Results.
13 judgments found.
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| November 2017 |
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Whether uniformed military personnel’s trespass and intimidation were within scope of employment, attracting vicarious liability.
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Vicarious liability — scope of employment — close connection test (Lister) — trespass and intimidation by uniformed military personnel — appellate interference with factual findings.
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29 November 2017 |
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29 November 2017 |
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Stay of taxation pending JCC investigation refused for lack of exceptional circumstances or demonstrated prejudice.
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Civil procedure — taxation — application to stay taxation pending Judicial Complaints Commission investigation — discretionary remedy requiring exceptional circumstances, demonstrable merit and irreparable harm; complaint against judge does not automatically warrant stay.
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28 November 2017 |
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An application to file a Notice of Appeal out of time must be made first to the court below before renewal in the Court of Appeal.
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Civil procedure — extension of time — application to file Notice of Appeal out of time — jurisdictional requirement to apply first in the court below before renewing in the Court of Appeal.
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28 November 2017 |
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Court granted a final seven‑day extension to file the record of appeal, finding delay not inordinate and no prejudice to respondents.
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Civil procedure — Appeal — Extension of time to file record of appeal — Order 13 Rule 3(3) Court of Appeal Rules — Inordinate delay — Prejudice to respondent — Exercise of judicial discretion.
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28 November 2017 |
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Court allowed final extension to file record of appeal, finding delay not inordinate nor prejudicial.
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Civil procedure — appeal — extension of time to file record of appeal — Order 13 Rule 3(3) Court of Appeal Rules — inordinate delay a question of fact — prejudice to respondent — dismissal for want of prosecution.
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28 November 2017 |
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Inordinate delay and alleged counsel incompetence do not justify extension of time to appeal or a stay of execution.
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Civil procedure — extension of time to appeal — discretionary relief: factors include reasons for delay, length of delay, applicant’s conduct and merits; counsel’s negligence not a sufficient ground; stay of execution.
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28 November 2017 |
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Delay of over a year and reliance on former counsel’s alleged incompetence failed to justify extension of time to appeal; stay discharged.
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Civil procedure — extension of time to appeal — discretion requires good cause — length and reasons for delay — incompetence of former counsel not a ground — stay of execution discharged — finality of litigation.
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28 November 2017 |
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Court granted leave to seek extension to file record of appeal out of time but warned against procedural laxity.
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Civil procedure — extension and enlargement of time — Order 13/3 CAR — leave to apply under subrule (3) where 60 and 21 day periods have elapsed — procedural laxity — discretion to grant relief.
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10 November 2017 |
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Specific performance ordered where vendor breached by refusing agreed road reserve; purchaser justified in withholding balance and title.
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Contract for sale of land — incorporation of sketch plan — agreed 20m road reserve — vendor’s survey omitted reserve — fundamental breach — purchaser’s lien over title deed — specific performance appropriate — rescission ineffective — time not of the essence.
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9 November 2017 |
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Where "pay" is undefined, it is interpreted to include salary plus allowances; long service gratuity and retirement benefits are distinct entitlements.
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Employment law — contractual interpretation — meaning of "pay" and "salary"; long service gratuity vs retirement benefits; calculation of terminal benefits; housing allowance continuation; unjust enrichment.
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9 November 2017 |
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Execution of a deputy registrar’s order does not bar a judge from rehearing the appeal and exercising fresh discretion.
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Civil procedure — Appeal from deputy registrar to judge — Rehearing and unfettered judicial discretion; execution of registrar’s order does not oust jurisdiction — Order XXX r 10 High Court Rules — No automatic stay of proceedings.
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6 November 2017 |
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A judge may rehear appeals from a deputy registrar despite execution of the registrar's order; execution does not oust jurisdiction.
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Civil procedure — Appeal from deputy registrar to judge — Rehearing with unfettered discretion — Execution of registrar's order pending appeal does not oust jurisdiction — Order XXX r 10 High Court Rules.
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6 November 2017 |