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Citation
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Judgment date
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| August 2001 |
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Adjourning a contempt hearing to another day deprives the court of summary jurisdiction, rendering any subsequent conviction a nullity.
Contempt of court – Summary jurisdiction lost by adjournment – Requirement to warn potential contemnor before summary charge – Need for formal charge sheet and avoidance of duplicity – Procedural defects render conviction a nullity – Sections 113 Penal Code; Sections 353(2)(a)(i) and 362 Criminal Procedure and Evidence Code.
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31 August 2001 |
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An interlocutory injunction preventing an employer recovering company property was discharged as damages were an adequate remedy after termination.
Interlocutory injunctions – American Cyanamid principles – adequacy of damages as remedy – ex parte applications and nondisclosure/misrepresentation – employer’s right to recover company property after employment termination – publication of notice that employee no longer occupies post.
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24 August 2001 |
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Order 14 summary disposal refused because the disputed cause of the accident was a factual issue requiring a full trial.
Civil procedure — Order 14 summary disposal — question of law v. fact; Workers Compensation Act s.4(2)(b) — negligence, deliberate self-injury, serious and willful misconduct; requirement of evidence for exclusions under compensation statute.
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23 August 2001 |
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Ex parte interlocutory injunction discharged where applicant deliberately suppressed material facts and misled the court.
Civil procedure – Ex parte interlocutory injunction – Duty of full and frank disclosure – Suppression of material facts – Order obtained by misrepresentation discharged.
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22 August 2001 |
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Sheriff’s fees (poundage) are due once goods are seized; the party who caused execution is liable even if no sale occurs.
Sheriff’s fees/poundage — entitlement upon seizure of goods — execution levied but no sale — Courts Act Schedule; Sheriffs Act; local precedents (Maunde; Sheriff v Press Produce) — Re Ludmore distinguished — liability of party initiating execution — court power to order payment of Sheriff’s costs when setting aside execution.
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17 August 2001 |