Results.
5 judgments found.
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| December 2000 |
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Court stayed proceedings where counsel lacked authority after former director sold estate; estate enquiry required.
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Company law — authority of director to instruct counsel — continuation of proceedings after sale of company property — distinction between company claim and personal claim — stay pending estate administration
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31 December 2000 |
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Demand notices under sections 60 and 68 were valid; s71(1) does not make auction mandatory and injunction refused where chargee acted in good faith.
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Registered Land Act — sections 60(2) and 68(1) — demand notices and three‑month default period; indulgence suspends but does not waive notice; section 71(1) permissive on auction sales; section 71(3) remedies in damages and protection of bona fide purchasers; injunction to restrain sale requires bad faith or irreparable harm
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9 December 2000 |
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Appeal dismissed: reliable dock identification by a known witness upheld; identification parade not mandatory; alibi disproved.
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Criminal law — Armed robbery — Identification evidence — Dock identification by a witness with prior acquaintance — Identification parade not mandatory — Alibi and burden of proof — Appellate review of state concession
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7 December 2000 |
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Interlocutory injunction discharged; plaintiff failed to show a good arguable right to restrain lender's sale of charged property.
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Registered Land Act s.68 — power of sale; interlocutory injunctions — equitable discretion; requirement of good arguable right; inquiry as to damages requires proof of loss
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7 December 2000 |
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Interlocutory injunction refused where plaintiff lacked possession, had no good arguable claim, and sought the injunction as sole substantive relief.
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Interlocutory injunctions — American Cyanamid principles — possession requirement for nuisance/trespass — interim relief should not grant final remedy — joinder of party in possession.
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1 December 2000 |