The application judge ordered that the children's primary residence be with the respondent wife, with generous access awarded to the appellant husband.
The application judge ordered that the custody and access arrangements in existence at the time of trial pursuant to the earlier order of Judge MacKenzie of the Ontario Court of Justice should continue and that a review of the orders in respect of custody and child support should take place after December 31, 2012.
The application judge ordered the return of the children to Germany, but the Divisional Court reversed that decision.
The application judge ordered the fence to be removed, or at least, be modified to allow his neighbor unobstructed access to the easement.
The application judge ordered the insurer to pay interest for the reason that it would be inequitable to deny the applicant interest in the circumstances of this case.
The application judge ordered that the custody and access arrangements in existence at the time of trial pursuant to the earlier order of Judge MacKenzie of the Ontario Court of Justice should continue
Not exact matches
Western allies press Trump to maintain nuclear deal with Iran: Reuters US intelligence monitors Iranian cargo shipments into Syria: CNN A trade war is a major risk for China's debt - ridden economy: CNBC Federal
judge orders gov» t must accept new DACA immigration
applications: WaPo Unification of Koreas still unlikely as leaders prepare to meet: Reuters US Consumer Confidence Index rebounded in April after March decline: CB New home sales in US increased to 4 - month high in March: MarketWatch Richmond Fed Mfg Index turns negative for first time since 2016: Bond Buyer S&P Case - Shiller Home Price Index surged in Feb, up 6.3 % y - o - y: CNBC Federal Housing Finance Agency: US house prices continued to rise in Feb: HW Corp bonds with lowest investment - grade rating look vulnerable: Bloomberg 10 - year Treasury yield reaches 3.0 % for first time since 2014: CNN Money
A FISA warrant
application for Page would have included any and all information the FBI felt a Foreign Intelligence Surveillance Court (FISC)
judge should see in
order to grant a warrant in the first place.
Some
judge offended by the
application of the
order to LPRs may decide that LPRs are so woven into the fabric of our society they must be treated as citizens — and if that were to become settled law, it might later hurt the government in cases where there would have been investigative advantage in an LPR's not being a citizen.
Yusuf Halilu, the presiding
judge of the Abuja court, extended Ubah's detention
order following an ex-parte
application filed by the DSS.
The
judge added that the EFCC was at liberty to file an
application for the extension of the life span of the
order before the expiration of the initial 45 days.
The trial
judge also adjourned till Monday, 7th, May for continuation of hearing in a written bail
application filed by Melaye's counsel, Chief Mike Ozekhome, SAN, asking for a variation of the remand
order placed on him.
The
judge also held that the issuance of the proscription
order by him in the chambers following an ex parte
application was in accordance with the provisions of the Terrorism Prevention Act.
The
judge made the
order in favour of the Economic and Financial Crimes Commission (EFCC) which appeared before him on Friday with an ex-parte
application seeking the temporary forfeiture of the funds.
The
judge described the
application as totally strange, noting that having not appealed against the interim forfeiture
order, Ogungbeje had no right to seek a stay of proceedings in the case.
Consequently, the
judge ordered parties to file their
applications by way of writ of summons before the court.
He described the
application leading to the interim forfeiture
order as an abuse of court processes, contending that Justice Anka ought not to have made the
order because, according to him, the
judge did not have jurisdiction to entertain the case.
The Acting Chief
Judge of the Federal High Court, Justice Abdu Kafarati, had, on Wednesday, issued the proscription
order upon an ex parte
application by the Attorney - General of the Federation and Minister of Justice, Mr. Abubakar Malami.
Successful integration starts with
judging service members as individuals, using validated gender - neutral occupational and strength standards, rejecting quotas and ceilings, and the fair
application of traditional methods of maintaining
order, morale and discipline.
March 4, 2016 - Attorney General Laxalt decided to appeal
Judge Wilson's
order to stop the implementation of SB302, and appealed before the Nevada Supreme Court, asking the Court to reverse
Judge Wilson's
order to enjoin the
application of SB302 law.
Jones»
order reversed an administrative
judge's May decision to give the North Carolina Virtual Academy final approval after the State Board of Education didn't act on the school's
application.
If you satisfy the five - year waiting period then, you have the option of making an
application before a
judge in Bankruptcy Court, and the
judge has the discretion to grant a «court -
ordered discharge» under a «hardship provision».
However, in Robinson v Robinson (Disclosure)(1983) 4 FLR 102, CA Ormrod LJ said that while
applications to set aside could be made by either a new action or an appeal to a higher court, there was much convenience in an
application to the
judge who made the original
order who could determine the
application and then make a new
order if appropriate.
While
Judge Voss did not elaborate on the infringement finding and on the reasons for which his court
ordered a stay, I remember from the trial that the key prior art reference cited by Apple was a version of the UMTS specifications that predated the filing of Samsung's patent
application.
