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Citation
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Judgment date
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| December 2005 |
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An ex parte judicial review and injunction were set aside for material non‑disclosure and lack of locus standi after deportation.
Judicial review – ex parte leave – duty of full disclosure (uberrima fides) – material non‑disclosure; Injunction – impossibility of performance; Locus standi – deported/prohibited immigrants; Refugee law – Article 32 (national security/public order) – revocation and expulsion.
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28 December 2005 |
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Whether a contract existed where the defendant’s purchase order varied essential payment and delivery terms.
Contract formation – offer and acceptance – purchase order amounting to counter-offer – time of the essence and delivery date – no consensus ad idem – specific performance unavailable.
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13 December 2005 |
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The respondent, as bailee for reward, was held liable for the boat's loss after failing to prove absence of negligence.
Bailment for reward — duty of care; exclusion clauses — burden of proof and application to specific contracts; statutory breaches and contract validity; contributory negligence — burden of proof; jus tertii and title challenges.
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5 December 2005 |
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Owner liable only for current water bill; water boards must enforce 30‑day disconnection to prevent accumulated tenant debts.
Waterworks Act (s31/36) – primary liability of occupier; secondary liability of owner – disconnection for non-payment after 30 days – bye‑laws and enforcement – inadmissibility of affidavits sworn by counsel in non‑interlocutory proceedings – reconnection upon payment of current bill.
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1 December 2005 |
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Consolidation of winding-up petitions upheld where common factual and equitable issues and unchallenged allegations of malice existed.
Company law – winding up petitions – consolidation of petitions under Order 4 Rule 9 – common questions of fact – unchallenged affidavit alleging malice – overlap of legal and equitable issues.
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1 December 2005 |
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Automatic forfeiture under section 159(1) leaves no discretion; duty paid must be refunded where goods are forfeited.
Customs law – section 159(1) automatic forfeiture on conviction – no judicial discretion; section 159(2) applies where goods cannot be recovered; prohibition of double recovery of duty when forfeited goods are sold.
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1 December 2005 |