Results.
4 judgments found.
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| October 1993 |
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Whether an applicant's affidavit discloses factual grounds for a defence on the merits is decisive in setting aside a default judgment.
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Civil procedure — Setting aside default judgment — Primary consideration is whether affidavit discloses a defence on the merits by raising facts from which a triable issue can be inferred; mere allegations (fraud, denial, payment, illegality) without factual particularity are insufficient; instalment orders do not necessarily amount to approbation; court may permit supplementary affidavit.
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25 October 1993 |
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Assessment and award of general damages for severe, permanently disabling injuries to a young student, including disfigurement and loss of earning capacity.
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Damages — personal injury — assessment of general damages (pain and suffering, loss of amenities) — disfigurement — loss of earning capacity — medical evidence of permanent incapacity — young student; multiplier/multiplicand approach inappropriate.
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19 October 1993 |
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Whether the applicant-insurer can be sued directly by the plaintiff passenger under section 65(A) when policy excludes passengers.
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Road Traffic Act s65(A) — direct action by third-party against insurer; sections 61 and 62 — policy requirements and passenger exclusion; privity of contract; insurer removed as party under Order 6 r.2.
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19 October 1993 |
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Insurer struck out where plaintiff failed to plead a Part 5 policy or statutory right of direct action under Section 65(A).
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Road Traffic Act — definition of "road" includes railway line for Act purposes; "vehicle" vs "motor vehicle" distinction — pushing trolley may not be a "motor vehicle"; insurer liability — direct action against insurer requires a Part 5 policy or a statutory right under Section 65(A); procedural — striking out an erroneously joined defendant under Order 15 r.6(2).
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14 October 1993 |