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Citation
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Judgment date
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| November 2015 |
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Time was not of the essence; plaintiff failed to prove unreasonable delay or entitlement to consequential losses.
Contract — supply of utilities — time not of the essence where contract warns of possible delays; reasonable time standard; burden on plaintiff to prove causation and unreasonable delay — ancillary loss claims fail if primary breach not established.
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29 November 2015 |
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Whether distinct injury assessments can be aggregated under section 9(2) of the Workers Compensation Act; court confirms aggregation.
Workers Compensation Act – section 9(2) aggregation of percentages for multiple injuries – First Schedule assessments – distinct injuries (vision vs. smell) – procedure for appeals from Worker's Compensation Commissioner; Commissioner not a necessary party.
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26 November 2015 |
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Utility entitled to disconnect for unpaid bills absent proof of payment; defamation and trespass claims dismissed.
Utility law – Disconnection for non‑payment – Statutory and contractual authority to enter and disconnect – Burden of proof for bank payments – Defamation: justification (truth) defence.
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26 November 2015 |
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Applicant failed to prove respondent caused contamination; claim dismissed for lack of evidence the container was sealed.
Product liability; negligence; duty of care of manufacturer to ultimate consumer; causation and burden of proof; circumstantial evidence; sealed container; joinder of insurer.
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25 November 2015 |
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Decree nisi granted where petitioner proved respondent's serial adultery; jurisdiction established and costs awarded.
Family law – Divorce – Jurisdiction (domicile) under s.2 Divorce Act – Adultery as ground for divorce – Undefended petition and unchallenged evidence – Decree nisi and costs awarded.
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16 November 2015 |
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Court corrected its omission and held the respondent entitled to compound interest at the contractual rate, dismissing the applicant's simple-interest request.
Civil procedure – correction of clerical mistake (Order 20 rule 11) – Interest – contractual rate (2% above prime or maximum permitted) – simple versus compound interest – commercial transactions; compound interest recoverable where contract silent.
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2 November 2015 |