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Whether a time‑limited ex‑parte injunction lapses without inter‑partes application, and whether affixation service under Order 10 r 4 is valid.
Civil procedure — ex‑parte interlocutory injunction — effect of time‑limited ex‑parte orders and requirement to apply inter‑partes; equity (clean hands) not a substitute for procedural non‑compliance
Service — Order 10 r 4 affixation to land is exceptional and requires prior court/Registrar authorisation; irregular service may be irregular but not necessarily nullifying (Order 2 r 1)
Property — possession, trespass and propriety of prohibitory injunctions
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12 October 2010 |
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Appeal against compensation for unfair dismissal dismissed; appellate court will not disturb discretionary 15-month award absent perversity.
Employment law – Unfair dismissal – Compensation under section 63 of the Employment Act – Judicial discretion in awarding compensation – Factors: immediate and future loss, mitigation, age, fitness, qualifications, and contributory conduct – Appellate restraint in disturbing discretionary awards.
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12 October 2010 |