|
Citation
|
Judgment date
|
| December 2000 |
|
|
Whether a former director may validly instruct litigation in the company’s name; court stayed proceedings pending estate enquiries.
Company law – authority of directors to institute and continue litigation; retainer and agency of solicitors; personal claim of former director following sale; stay pending estate enquiries.
|
31 December 2000 |
|
The applicant cannot restrain the bank's sale where statutory notice provisions were complied with; damages, not injunction, are appropriate.
Registered Land Act – sections 60(2) and 68(1) – demand and default periods; effect of indulgence on notice; section 71(1) – sale by auction versus private contract; Land Registrar approval of reserve price; s71(3) remedies; injunction vs damages; protection of bona fide purchaser.
|
9 December 2000 |
|
Appellate court upheld conviction where reliable dock identification by a previously acquainted witness disproved the appellant’s alibi.
Criminal law – Armed robbery – Identification evidence and dock identification – Prior acquaintance and opportunity to observe – Identification parade not mandatory where witness knew accused – Alibi and burden of proof – Appellate deference to trial credibility findings.
|
7 December 2000 |
|
Interim injunction discharged where plaintiff failed to show a good arguable right and lender's security may be realised.
Registered Land Act s.68; interim/interlocutory injunctions; equitable discretion; lender's right to realise security; requirement of cogent evidence for injunction; inquiry as to damages requires proof of actual loss.
|
7 December 2000 |
|
Interlocutory injunction refused where plaintiff lacked possession, had no good arguable claim, and sought the injunction as sole substantive relief.
Interlocutory injunctions — American Cyanamid principles — possession requirement for nuisance/trespass — interim relief should not grant final remedy — joinder of party in possession.
|
1 December 2000 |