Results.
13 judgments found.
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| October 2015 |
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Whether Rule 8(1) and s 9(2)-(3) require a separate judicial determination before submitting Form 3 for constitutional referral.
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Constitutional procedure
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— Referral to High Court — Requirement that original court first determine necessity before submitting Form 3 under Rule 8(1)
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— Role of Chief Justice — Certification under s 9(3) involves substantive consideration, not merely administrative approval
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Constitutional law — Threshold for referral — “Expressly and substantively” relates to interpretation/application of Constitution (s 9(2))
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28 October 2015 |
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An appeal was dismissed for incompetent, vague grounds of appeal failing to comply with Order III r.2 requirements.
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Civil procedure — Appeals — Grounds of appeal — Compliance with Order III r.2(2),(3),(4) Supreme Court of Appeal Rules — Grounds must be concise, non‑argumentative and specify nature of alleged error
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Evidence — Civil proof — Special damages and short deliveries — Plaintiff’s failure to call primary witnesses and reliance on hearsay undermines proof on a balance of probabilities
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Contract/procedure — Station Manual/off‑loading procedure — Contractual claim for short deliveries requires adherence to prescribed procedure
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20 October 2015 |
| September 2015 |
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An unexplained, inordinate delay of two years defeated an application to appeal out of time under section 349(4).
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Criminal law — Appeals
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— Extension/condonation of time — Meaning of "good cause" under section 349(4) Criminal Procedure and Evidence Code
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— Delay — Unexplained or inordinate delay warrants refusal to condone time-barred appeals
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Criminal procedure — Judicial discretion — Applicant must show bona fides and that delay could not have been avoided by due care
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29 September 2015 |
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Whether a clearing agent’s standard exclusion clause binds a signing customer and excludes liability for negligent damage.
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Contract — Exclusion clauses — Incorporation by signature and notice — Strict construction and contra proferentem rule
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Consumer law — Consumer Protection Act — Validity of clauses exempting supplier from liability for defects or deficient services — s.8(3)(a)
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Civil procedure — Appellate scope — Whether court may decide statutory point not pleaded or argued by parties
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9 September 2015 |
| August 2015 |
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21 August 2015 |
| July 2015 |
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Appellant failed to prove special circumstances or prospects of success to justify a stay of execution pending appeal.
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Civil procedure — Stay of execution — Pending appeal; test: serious issue/merits, irreparable harm, and balance of convenience — Deference to trial judge after full trial
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Appeal procedure — Powers of a single member — Section 7(b) Supreme Court of Appeal Act — Court may vary, discharge or reverse single-member orders
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Enforcement — Judgment creditor’s entitlement — Stay requires special circumstances or full disclosure of debtor’s inability to pay
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15 July 2015 |
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A prior compromise ends the lis and bars an appeal without leave; injunctions can restrain mortgage sales where triable issues exist.
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Civil procedure
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— Appeal jurisdiction — Effect of parties' compromise on appealability — Compromise ends lis; leave required to appeal consent judgment
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— Interim injunction pending appeal — Mortgagee power of sale — Application of American Cyanamid principles; real prospect of success; balance of convenience
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Property law — Mortgagee's duty — Power of sale exercisable only if default established; mortgagee must act in good faith to obtain fair market price
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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 only a defence; adverse possession not proved.
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Civil procedure — Jurisdiction — Competence of Commercial Division to hear non‑commercial matters — S.108 Constitution and High Court (Commercial Division) Rules
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Statute of Limitations — Adverse possession — Limitation Act is a defence not a cause of action — A trespasser cannot sue to obtain title under the Limitation Act
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Property law — Adverse possession — Proof requirements: factual possession and animus possidendi; bare or unsupported assertion of occupation insufficient
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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 |