28 Jan 2021
The evidence did not permit the court to infer, as the only reasonable conclusion, that the appellant knew of and had consented to the worker's employment; the trial judge made unsafe factual findings about visibility and witness certainty and failed to exclude reasonable alternative inferences, so the conviction was unsafe and must be quashed.
1 Dec 2000
Summary judgment refused because the 1st defendant's knowledge of the dangerous state of the unauthorized canopy was in dispute and knowledge is a fact-intensive issue inappropriate for interlocutory inference; unconditional leave to defend granted. Interim payment application dismissed because the court was not satisfied the plaintiffs would obtain judgment against the 1st defendant and there are conflicting authorities on making interim payments where leave to defend is granted.
6 Jun 1997
Wide discovery was refused because plaintiff's principal premise (seeking negative inference of defendants' lack of knowledge) was unsupported by the pleadings and had little probative relevance to the primary issue of the plaintiff's own knowledge; limited discovery was granted confined to four defined categories concerning only the six letters of credit in issue, with verification by affidavit, and costs were apportioned.
17 Dec 1968
Given the magistrate's finding that the appellant knew of the large quantity of opium in her baggage and the need for deterrence in drug cases, the concurrent two-year sentences were appropriate and are to be affirmed.