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Title
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Date
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Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
Administrative law — Judicial review — Ex parte permission — Duty of frank and full disclosure — Suppression of prior related proceedings — Abuse of court process via multiplicity of actions — Discharge of permission and interlocutory injunction — Discretionary extension of time (functus officio).
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Judgment |
31 January 2025 |
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The Ombudsman lacked jurisdiction to investigate an anonymous complaint; resulting employment nullifications were set aside and benefits ordered.
Ombudsman jurisdiction — section 123(1) Constitution — anonymous complaints — requirement that a person who has suffered injustice lay complaint; judicial review of Ombudsman determinations; nullity of unlawful directives; compliance by public authority; reinstatement and terminal benefits; costs each party.
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Judgment |
31 January 2025 |
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Registrar rejects application for review due to improper signature, procedural non-compliance, and wrong forum for admissions.
Civil procedure — rejection of documents; signature by named legal practitioner required; notice of change of legal practitioner (Order 33); sworn statement formalities (Order 18); jurisdiction for admissions — Chief Justice; abuse of court process; Rules Orders 5, 18, 25.
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Judgment |
22 January 2025 |
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Registrar rejected duplicate originating proceedings as an abuse of process and improper filing at the wrong registry.
Registrar's power to reject documents — abuse of court process by duplicative filings (summons and judicial review) — improper forum/registry — Order 5 rules 10–13; Order 6 r9; Courts Act s3 and s6A(2).
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Judgment |
27 October 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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Judgment |
12 August 2024 |
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Action to set aside a consent order dismissed as disclosing no reasonable cause and an abuse of court process.
Civil procedure – setting aside consent orders – necessity to plead and particularise mistake, misrepresentation or material supervening event; remedies against former lawyers versus setting aside consent judgment; dismissal for frivolous, vexatious or abusive proceedings.
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Judgment |
17 July 2024 |
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Judgment |
27 October 2016 |