5 Aug 2021
The caveat was dismissed because the applicant's only claimed interest was its contractual right to register a mortgage, and once that mortgage was registered there was no separate arguable proprietary interest in the land distinct from the mortgage to sustain the caveat.
19 Feb 2014
Leave to appeal was refused because the Court of Appeal correctly held the Chair's general direction for panel composition was valid in light of the Immigration Act transitional provisions, Article 10(3) ICCPR was not material to the immigration/deportation decision, and the case did not raise public or general importance nor an apparent miscarriage of justice.
19 Dec 2012
Court held the LCRO had statutory power to vacate and refer the Standards Committee's determination back under ss 209 and 211 read with s 202, and the LCRO conducted an independent review; however, the LCRO breached natural justice and the practitioner's legitimate expectation by failing to give advance warning of the atypical adverse outcome (vacatur and referral) and an opportunity to respond, so relief was granted requiring reconsideration consistent with lawful procedure.
21 Sept 2012
The Court held the registered Polish FRO remained in force despite repeal of POCA and amendment of MACMA because transitional provisions preserve the effect of registered orders, and s66B(1) of POCA imports s42(2)(c) so that the High Court has jurisdiction to qualify a registered foreign restraining order to permit payment of reasonable legal costs; accordingly Dr Deliu may apply to the Court (and the Official Assignee) for release of funds to meet his fees.
27 Jul 2010
The Court dismissed the appellant's appeal and held that interest on late weekly compensation is governed by s72 of the 1992 Act for 1 July 1992–1 July 1999, by s101 of the 1998 Act for 1 July 1999–1 April 2002, and by s114 of the 2001 Act thereafter; the provisions are materially identical; in this case the Corporation had all information necessary in 1991 and cannot rely on its own wrongful cessation of payments or subsequent failure to collect financial details to avoid interest, so interest runs from 1 July 1992.
29 Jan 2010
The Corporation was required to apply the law in force when it determined the appellant's entitlement to interest (the 2001 Act); section 371 of the 2001 Act preserves but modifies section 72 of the 1992 Act such that interest is not payable for periods before 1 July 1992, and therefore the appellant's challenge based on earlier application of s72 fails; appeal dismissed.
10 Jul 2007
The Court held that the interest provisions in s114 of the 2001 Act and the predecessor provisions (s72 of the 1992 Act and s101 of the 1998 Act) permit only simple interest; the Reviewer's substitution awarding compound interest was contrary to the Court of Appeal's authoritative interpretation in Robinson and must be quashed, restoring the appellant's original calculation.
1 Dec 2006
Interest accrues one month after ACC has received all information necessary to calculate and make the arrears payment; on the facts the reviewer correctly found ACC had the necessary medical and financial information by 18 July 2003, so interest ran from and including 19 August 2003, and the applicable statutory regime is fixed by the date the interest entitlement crystallised under the transition provisions.
19 Dec 2000
Two independent WPI assessments (10%) were reliable and unchallenged by expert evidence; statutory transitional and reassessment provisions do not permit back‑dating of Independence Allowance to date of injury; appellant failed to lodge required claim/election within statutory cut‑off periods and thus is not entitled to lump sum compensation.