Results.
6 judgments found.
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| October 2006 |
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Summary judgment granted for undisputed account balance where defendant's denials were general and unsupported.
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Civil Procedure
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Summary Judgment — Whether summary judgment appropriate where defendant raises general denials and account reconciliations
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Rehearing on Appeal — Appeal from Assistant Registrar to judge in chambers is by way of rehearing
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31 October 2006 |
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High Court dismissed appeal because no question of law or jurisdiction was raised under s65(2) Labour Relations Act.
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Labour Law — Appeals — Scope of appeal from Industrial Relations Court under section 65(2) Labour Relations Act — Whether quantum of compensation is reviewable absent a question of law or jurisdiction
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30 October 2006 |
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Injunction granted protecting the plaintiff’s exclusive right to distribute 'Exide' batteries, excluding the revenue authority.
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Intellectual Property — Trade Mark — Injunction to restrain dealing in goods bearing protected trade mark — Application of American Cyanamid principles
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Administrative Law — Public Revenue Agency — Injunction against revenue collector — Practicality and balance of convenience
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30 October 2006 |
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Interlocutory injunction restraining termination of a statutory chief officer refused for lack of a good arguable case and because damages suffice.
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Interlocutory injunction; employment contract vs judicial review; American Cyanamid principles; doctrine of necessity; adequacy of damages.
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30 October 2006 |
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Failure to give reasons and follow transparent selection breached legitimate expectations, warranting quashing and remedial assistance.
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Administrative Law — Procedural Fairness — Legitimate expectation and requirement to give reasons in public funding decisions — Constitution s 43
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Civil Procedure — Proper Parties in Judicial Review — Attorney General not a proper respondent unless privy to the challenged decision
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26 October 2006 |
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Plaintiff’s writ allowed where earlier originating summons was improperly served and inappropriate; injunction consolidated into the writ.
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Civil Procedure
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Abuse of Process — Commencing writ after originating summons on same subject-matter — Court’s power to prevent improper multiplicity of proceedings
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Service and Mode of Commencement — Defective service and wrong use of originating summons — Order 10 r 1; Order 65 r 4; Order 5 r 4
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12 October 2006 |