Results.
7 judgments found.
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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.
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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.
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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.
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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.
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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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Application for summary disposal dismissed because disputed factual issues (including document authenticity and grounds for dismissal) require a full trial.
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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.
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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 |