Results.
7 judgments found.
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| December 1992 |
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Claim for unpaid goods dismissed where plaintiff failed to prove delivery due to missing delivery notes and unreliable secondary evidence.
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Sale of goods — goods sold and delivered — burden of proof of delivery — missing delivery notes and secondary evidence — credibility of witness with history of irregularities — passing of property and risk — estoppel from denying debt.
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30 December 1992 |
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Informing police of suspected counterfeit currency and asking for investigation does not by itself constitute false imprisonment by the informant.
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Police/informant — communication of suspicion to police — distinction between making a charge or ordering arrest and merely inviting investigation — false imprisonment — requirement that informant procures or commands arrest to be liable.
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24 December 1992 |
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Summary judgment under Order 14 requires prior service of a statement of claim; absence of service warrants dismissal of the application.
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Procedural law — summary judgment — Order 14 rule 1 — requirement of service of statement of claim before application; service of defence does not cure omission; summary judgment as departure from trial procedure; affidavit verification under Order 14 rule 2.
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16 December 1992 |
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Court refused default judgment for late-filed defence and ordered defendant to pay costs for the delay.
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Civil procedure — summons for judgment — late service of defence — discretion to consider late pleadings — refusal to enter default judgment — costs awarded for delay
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15 December 1992 |
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A court may consider a defence served late without leave rather than enter default judgment, but may award costs for the delay.
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Civil procedure — Default/judgment in default — Late service of defence — Court’s discretion to consider defence served out of time — Award of costs for delay; authorities: Gill v Woodfin; Gibbings v Strong.
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15 December 1992 |
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8 December 1992 |
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8 December 1992 |