|
Citation
|
Judgment date
|
| December 2000 |
|
|
Court stayed proceedings where counsel lacked authority after former director sold estate; estate enquiry required.
Company law – authority of director to instruct counsel – continuation of proceedings after sale of company property – distinction between company claim and personal claim – stay pending estate administration
|
31 December 2000 |
|
Demand notices under sections 60 and 68 were valid; s71(1) does not make auction mandatory and injunction refused where chargee acted in good faith.
Registered Land Act – sections 60(2) and 68(1) – demand notices and three‑month default period; indulgence suspends but does not waive notice; section 71(1) permissive on auction sales; section 71(3) remedies in damages and protection of bona fide purchasers; injunction to restrain sale requires bad faith or irreparable harm
|
9 December 2000 |
|
Appeal dismissed: reliable dock identification by a known witness upheld; identification parade not mandatory; alibi disproved.
Criminal law – Armed robbery – Identification evidence – Dock identification by a witness with prior acquaintance – Identification parade not mandatory – Alibi and burden of proof – Appellate review of state concession
|
7 December 2000 |
|
Interlocutory injunction discharged; plaintiff failed to show a good arguable right to restrain lender's sale of charged property.
Registered Land Act s.68 - power of sale; interlocutory injunctions — equitable discretion; requirement of good arguable right; inquiry as to damages requires proof of 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 |