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Citation
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Judgment date
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| April 2022 |
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Refusal to adjourn and entering judgment without a merits hearing risked denial of a fair trial; judgment set aside and matter remitted.
'Adjournment' — judicial discretion — overriding objective of Civil Procedure Rules — refusal of adjournment — denial of fair trial; 'Default judgment' — entering judgment without hearing merits; appellate review of discretionary orders.
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26 April 2022 |
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Court upheld trial judge’s discretion in refusing stay of criminal proceedings pending judicial review.
Judicial review – stay of criminal proceedings – injunction discretionary – adequacy of damages as remedy – standard of appellate review of discretionary decisions – balance of convenience and public interest – double jeopardy allegation.
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19 April 2022 |
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19 April 2022 |
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Court outlines required papers and formalities for grants of administration and allows special-purpose grants for pending litigation.
Probate procedure – Applications for letters of administration – Required papers: Oath for Administrator, administration bond, proof of death, certified estate duty affidavit and certificate, draft grant, copy of applicant ID – Forms must be followed; special-purpose grants for pending litigation permissible under s50(1).
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15 April 2022 |
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Where a service contract is terminable on three months' notice, contractual damages are ordinarily limited to that three‑month period.
Contract – termination by notice – damages limited to notice period; Damages – general v special – pleading and proof of loss of profits; Defamation actionable per se – general damages for reputation and loss of patronage; Interest – court may award compound interest at common law; Payment into court – non‑disclosure rule and procedural irregularity.
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6 April 2022 |
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An appeal against an order made in chambers was incompetent: leave was required and the notice of appeal was filed out of time.
Civil procedure – Appeal competence – Leave required for orders made in chambers (s.21 SCAA Act) – Notice of appeal filed out of time – Lower court lacked jurisdiction to extend time to appeal (s.23(2)) – Caution on ex-parte applications after long delay.
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5 April 2022 |