Background: Savyonei Yavne Ltd. obtained development rights from the Israel Land Authority and, in 2004, entered into a tripartite agreement with the Authority and the Yavne Municipality. In exchange for surrendering certain rights and constructing and financing public infrastructure, the company received rights elsewhere and exemptions or reductions from specified municipal development charges. The agreement was…
Held: The Supreme Court unanimously dismissed the appeal without requiring a response. Deputy President Noam Solberg, joined by Justices Alex Stein and Ruth Ronnen, held that both the relief requested and the dispute’s dominant element placed the case within the civil courts’ jurisdiction. Although the requested order was framed as requiring the Municipality to apply the tripartite agreement to levy demands,…
Background: Bermuda sought the extradition of Arvie Oporto, a Filipino cabin steward aboard the Bermuda-flagged cruise ship Queen Anne, to face a charge of sexual assault. A passenger alleged that Oporto raped her in her cabin on 13 August 2025, while the vessel was in international waters between Scotland and Iceland. Bermudian law classifies rape as…
Held: The Divisional Court allowed Bermuda’s appeal. Because a ship is not part of its flag state’s sovereign territory, and the 2003 Act contains no provision deeming conduct aboard a vessel to have occurred within the flag state, the alleged conduct occurred outside Bermuda. Section 137(4), rather than section 137(3), therefore supplied the applicable test.
Background: Tok Yong Fa and Loy Lim Ebenezer agreed to establish an ambulance and medical-training venture through 1 A1A Medical Group Pte Ltd. Under agreements executed in December 2021, Tok lent Loy S$1.17 million, principally to purchase two ambulances and medical equipment, while the parties agreed to share profits 65:35 in Tok’s favour. Loy assumed substantial…
Held: The High Court substantially upheld Tok’s case and dismissed Loy’s counterclaims in their entirety. It found that the parties had entered the commercial arrangement at arm’s length and rejected Loy’s effort to avoid his obligations through allegations of exploitation, misrepresentation and undue influence. Loy’s youth—he was 23 when the agreements were signed—did not relieve him of obligations he had freely…
Background: Valor and Pride Hospitality Group Pty Ltd, the tenant of a pub in Singleton, had previously obtained relief against forfeiture arising from its breaches of the lease. Orders made on 11 September 2026 allowed the landlord, Ord Developments Pty Ltd, to apply the tenant’s $39,360.42 security deposit partly toward rent arrears. The remaining judgment debt…
Held: Hammerschlag CJ in Eq refused the requested further relief. The landlord was contractually entitled to the security required by the lease, and the tenant’s ability but preference not to pay supplied no basis for judicial intervention. The proposed orders would effectively have varied the lease in advance of any future breach.
Background: Sinmier loaned Vintro Hotels and Resorts $7 million to buy the Maui Sands Resort and Waterpark in Sandusky, Ohio, and recorded a mortgage securing the loan. Vintro was required to insure the property, but an Everest policy obtained through insurance intermediaries listed Sinmier only as an additional insured under its commercial general liability coverage, not…
Held: The Sixth Circuit affirmed. Applying Ohio law, it held that a mortgagee’s insurable interest extends only to the amount of the secured debt and ends when that debt is paid or released. Because Sinmier voluntarily agreed that the deed constituted payment in full under the note or mortgage and released Vintro from deficiency liability, Sinmier extinguished both the mortgage debt…
Background: Donyae Brown was serving probation under consecutive suspended sentences arising from two prior criminal cases. His probation conditions required him, among other things, to obey the law, submit to drug testing, and participate in substance-abuse evaluation and treatment. After Brown was arrested on new charges in November 2023, the state initiated a probation-violation proceeding based…
Held: The Connecticut Appellate Court affirmed, holding that Brown was not denied his due process right to fair notice. Although the substitute information was formally filed on the morning of the hearing, defense counsel’s statements established that Brown had actual notice six days earlier that the state would proceed on the technical violations. He also had an opportunity before the hearing…
Background: AA asked for special supervision of the Gothenburg Archipelago Firing Range under Chapter 26 of the Swedish Environmental Code. He alleged that the Swedish Armed Forces had supplied inaccurate or misleading information, or omitted information material to the activities authorized by the applicable environmental permit. He also asserted that the military operations affected real property…
Held: The Supreme Administrative Court declined to set aside the government’s decision. It explained that the applicable provisions governing environmental supervision are framed in general terms and confer relatively broad discretion on the responsible authorities. The record did not show that the government had misjudged the facts, exceeded that discretion, or committed a procedural error capable of affecting the outcome.
Background: 2028604 Ontario Ltd. appealed a GST assessment under the Excise Tax Act in 2016. After years of delay, adjournments, missed appearances, address-for-service problems, and costs orders, the appeal was scheduled for trial in March 2027. The corporation’s shareholder and principal officer, Nicholas Cutaia, is also an Ontario lawyer and had acted as its counsel.
Held: Justice Derksen dismissed the corporation’s motion, with costs in the cause. The corporation had not established special circumstances because Cutaia’s affidavit provided no evidence of its financial capacity or inability to retain separate counsel. Its unsupported assertion that counsel’s fees would be disproportionate to the amount at issue was insufficient. That failure alone justified dismissal.
Background: This was the fourth appeal arising from the division of assets and debts following Craig and Holly Ballegeer’s divorce after a thirty-four-year marriage. Their principal disputed asset was Groundskeeper, a marital business. In an earlier appeal, the Arkansas Court of Appeals reversed an order requiring Craig to buy Holly’s one-half interest for $183,000 because the…
Held: The Court of Appeals affirmed. It held that the circuit court followed the mandate from the prior appeal by holding an evidentiary hearing, considering the tax payments and other updated evidence, and exercising its discretion among the distribution methods the appellate court had expressly left available. The prior mandate required consideration of the evidence; it did not require an equal…
Background: Alexander George Deloach appealed from a decision of the Circuit Court for Escambia County, where Judge John F. Simon, Jr. presided. The opinion does not identify the underlying charges, the ruling challenged, or the arguments raised on appeal.
Held: The Florida First District Court of Appeal affirmed the circuit court’s decision in a per curiam opinion. Judges Roberts, Bilbrey, and Nordby concurred.
Background: Khaled Hussein Jabr Amour built a two-story stone-and-concrete structure of approximately 250 square meters in Yatta, in the Hebron district, without a permit. After receiving a stop-work order in February 2018, he applied for a retroactive building permit. The Civil Administration’s Subcommittee for Supervision denied the application in January 2023 on planning grounds, including Amour’s…
Held: The Supreme Court dismissed the appeal under Regulation 138(a)(5) of the Civil Procedure Regulations, as applied to the proceeding by Regulation 34(a) of the Administrative Affairs Courts Regulations. The Court reiterated that it does not substitute its judgment for the professional judgment of planning authorities and intervenes only sparingly, such as when a decision contains a fundamental defect.
Background: Transworld Payment Solutions U.K. Limited, in liquidation, and its liquidator sought permission to appeal from Leech J’s dismissal of claims against First Curaçao International Bank N.V. and its former chief executive and sole shareholder, Johannes Deuss. FCIB had provided electronic banking facilities to companies in the telecommunications and computers sector, some of which participated in…
Held: The Court of Appeal refused permission to appeal because the first ground had no real prospect of success. The trial judge had correctly stated the two-stage test for dishonesty from Ivey v Genting Casinos: first determining the defendant’s actual knowledge or belief as to the facts, and then assessing the conduct against the objective standards of ordinary decent people. Although…