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Citation
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Judgment date
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| November 1992 |
|
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Independent contractor who removed a grinder safety guard assumed risk; respondent not liable under statute or common law.']
:[
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25 November 1992 |
| October 1992 |
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Default judgment set aside because postal service was invalid due to wrong addressee.
Civil procedure – service by post – incorrect addressee on envelope – validity of service – default judgment – irregularity – setting aside judgment; costs awarded to respondent.
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15 October 1992 |
| September 1992 |
|
|
Court refused relief to executors absent grant of probate where defendants contested executors' title to land.
Civil procedure – Executor's right to sue before grant of probate – Production of probate as protection of third‑party interests – Court may stay or refuse substantive relief until probate obtained where defendants assert competing title.
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8 September 1992 |
| May 1992 |
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Application for interlocutory injunction dismissed due to defective pleadings and adequacy of damages; interim injunction extended pending appeal.
Civil procedure – interlocutory injunction – endorsement required where injunction is substantial object of action – adequacy of damages – American Cyanamid principles – whether bond is insurance or guarantee reserved for trial.
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25 May 1992 |
| April 1992 |
|
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Court granted interim ex parte injunction restraining respondent from trespass pending filing of writ and further order.
Interim injunctions – ex parte application – urgency and strong grounds required – trespass to land – undertaking to file writ – conditions: filing writ, liberty to apply, costs reserved.
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15 April 1992 |
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Whether the applicant's summary dismissal for fraud forfeited contractual gratuity, bonuses, leave and repatriation benefits.
Employment law – summary dismissal for misconduct (fraud/unauthorised separate cash books) – effect on contractual benefits – gratuity payable pro rata for salary earned – bonus declared subject to conditions – entitlement to repatriation passages and baggage allowance – leave accrual and payment in lieu – notice pay.
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3 April 1992 |