Principal Registry - 2011

7 judgments
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Results. 7 judgments found.

7 judgments
October 2011
11 October 2011
Summary judgment refused: prior judicial review order did not mandate payment and circular allowances were conditional, requiring individual proof.
  • Administrative law — judicial review order construed as directive to find sponsorship, not monetary judgment; Civil procedure — summary judgment (Order 14) inappropriate where entitlement conditional and triable issues exist; Contract/employment law — statutory/circular allowances are conditional and require individual proof.
7 October 2011
June 2011
Interlocutory injunction refused where chargee lawfully exercised power of sale; remedy limited to damages.
  • Interlocutory injunctions — American Cyanamid test — power of sale under a land charge — Registered Land Act s71(3) — damages as exclusive remedy — innocent purchaser for value without notice.
10 June 2011
May 2011
Garnishee order absolute set aside for mutual mistake; garnishee ordered to pay costs and plaintiff to refund funds.
  • Garnishee proceedings — garnishee order absolute — mistaken identity of account holder — mutual mistake — setting aside garnishee order absolute — costs — repayment of misapplied funds.
20 May 2011
Applicant detained for many years released conditionally due to inordinate delay and lost prosecution file.
  • Habeas corpus — prolonged pre‑trial detention; lost prosecution file; failure to comply with court timetable direction; conditional release/bail with sureties and movement restrictions.
6 May 2011
April 2011
Applicant detained beyond statutory 90‑day limit granted bail where the State failed to justify continued detention.
  • Criminal procedure — Bail — Pre‑trial detention exceeding 90 days under s.161G CP&EC without extension — Interests of justice — Conditions of bail.
20 April 2011
March 2011
Court awarded loss-of-dependency to sole surviving dependant for deceased son; no award for 10-year-old grandson.
  • Wrongful death — assessment of damages — loss of dependency — multiplicand and multiplier method — minor dependent without evidence of support — default judgment on liability.
23 March 2011