Results.
13 judgments found.
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| October 2015 |
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An original court must formally determine necessity of referral before submitting Form 3 to the Chief Justice for certification.
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Constitutional Law — Referral Procedure — Whether original court must make formal determination before submitting Form 3 to Chief Justice for certification — Courts Act s 9(2),(3); Rules 3(1), 8(1)
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28 October 2015 |
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Appeal dismissed for vague, non‑compliant grounds of appeal; costs awarded to respondent.
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Civil Procedure — Appeals — Grounds of Appeal — Compliance with Order III r 2(2),(3),(4) — Vagueness, failure to state law/fact, excessive narrative — Power to strike out
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Civil Evidence — Appellate Review — Weight of evidence and witness credibility — Appellate restraint absent clear misdirection
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20 October 2015 |
| September 2015 |
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An unexplained two‑year delay defeats an application to appeal out of time under section 349(4).
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Criminal Procedure
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Appeals Out Of Time — Meaning Of "Good Cause" Under Section 349(4) — Requirements For Condonation
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Judicial Discretion — Refusal Of Extension Despite Delay — Inordinate Unexplained Delay
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29 September 2015 |
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Whether an exclusion clause signed by the consumer can bar negligence claims and the effect of the Consumer Protection Act.
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Contract Law — Exclusion Clauses — Incorporation by signature or notice — Effect on liability for negligence
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Consumer Protection — Statutory control of contract terms — Section 8(3) invalidating clauses that exempt supplier liability
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Civil Procedure — Appellate scope — Whether appellate court may apply unargued statute that is dispositive of an appeal
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9 September 2015 |
| August 2015 |
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21 August 2015 |
| July 2015 |
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Court set aside a single‑judge stay of execution where appellant failed to show special circumstances or realistic prospects of success.
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Civil Procedure — Stay of Execution — Whether stay pending appeal should be granted where judgment debtor alleges insolvency and contested payments — Balance of convenience, special circumstances, prospects of success
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Court Powers — Single Member Decisions — Variation or discharge under Section 7(b) Supreme Court of Appeal Act
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Appeal Procedure — Enforcement pending appeal — Deference to trial court findings after full trial and heavier burden on appellant to obtain stay
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15 July 2015 |
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A pre-judgment compromise ousts the appeal; the consent order must be entered though triable mortgage issues persist.
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Civil Procedure — Settlement and Consent Orders — Effect of pre-judgment compromise on appellate jurisdiction and duty to enter consent order
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Mortgage Law — Power of Sale — Whether mortgagee’s power had become exercisable; duties of good faith and obtaining fair market price
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Interim Relief — Injunction Pending Appeal — Test for grant where appellant lost at first instance: triable issues, adequacy of damages, and balance of convenience
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8 July 2015 |
| June 2015 |
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30 June 2015 |
| May 2015 |
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Commercial Division lacked jurisdiction; Limitation Act is a defence only; respondent failed to prove adverse possession.
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Civil Procedure
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Jurisdiction — Competence of Commercial Division to hear non‑commercial land disputes — Order 1 r.4(2) High Court (Commercial Division) Rules — s.108 Constitution
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Originating Summons — Unsuitable where there are substantial disputes of fact; parties should be ordered to proceed by writ
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Property Law — Adverse Possession — Whether an encroacher may sue to acquire title under Limitation Act — Limitation Act s.6; established requirement of factual possession and animus possidendi
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31 May 2015 |
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Statutory pre-trial detention limits do not strip courts of constitutional discretion to refuse bail in the interests of justice.
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Constitutional supremacy — pre-trial custody time limits (Sections 161G & 161I C.P. & E.C.) do not displace Section 42(2)(e) 'interests of justice' bail discretion; post-expiry bail applications remain discretionary; prior escape and lengthy evasion justify refusal as flight risk; State negligence in prosecuting may trigger conditional release.
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18 May 2015 |
| February 2015 |
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Whether the bank waived security requirements, caused the borrower's losses, and lawfully realised charged property.
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Banking and secured transactions — loan facility vs overdraft; waiver/variation by conduct; causation for consequential trading losses; validity of statutory demand; exercise of power of sale — duty to act in good faith, adequate valuation and chargor's interests; res judicata.
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25 February 2015 |
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Summary dismissal for theft was unlawful due to lack of a fair hearing; compensation assessed under statutory formula.
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Employment law — unfair dismissal — summary dismissal for theft — procedural fairness (right to be heard) — compensation under s63(4)–(5) — assessment of damages — limits on drawing inferences (Order 59 Rule 2).
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6 February 2015 |
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5 February 2015 |