Results.
7 judgments found.
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| December 2002 |
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Trial judge erred on burden of proof and evidence; appellant's dismissal of the manager for misconduct was justified.
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Employment law — summary dismissal — misconduct and negligence (unauthorised debits, failure to obtain insurance policies, irregular lending); burden and standard of proof in civil claims; admissibility and weight of bank records; impermissibility of judicial reliance on personal knowledge; defamation — truth defence
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17 December 2002 |
| November 2002 |
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Appellant entitled to market-value damages for conversion; loss-of-profits claim rejected for lack of pleading and proof.
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Conversion — measure of damages: market value at time of conversion; consequential loss
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Loss of use — general damages, modest; cannot substitute for loss of profits without pleading and proof
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Special damages — must be specifically pleaded and strictly proved
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Procedural delay — inordinate delay between hearing and judgment criticised
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10 November 2002 |
| September 2002 |
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Claims for pre-Constitution abuse of power must be brought to the National Compensation Tribunal, not the High Court.
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Constitutional law — section 138(1) National Compensation Tribunal exclusive original jurisdiction for pre-Constitution abuses of power; section 108(1) limited; section 138(3) power to remit; malicious prosecution and false imprisonment claims
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19 September 2002 |
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Whether the appellant held valid title after the government determined the respondent’s lease and whether the respondent’s re-entry was trespass.
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Property law — Lease determination for breach of development covenant — Validity of subsequent grant of lease — Title — Trespass for re-entry after determination — Trial de novo and non-binding earlier rulings — Damages for trespass and pleading particularity
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16 September 2002 |
| May 2002 |
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A stay was ordered where the subcontract's arbitration clause was incorporated and accepted by conduct, requiring arbitration.
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Arbitration Act s.6(1) — application to stay proceedings; incorporation of subcontract general conditions by annexes and conduct; implied acceptance of terms; inapplicability of third-party contract clause; referral to arbitration in Mendoza under Clause 36
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28 May 2002 |
| March 2002 |
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Consent stay discharged where appellants failed to comply with time condition to prepare appeal record and skeletal arguments.
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Civil procedure — consent order — stay of execution conditional on record and skeletal arguments being ready by fixed date — failure to comply with temporal condition — consent order discharged — duty of appellant to prepare record and seek extension if necessary
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11 March 2002 |
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A late, vague request for company minute books was rightly refused as unnecessary, a fishing expedition, and a delaying tactic.
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Civil procedure — production and inspection of company minute books — necessity and timing of application — O.24 r.13(1) discovery rules — best evidence — fishing expedition — trial judge’s discretion — limited appellate interference
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7 March 2002 |