Background: Sanaa Hassoun petitioned against a confiscation and demolition order issued under Regulation 119 of the Defence (Emergency) Regulations, 1945. The order covered two floors of a three-story building in Beit Imrin: the apartment where she lived with her husband and two adult children, and a floor used for storage and as a sheep pen. Her…
Held: The Court unanimously dismissed the petition. Justice Yael Wilner, joined by President Yitzhak Amit and Justice David Mintz, held that the military commander’s order was reasonable and proportionate. The Court declined to revisit general challenges to the legality of Regulation 119, explaining that its precedents had repeatedly rejected those arguments and that they need not be reconsidered in every individual…
Background: The dispute arose from an April 2020 agreement under which Viva Enterprises Limited agreed to supply 1,000 ventilators to the claimant’s predecessor, INSABI, during the COVID-19 pandemic. In an earlier judgment, the High Court rejected the claimant’s pleaded claims in misrepresentation, repudiatory breach for non-delivery, and unjust enrichment. It nevertheless found that Viva had breached…
Held: The court entered judgment for the claimant for US$38.48 million, representing the purchase price of the remaining 650 ventilators. Although the claimant had not pleaded the refund claim as a liquidated contractual claim under the June agreement, that agreement’s meaning, terms, and performance had been squarely placed in issue by the pleadings and agreed trial issues. The defendants had a…
Background: Jordan Cronin was charged with violent disorder and appeared without legal representation before the District Court on 26 August 2026. Although the judge assigned legal aid and acknowledged that Cronin needed legal advice and representation, the judge proceeded immediately with the bail hearing. The prosecuting garda opposed bail on the ground that Cronin’s history of…
Held: Ms. Justice Cathleen Noctor held that the District Court proceedings did not constitute a bail hearing cognisable in law. Cronin was not expressly informed that he could cross-examine the prosecuting garda, give evidence himself, or, in that context, rely on the privilege against self-incrimination. Each omission was a distinct fundamental flaw because it denied him a meaningful opportunity to understand,…
Background: The appellant and her husband lost their home in Kesennuma, Miyagi Prefecture, in the Great East Japan Earthquake. Beginning in 2011, they lived without charge in housing provided by the appellee local authority under temporary-use permits. The arrangement was later treated as the provision of emergency temporary housing under the Disaster Relief Act. In October…
Held: The Supreme Court dismissed the appeal and upheld the award of occupation damages. The appellant argued that demanding her departure was unlawful as an abuse of rights or a violation of the principle of good faith and that, as a consequence, she retained authority to occupy the apartment and owed no damages equivalent to its use.
Background: A grandson challenged the fifth and final will of his grandfather, executed on 26 November 2020 when the testator was 92, less than three months before his death. The testator had Parkinson’s disease with cognitive decline and had experienced memory loss, hallucinations and delusions. The grandson alleged that the testator lacked testamentary capacity, did not…
Held: The court held on the balance of probabilities that the testator possessed testamentary capacity when he executed the fifth will. The relevant question was his functional ability on the execution date, not whether he could retrospectively be assigned a particular medical diagnosis. Considering the medical, factual and drafting evidence as a whole, the court found that he understood the testamentary…
Background: RD Beechworth Pty Limited was a special-purpose company formed to acquire two Pymble properties, subdivide them into four lots, build four homes and sell them. Long Spring Pty Limited and Forevet Florish Pty Limited held 40% of the shares and advanced $5 million to fund the project. The company’s two directors controlled the remaining 60%…
Held: Nixon J ordered that RD Beechworth be wound up on the just and equitable ground and appointed Jialan Xu and Michael Gerard McCann as joint and several liquidators. The Court accepted the plaintiffs’ expert evidence that the development would make a substantial loss and that there was no commercially realistic prospect of securing the construction finance needed to complete it.
Background: A notarial partnership entered into two 60-month agreements with Easydentic, later Safetic, in September 2009 for the installation, lease, and maintenance of video-surveillance equipment. The provider transferred the equipment and its rights under the lease contracts to Parfip France.
Held: The Court of Cassation held that, when liquidation is ordered without continuation of the debtor’s business, an insolvency judge’s termination of a continuing-performance contract under Article L. 641-11-1, IV ordinarily takes effect on the date business activity ceased and performance became impossible, unless the insolvency judge decides otherwise. The Court derived that rule from former Article 1134 of the Civil…
Background: Cedar Park Assembly of God is a Washington church that religiously opposes abortion and some forms of contraception. The church provides group health insurance covering comprehensive maternity care to approximately 140 people. It challenged Washington’s Reproductive Parity Act, which generally requires health plans covering maternity care to provide substantially equivalent abortion coverage and requires coverage…
Held: The panel held that Cedar Park had Article III standing. Applying the commonsense economic-inference approach recognized in Diamond, the court concluded that Cedar Park’s allegation that the Parity Act made abortion services more affordable and thereby caused the church indirectly to facilitate access to abortion was sufficient for standing.
Background: Harold Fernando Munoz Perdomo, Martha Isabel Arteaga Vergara, and her minor daughter are Colombian citizens who sought refugee protection in Canada. Munoz Perdomo and Arteaga Vergara had worked for a Colombian telecommunications company. In 2018, members of the criminal organization Tren de Aragua demanded that Munoz Perdomo provide personal telephone numbers for influential people in…
Held: The Federal Court granted judicial review and held that the Refugee Appeal Division’s decision was unreasonable. The central question in assessing the proposed internal flight alternatives was whether Tren de Aragua would be motivated to locate the applicants within Colombia—not whether the group had pursued or threatened them while they lived in Chile.
Background: Police found Sean Tyrell Robotham asleep or lethargic in a running Infiniti stopped in a turn lane near an Interstate 91 entrance. An officer saw suspected cocaine in the driver-side door and, after detaining Robotham, found a pistol, a stun gun disguised as a cellphone, cash, a scale, packaging materials, and other suspected drug-related items…
Held: The Appellate Court affirmed. It held that the officer's testimony did not violate Doyle v. Ohio because the challenged statements did not refer to Robotham's post-Miranda silence. The officer's answers that Robotham had not provided certain information could reasonably reflect that he had not been asked or was unable to answer, while the references to no one coming forward to…
Background: Enor Boneh HaGalil Ltd., a construction contractor, applied through Israel’s “Israel Invoices” system for allocation numbers for tax invoices issued in March and April 2026. Such numbers permit recipients of qualifying invoices to deduct input VAT. The system initially issued the numbers, but the Israel Tax Authority later said that a system-wide technical malfunction had…
Held: The Supreme Court dismissed the petition at the threshold because the company had an adequate alternative remedy in the District Court. Section 47 establishes a staged procedure comprising a preliminary decision, a hearing, a post-hearing decision, an objection, and an appeal from the objection decision to the District Court. When legislation provides a specific review route, a litigant ordinarily may…
Background: Degroma Trading Inc and Neriman Associates S.A. originally owned the vessels Diamond-T and Ruby-T. Under financing arrangements, they sold the vessels to Dreter 2 Ltd and Dreter 1 Ltd and leased them back under bareboat charters, with title intended to return after the financing was repaid. After the charters were terminated amid allegations of sanctions…
Held: Bright J set aside the order insofar as it permitted IMC to be joined and served outside the jurisdiction. Although the underlying deceit allegations against the Dreter companies raised serious issues to be tried, the claimants had not shown a serious issue concerning their allegation that IMC controlled Ocean Chem or the Dreter companies or was their ultimate beneficial owner.…