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Citation
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Judgment date
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| November 2023 |
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Security for costs ordered where non-resident, impecunious claimant pursued uncertain and potentially vexatious claims.
Civil procedure – security for costs – claimant resident outside jurisdiction and impecunious – uncertain, inconsistent and potentially vexatious pleadings – lack of documentary proof of fund transfers – order for security for costs.
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29 November 2023 |
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An agreed consent order is binding; a party cannot later assess interest contrary to that order.
Civil procedure – Agreed/consent order – Binding effect of Agreed Order endorsed by court – Assessment of interest – Res judicata – Variation of consent order requires fresh action – Late payment interest claims.
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29 November 2023 |
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Court dismissed application to set aside stay of execution, distinguishing appellate ‘inchoate’ doctrine from enforcement procedure.
Civil procedure — Summary judgment on liquidated sum — Inchoate judgments and finality — Apex Court jurisprudence on appeals vs enforcement — Order 23 r 6(1) effect of judgment — Order 28 r 11 enforcement order and costs — Stay of execution pending assessment of interest and appeal.
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23 November 2023 |
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20 November 2023 |
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Interlocutory injunction vacated due to suppression of material facts and absence of arguable tenancy right.
Interlocutory injunction — ex parte applications — duty of full and frank disclosure — suppression/misrepresentation of material facts — requirement of a serious question to be tried — tenancy evidence and allocation of statutory corporation housing — costs.
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17 November 2023 |
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Claimant had no contractual right of first refusal; council sale lawful; action dismissed and claimant ordered to vacate and pay arrears.
Local government property disposals – right of first refusal requires contractual or legal instrument; legitimate expectation requires judicial review procedure; failure to advertise does not automatically invalidate council disposals; specific council housing policy governs eligibility.
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14 November 2023 |
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Disciplinary minutes not obligatory; dismissal for supervisory neglect upheld; deduction of terminal benefits to recover shortages held unlawful.
Employment law – disciplinary procedure and natural justice – no legal requirement to record/tender disciplinary minutes; Appeals from IRC limited to questions of law or jurisdiction (Labour Relations Act s65); supervisory negligence may justify dismissal; Employment Act (ss52,56) restricts deductions from wages and prohibits offsetting unexplained stock shortages against terminal benefits.
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14 November 2023 |
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Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
Industrial relations — Summary disposal on point of law — Procedure permissible only where no disputed facts — Disciplinary proceedings and alleged unfair dismissal — Authenticity of documents and compliance with Employment Act s57 — Matter ordered to substantive hearing.
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14 November 2023 |
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Applicant failed to show a real risk of injustice required to stay civil proceedings pending related criminal proceedings.
Civil procedure – Stay of civil proceedings pending criminal proceedings – Applicant must demonstrate a real risk of injustice, not merely allege prejudice – Burden of persuasion remains with the applicant – Alleged inability to cross-examine a witness insufficient without showing real risk of injustice.
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3 November 2023 |