All courts - 2014 August

3 judgments
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3 judgments
Citation
Judgment date
August 2014
Missing judge’s summing-up in a jury trial rendered convictions unsafe; convictions set aside and surviving appellants released.
Criminal procedure – jury trials – importance of judge’s summing-up and directions; Incomplete trial record – missing summing-up may render convictions unsafe; Reconstruction of missing record – impracticable after long delay; Remedy – setting aside conviction and considerations for retrial; Delay in custody – may preclude ordering retrial.
28 August 2014
Summary judgment under Order 14 inappropriate where contractual terms and disputed facts require full trial; application dismissed with costs.
Civil procedure — Summary judgment (Order 14) — Debt claim for unpaid bills — Requirement that defendant have no defence — Disputed contractual terms and need for taxation/ full trial.
12 August 2014
Class/representative suits require High Court leave; IRC Form 1 must sufficiently particularise retrenchment claims.
Industrial Relations Court — limited inherent jurisdiction; Representative/class actions — equitable origin, not maintainable in IRC without High Court leave; Pleadings — IRC Form 1 must particularise claims and list applicants; Distinction between retrenchment and redundancy material.
7 August 2014