October 18, 2022
While the threshold for apprehended bias in a Tribunal hearing is necessarily higher than a curial proceeding, and accordingly, demanded that Adama ‘be plainly confronted […]
October 18, 2022
Where ‘the words or actions’ of a decision-maker appear to give the ‘impression’ that they have ‘enter[ed] the area’ to ‘denigrate’ a witness or ‘oppose’ […]
October 18, 2022
The dominance exerted by Balthar, and abbreviated time dedicated to exploring mitigating factors further suggests an imbalance in the hearing, which is likely to be […]
October 18, 2022
While Balthar was nominated to the Tribunal by private entities, which, if the principle in Jia Legeng is extended, may not necessitate judicial-like neutrality, he […]
October 18, 2022
The seizure of the property by the authorised officer involved a breach of the protesters’ fundamental common law rights which, ‘in the absence of express provision […]
October 18, 2022
Under the Act, an authorised officer may seize property if they believe it is ‘reasonably likely to, or intended to, impede essential commercial interests’. Given […]
October 18, 2022
The Act has confined the scope of ‘essential commercial interests’ to preserving ‘[t]he effective operation of the buildings’, which, inter alia, includes ‘the right of […]
October 18, 2022
The generality of meaning and sheer range of conduct captured by the word ‘impede’, and the phrase ‘overtly aggressive or demeaning conduct’, necessitates a construction […]
October 18, 2022
When interpreting an ambiguous provision, it is presumed that the court will generally prefer, where available, a construction of the relevant statute which ‘minimises [its] […]