Results.
6 judgments found.
|
|
|
| December 2005 |
|
|
Ex parte leave obtained without disclosing prior deportation is void ab initio; injunction and proceedings were set aside.
-
Judicial review — ex parte leave — uberrima fides and material non-disclosure; interlocutory injunction — impossibility of performance and American Cyanamid test; deportation and revocation of refugee status — Article 32 (1951 Refugee Convention); locus standi of deported/prohibited immigrants; void ab initio orders
|
28 December 2005 |
|
No binding contract where purchaser's purchase order constituted counter-offer varying payment and delivery terms; claim dismissed.
-
Contract formation — offer and acceptance — counter-offer — variation of essential terms (payment and delivery) — objective test — time of the essence — specific performance not available where no binding contract
|
13 December 2005 |
|
Bailee for reward held liable for loss of vessel where defendant failed to prove absence of negligence; exclusion clause not applicable.
-
Bailment for reward — duty of care and onus on bailee to prove loss without negligence; exclusion clause must be proved and cannot be extended to separate contract; statutory breaches do not automatically void contracts; jus tertii defence not available to challenge title where bailment established
|
5 December 2005 |
|
Owner liable only for the current water bill; Water Boards' failure to enforce 30‑day disconnection cannot saddle owners with accumulated arrears.
-
Waterworks Act — occupier primarily liable for water rates; owner secondarily liable only after occupier default; bye‑laws permitting 30‑day disconnection limit owner's exposure; failure to enforce disconnection is inefficiency
|
1 December 2005 |
|
Consolidation of related winding-up petitions was appropriate where common issues and unchallenged malice allegations justified a single trial.
-
Company law — Winding up petitions — Consolidation of petitions — Allegation of malice as defence — Legal remedy vs equitable considerations — Order 4 Rule 9 Rules of the Supreme Court — Companies Act (inability to pay debts)
|
1 December 2005 |
|
Forfeiture of goods under s159(1) is automatic on conviction; duty paid on forfeited goods must be refunded to avoid double recovery.
-
Customs & Excise Act s159(1) — automatic forfeiture on conviction; no judicial discretion to release seized goods; s159(2) — duty-payable order applies where goods unrecoverable; prohibition on double recovery of duty
|
1 December 2005 |