Results.
6 judgments found.
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| November 2018 |
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An appeal is premature where liability is decided but damages remain unassessed; only final judgments are ordinarily appealable.
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Civil procedure — Appeals — Finality — Appeal premature where lower court has decided liability but damages remain unassessed; inchoate/non‑enforceable judgments not ordinarily appealable; costs in the cause.
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29 November 2018 |
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An appeal on liability is premature if damages remain unquantified and the judgment below is inchoate; appeal delisted.
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Civil procedure — Appeal — Premature appeal where damages remain unquantified — Inchoate judgment not immediately enforceable — Appeals should follow final determination of liability and quantum — Appeal delisted; costs in the cause.
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29 November 2018 |
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Summary judgment improperly entered amid disputed negligence and valuation; appeal allowed and matter remitted to Commercial Division for full hearing.
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Civil procedure — Summary judgment — Improper entry and confirmation where negligence and valuation were disputed; Commercial jurisdiction — matter remitted to High Court Commercial Division for full and expedited hearing.
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28 November 2018 |
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A s40 Commission order recorded as a High Court judgment must be challenged by appeal to a Judge in Chambers, not by judicial review.
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Competition and Fair Trading Act s40(2) — lodgement with Registrar — recorded order has effect of High Court judgment; s48 — appeal to a Judge in Chambers is the proper remedy against Commission findings; judicial review not available against orders recorded as High Court judgments; High Court cannot judicially review its own decisions or those of a court of concurrent jurisdiction; procedural compliance — filing address for service and consequence of non-compliance (ex parte hearing).
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26 November 2018 |
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Whether the appellant’s actions constituted anti-competitive exclusion under section 32(1) amid statutory allocation of licensing functions.
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Competition Law — Anti-Competitive Practices — Alleged prevention of market entry by a standards body — Application of s32(1) Competition and Fair Trading Act
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Administrative Law — Statutory Functions and Procedure — Interpretation of Number Plate Production System 2010; role of Bureau of Standards versus Road Traffic Directorate
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23 November 2018 |
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An appeal on liability alone is premature where damages remain unquantified; appeals should await a final, enforceable judgment.
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Civil procedure — Appeals — Prematurity of appeal where damages remain unquantified — Judgment left inchoate and not immediately enforceable — Avoidance of piecemeal appeals on liability and quantum.
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23 November 2018 |