Results.
5 judgments found.
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| March 1993 |
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Registrar lacks jurisdiction to transfer proceedings under statute; such applications must be decided by a judge.
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Civil procedure — Jurisdiction of Registrar — Transfer of proceedings to subordinate court — Interpretation of "the Court" in statute — Order 107 (UK practice) not a source of Registrar powers — Sections 11 and 29 Courts Act — Remittal to Judge under Order 32 Rule 12.
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24 March 1993 |
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Defendant negligent for turning into plaintiffs' path; contributory negligence inadmissible without pleading; damages awarded to plaintiffs.
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Road traffic negligence — duty of care when turning into side road — right of way of main-road users — credibility and speed assessment — contributory negligence must be pleaded — recoverability of employer-paid non-contributory medical expenses — assessment of special and general damages.
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19 March 1993 |
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Suspension without pay requires express contractual authority; employer cannot recover lost stock where its own failings contributed to the loss.
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Employment law — suspension without pay — requires express contractual or disciplinary provision; wrongful dismissal claim — wages during unlawful suspension; employee negligence — employer’s contributory fault and absence of implied indemnity bar recovery by employer.
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11 March 1993 |
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Whether the defendant bank could lawfully set off a guaranteed debt against the plaintiff's deposited funds, defeating conversion claim.
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Banking law — conversion claim against a bank — set-off — collateral guarantee/undertaking — enforceability of a written guarantee as collateral contract — right of bank to refuse payment when entitled to set-off.
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5 March 1993 |
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An occupier in possession may obtain a perpetual injunction and nominal damages for trespass despite not being the registered owner.
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Civil procedure — Order 19, Rule 7(9) — default judgment on pleadings; Property — trespass — right to sue lies with person in possession, not only owner; Remedies — perpetual injunction and nominal damages (K25) awarded for trespass without proved actual loss.
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5 March 1993 |