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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,645 of 10,932    |
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|    Should/do judiciary hide their mistakes?    |
|    22 Jul 11 17:59:45    |
      From: UsePlainText@dog.edu              This is about anglo-society/common law; so don't tell me that       "your particular statutes don't apply".              I read that:              >In the case of Smith v Brummer 1954 (3) SA 352 (O), default       >judgment was refused on a counterclaim because it was held that       >the claim in convention and the claim in reconvention were too       >closely interconnected and there was a danger that a subsequent       >investigation of the claim in convention could disclose that       >the default judgment had been wrongly granted.       ------------       I'm well convinced by observation that law-people attempt to       mutually hide their mistakes, as a profession, except when they       are in opposition; but is it normal to *publicly hold* that       justice is to be denied if it "could disclose that the default       judgment had been wrongly granted"? Usually they just make up       some more peecee/sanatised explanation.       ------       And related to 'Courts not wanting to expose a previous wrong       decision', here's my complex matter:-       My pro-se/ed default judgment set-aside application was refused        on the basis of events that happened AFTER the dj.       The appeal judges acknowledged that events AFTER a judgment       cannot justify such judgment, by substituting their own new,        different grounds.       These new grounds were NOT in the record, and I was consequently       denied due process opportunity to also rebut them/it.       An attorney [who knows municipal law well] brought a second       set-aside application, on grounds that 'the charge was void       ab origine'.       That magistrate did not deny the 'voidness', but as grounds for       refusal, wrote that |
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