Results.
5 judgments found.
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| September 1988 |
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Interlocutory injunction dissolved where no clear contract existed, status quo not preserved and applicant lacked clean hands.
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Civil procedure — interlocutory injunction; preservation of status quo; adequacy of damages; equitable relief and clean hands; existence of contract; appellate review of discretionary injunction.
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29 September 1988 |
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Credit sales of fuel at filling stations were illegal under conservation regulations; plaintiff recovered only depot cash-sale amounts.
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Preservation of Public Security (Conservation of Motor Fuel) Regulations — prohibition of non-cash sales at fuel stations — credit sales at filling stations illegal and not recoverable; recoverability of fuel sold/delivered at supplier depots; credibility of defendant’s evidence on waybills and payments.
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13 September 1988 |
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A company under out-of-court receivership may sue in its own name unless the debenture expressly divests that power.
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Companies law — Receivership — Out-of-court appointment of Receiver/Manager — Construction of debenture determines receiver’s powers — Right of company to sue in its own name unless debenture divests that power — Locus standi — Receiver/Manager or his solicitors not entitled to represent company if not a party.
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8 September 1988 |
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Appellant failed to prove wrongful withholding of pension funds; Liquor Act illegality and missing pension rules defeated the claim.
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Pension funds — money had and received — need for proof of receipt and authority; Liquor Act s.76(2) bars actions on debts incurred contrary to statute; non‑production of pension scheme rules fatal to claim; creditor’s right to set off admitted indebtedness against pension proceeds.
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5 September 1988 |
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Only one instruction and one brief fee are payable per action; refresher fees are at the taxing master’s discretion.
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Taxation of costs — instruction fee — brief fee — counterclaim — only one allowance per action (Order 62/A2/22, 62/A2/23) — refresher fees discretionary (Order 62/A2/50) — no two‑thirds rule.
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5 September 1988 |