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- Is commenced by National Road Traffic Amendment Act, 2008: Commencement
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History of this document
20 November 2010
17 February 2009 this version
Published in Government Gazette 31907
15 February 2009
Assented to
Cited documents 0
Documents citing this one 12
Gazette
10Judgment
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Registration alone did not confer ownership; absent constructive delivery the instalment-sale and finance were invalid.
Property law – movable property – transfer of ownership requires delivery plus intention – registration not determinative of common-law ownership; simulated transactions – test and commercial sense; instalment sale finance – invalid where no valid transfer/constructive delivery; consumer credit – credit agreement invalid where underlying transfer defective.
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Reported
Amended s 35(3) requires sworn evidence and limits non‑suspension to circumstances relating to the offence.
National Road Traffic Act s 35(3) — amended requirement of sworn evidence before non‑suspension order; 'circumstances relating to the offence' restricts matters courts may consider — excludes unrelated personal circumstances; appellate review of trial court’s exercise of s 35(3); prosecutions’ duty to test s 35(3) evidence.
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