Results.
6 judgments found.
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| February 2001 |
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An interim administrator lacked authority to sue in the company’s name; injunction obtained without mandate was discharged.
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Company law — separate juristic personality; authority to sue rests with directors (Article 63, Companies Act); interim administrator’s powers limited until registration; ratification of unauthorised acts; interlocutory injunction — discharge where obtained without mandate or where material change in circumstances; procedural remedies (stay/dismissal) versus discharge.
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22 February 2001 |
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A rehearing on appeal is confined to evidence before the Registrar; new affidavit disallowed and damages confirmed subject to tax deduction.
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Civil procedure — Appeals from Registrar under Order 58 — scope of "rehearing"; Evidence — admissibility of additional evidence on appeal; Evidence — sufficiency of petty cash vouchers, invoices and quotations versus receipts; Assessment of damages — loss of use/loss of earnings must account for tax liability.
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18 February 2001 |
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A mortgagor who defaults cannot obtain an interlocutory injunction to restrain a bona fide power of sale absent payment into court or proof of bad faith.
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Civil procedure — interlocutory injunction — application of American Cyanamid test; Mortgage/charge law — power of sale — requirement to pay arrears or tender into court before restraining sale; Commencement of debt action does not waive power of sale; Sale by mortgagee binds mortgagor absent bad faith, fraud or collusion
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15 February 2001 |
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An ex parte injunction preventing a mortgagee’s sale was dissolved where the sale complied with statute and no triable issue existed.
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Registered Land Act s.68 — default and power of sale; mortgagor’s suppression of material facts; equitable title on contract of sale; injunction to restrain sale only where bad faith; American Cyanamid interlocutory injunction principles; adequacy of damages remedy
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15 February 2001 |
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Whether the Human Rights Commission may sue in its own name and when it must consult affected persons.
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Human Rights Commission — constitutional and statutory powers — Sections 129 and 130 Constitution; Section 12 Human Rights Commission Act — capacity and standing to sue suo motu or in representative capacity — prohibition on exercising judicial or legislative functions — requirement to consult affected persons before instituting suit — leave for judicial review refused.
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9 February 2001 |
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Appeal confined to evidence before Registrar; new affidavit rejected; damages upheld but loss-of-earnings reduced for tax.
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Civil procedure — appeal from Registrar/assessment of damages — scope of rehearing and admission of new evidence; Evidence — adequacy of petty cash vouchers, invoices and quotations when supported by unchallenged oral testimony; Damages — replacement, repair, funeral expenses, and loss of use; Loss of earnings — deduction for tax
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7 February 2001 |