St Helens Council v M and F (Baby with Multiple Fractures: Rehearing)[2018] EWFC 1 (22 January 2018) Peter Jackson LJ, sitting as a High Court
judge — Re-hearing of care
order application after further expert evidence heard in the criminal courts.
First, the Court found that the
application judge had the requisite jurisdiction to make the
order and declaration the appellant was required to transfer full ownership to the respondent.
In a further judgment, the
judge went on to award Mr Maksimov 80 % of his costs of the contempt proceedings since January 2014 (PJSC VAB v. Maksimov [2014] EWHC 4370 (Comm)-RRB- giving important guidance to litigants as to the appropriateness of bringing contempt
applications in freezing
order cases and the costs consequences should such
applications fail or succeed merely on «technical» grounds.
Nonetheless, Master Robertson goes on to indicate that, if this matter had come before a Provincial Court
judge, the Provincial Court
judge would have authority to hear the
application to set aside the
order and schedule a re-hearing based on rule 9.15 of the Alberta Rules of Court, which allow the setting aside of an
order made without notice or following a hearing.
At the eventual hearing the
judge held that the
application was unjustified and then made a costs
order in BDO's favour but against DLA, not its client.
the
application judge erred by exceeding his jurisdiction by
ordering and making a declaration that the appellant must transfer ownership to the respondent; and
the
application judge erred in
ordering that other proceedings are required to determine the parties» financial issues rather than making a determination within the
application.
The
judge made the recovery
order and, at a later hearing, refused FW's
application to discharge the care
order.
However, the
application judge also made some of the unredacted information subject to a temporary non-publication
order, thereby preventing the press from disseminating that information to the public.
The only reason advanced by the
judge is that disclosure is such a fundamental part of first instance
applications for financial
orders that it would be astonishing if the duty was any different on appeal.
[4] The
application judge rejected the appellants»
application to quash the production
order.
He held that the
application judge erred by making the intrusive
order when there was no basis in the pleadings to be able to
judge whether the
order was necessary to enable the case to be disposed of in accordance with the principle of proportionality — i.e. in a manner that is fair, efficient and cost effective as
judged in relation to the nature and circumstances of the particular case.
In fact, if the Court is not satisfied that there is sufficient evidence that an individual is dead, the
judge hearing the
application may instead make an
order under the Absentees Act, if that is requested.
In allowing the appeal and setting aside the
order of the motions
judge, a unanimous Court of Appeal panel accepted the appellant's argument that Rule 15.02 (4), a rule designed to terminate proceedings where a named plaintiff has not authorized commencement, had no
application.
In a relatively rare consideration of the impact of Art 8 upon financial provision, Peter Hughes QC sitting as a deputy High Court
judge in M v M [2006] All ER (D) 58 (Jun) considered the impact of an
application for disclosure from a third party and set out some useful guidance on the basis that Art 8 reinforced the principle that an
order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the case.
If the magistrate (or
judge in the case of an
application under s 9), requires any further information in
order to satisfy himself that the warrant is justified, a note should be made of the additional information so that there is a proper record of the full basis upon which the warrant was granted.
In short,
judges had a mindset that promoted the idea that the surest path to a civil, peaceful, and harmonious community was the strict
application of law, the due promotion of social
order, and the consequent preservation of the status quo.
Overall, the decision sends home the message that
application judges have significant discretion when it comes to production
orders and that such
orders attract significant deference.
On the sealing
order issue, the Court found that the
application judge erred in allowing the Crown to redact paragraphs that disclose future investigative steps.
The most common criminal law
application for an Extraordinary Remedy is to quash a Preliminary Inquiry
judge's
order to commit an accused to stand trial.
Motion: An oral or written
application to a court or a
judge for a ruling or
order.
The Court of Appeal for British Columbia has dismissed an
application asking for a rare
order that a trial
judge provide a report on his reasons for conviction of a man for dangerous driving causing death, just because he erred in saying «right» when it should have been «left» in his review of the evidence.
New Brunswick (Minister of Social Development) v. N.S. et al. 2013 NBCA 8 Evidence — Opinion evidence — Expert evidence — General — Qualifications and declaration that a witness is an expert An
application judge dismissed the
application by the Minister of Social Development for an
order of guardianship of N.S.'s children.
At the conclusion of trial (or a motion or
application) the successful party can expect the presiding
judge to
order the unsuccessful party to pay a portion of the successful party's legal costs.
At the case management conference in June, which also doubled up as a preliminary injunction
application, we were able to convince the
judge to
order a speedy trial to be heard in September.
An
application, whether formally or informally made (for instance by communicating a request to the
judge through court staff) can be made by an individual in court to activate and use a mobile phone, small laptop or similar piece of equipment, solely in
order to make live text - based communications of the proceedings.