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Citation
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Judgment date
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| December 1992 |
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The Supreme Court of Appeal has no jurisdiction to review its own delivered judgment except under the narrow "slip rule" or pre-perfection practice.
Civil procedure — Judicial review — Whether a Court of Appeal may review its own judgment — Order 53(3) excludes Court of Appeal — slip rule and Rule 29 (practice of Court of Appeal in England) — powers of review are statutory.
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11 December 1992 |
| August 1992 |
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Court granted stay of execution pending appeal due to special circumstances despite likelihood respondent could repay damages.
Civil procedure — Stay of execution pending appeal — Discretionary relief — Balance between protecting successful litigant's judgment and preserving right to appeal — Special circumstances and probability of inability to repay as factors — Large awards representing future pension benefits.
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18 August 1992 |
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Court granted stay pending appeal due to special circumstances despite respondent's apparent ability to repay; costs awarded to respondent.
Civil procedure — Stay of execution pending appeal — Court's discretion; special circumstances; successful litigant's ability to repay not decisive; large future pension award considered.
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15 August 1992 |
| April 1992 |
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Whether a towing contractor was solely negligent in a recovery tow and proper measure of damages where insurance paid.
Tort—Negligence—Towing and recovery operations; contributory negligence; assessment of damages where insurance proceeds available; proof of funeral and loss-of-use damages; costs on successful appeal.
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18 April 1992 |
| March 1992 |
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Illegality of credit fuel sales defeated respondents’ claim, but appellant denied costs due to partial success.
Contract law – Illegality; Conservation of Motor Fuel Regulations – sale of fuel on credit; sub-contracting and L.P.O. transactions; evidentiary burden on set-off/deductions; costs discretion where success is partial.
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20 March 1992 |
| February 1992 |
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Application for directions on repayment of monies recovered under a set‑aside judgment dismissed as an abuse of court process.
Civil procedure — Abuse of process; effect of appellate setting aside of trial judgment on monies recovered; restitution of sums recovered pursuant to an annulled judgment; interaction with Registrar's orders and stays.
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10 February 1992 |