Results.
8 judgments found.
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| June 2002 |
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Auction bid and signed acknowledgment created a binding sale; breach for non-payment of deposit entitles plaintiff to assessed general damages.
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Contract law — sale by auction — fall of the hammer creates contract — bidder's signed acknowledgment — failure to pay deposit = breach — indoor management rule (Turquand) protects outsider purchasers against unproven internal irregularities — mitigation of damages — damages to be assessed by Registrar
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26 June 2002 |
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The defendant is entitled to court-ordered living expenses from Mareva-frozen assets despite alleged non-disclosure.
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Mareva injunction — entitlement to living expenses under a freezing order — enforceability of court-ordered allowances — non-disclosure not a condition precedent — variation of allowance and payment of arrears from frozen assets
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26 June 2002 |
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An ex-parte injunction obtained by suppression of material facts was discharged and costs awarded to the defendant.
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Civil procedure — Ex parte injunction — Suppression of material facts — Vacatur of ex parte order — Secured loan default and sale of mortgaged property
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24 June 2002 |
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Children of an intestate deceased mother are solely entitled; husband’s co-ownership and share claims dismissed; plaintiff fit to administer estate.
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Succession law — intestacy of a deceased woman — application of section 16(4) Wills and Inheritance Act (children solely entitled); proprietary claims by spouse — proof of co-ownership requires contribution; fitness to administer estate — failure to act and to maintain children relevant; constitutional challenge to succession provision — onus to show unreasonableness and inconsistency with Constitution.
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21 June 2002 |
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High Court reduces excessive bail deposit, requiring consideration of accused's means and ancillary conditions.
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Criminal procedure — Bail — Excessive deposit — Need to consider accused’s means and other bail conditions — High Court variation of lower court bail order
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12 June 2002 |
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Judge recuses due to reasonable apprehension of bias from prior attempts to remove him; case to be reheard by another judge.
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Judicial recusal — appearance of bias — reasonable apprehension of bias arising from prior attempts to remove judge from office — matter to be reassigned and reheard
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11 June 2002 |
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Second judge’s injunction order discharged as irregular; leave for judicial review restored without stay or injunction.
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Judicial review — leave stage under O.53 r.3 — ex-parte applications — injunctions at leave stage — abuse of process — judge shopping — irregularity of obtaining a second order from another judge
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4 June 2002 |
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Obtaining a conflicting injunction from a second judge on the same day was irregular and discharged; initial leave without injunction restored.
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Judicial review — ex parte leave — O.53 r.3; Injunction at leave stage — substantive decision on affidavit; Abuse of process — judge shopping; Irregularity — discharge of order obtained irregularly
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4 June 2002 |