assessed reasonably
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24 June 2004 |
| July 2001 |
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AAA institutional rules permitted the award as a "reasoned award," but arbitrators lacked jurisdiction to join and award a non‑consenting affiliate.
Arbitration – institutional rules (AAA) govern form and procedure where incorporated – meaning of "reasoned award" under AAA; Joinder – institutional/contractual clauses limiting consolidation/joinder do not confer power to add non‑consenting non‑parties; Party autonomy and consent remain fundamental; Award enforcement – award to contracting party upheld despite affiliated performance.
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16 July 2001 |
| March 1906 |
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Parol evidence can prove additional consideration, but an ordinary agency is revocable and equity will not enforce personal service.
Parol evidence – admissible to prove additional consideration not contradicting a written instrument; Agency – authority coupled with an interest; revocability of agency; Equity – injunction/specific performance not available to enforce personal service in ejectment.
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21 March 1906 |