Results.
6 judgments found.
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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.
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'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.
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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.
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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.
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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.
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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 |