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Citation
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Judgment date
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| January 2024 |
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Interim injunction continued pending trial as triable issue exists over whether a counteroffer negated the sale agreement; damages inadequate for land.
Property law – interim injunction – existence of enforceable agreement for sale of land – whether offeree’s response amounted to a counteroffer or mere request for variation – adequacy of damages for land – balance of convenience – referral to mediation.
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25 January 2024 |
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Interim injunction maintained due to triable issue on offer/counteroffer and inadequacy of damages for land.
Interim injunction — whether a triable issue exists as to formation of contract (offer v counteroffer) — uniqueness of land and inadequacy of damages — balance of convenience — continuation of interlocutory injunction; referral to mediation.
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25 January 2024 |
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Summary judgment granted where defence was a sham; stay for related criminal proceedings denied.
Civil procedure – stay of civil proceedings pending criminal proceedings; summary judgment – general denial treated as sham under Order 7 r 6 CPR; monetary claims vs criminal restitution; party-and-party costs only.
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24 January 2024 |
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A dispute founded on employment contract restraints belongs to the Industrial Relations Court, not the High Court Commercial Division.
Jurisdiction — High Court (Commercial Division) v Industrial Relations Court — employment contract disputes; restraint of trade in employment — enforceability and reasonableness vis-à-vis constitutional right to work (s.29); definition of "commercial matter" (Courts Act s.2).
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22 January 2024 |
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Whether a restraint-of-trade claim arising from employment belongs to the Industrial Relations Court rather than the Commercial Division.
Jurisdiction — Commercial Division v Industrial Relations Court — enforcement of post‑termination restraint in employment contract — whether dispute is commercial or labour — reasonableness of restraint and constitutional right to economic activity (section 29).
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22 January 2024 |
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Court set aside stay of enforcement and issued a third‑party debt order against the respondent's bank for assessed costs.
Civil procedure – stay of execution of costs order – setting aside stay for inordinate delay and failure to prosecute review – third‑party debt order against bank – respondent's ability to repay – costs awarded to respondent.
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4 January 2024 |