Results.
7 judgments found.
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| January 2019 |
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Whether contested share transfers effected to satisfy a bank condition were valid, fraudously procured, and what remedies (payment and register rectification) should follow.
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Company law — validity of allotments and transfers of shares — share transfer formalities — effect of Shareholders' Agreement and bank loan conditions as evidence of share reallocation; Forensic handwriting evidence — electronic signatures — standard of proof for fraud; Property Transfer Tax — liability and effect of non-payment on validity of share transfers; Remedies — rectification of register, payment for shares, interest and costs.
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31 January 2019 |
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Appeal dismissed: fish ponds were unauthorised development outside the appellant’s registered plot requiring planning permission.
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Town and Country Planning Act — Section 22: requirement for planning permission; development vs exempted agriculture; inclusion of private plans in local plan (s16A(3)); public notice/public inspection of local plans (s19); site inspection and boundary measurements as factual proof of encroachment; limits to retrospective regularisation of unauthorised development (s27).
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31 January 2019 |
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Payment under a conditional advance guarantee requires beneficiary's demand to meet the guarantee's specific wording; unproven interest disallowed.
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Banking law — advance payment guarantee — condition precedent in demand — strict construction of guarantee wording — beneficiary demand compliance — bank's duty to assess validity of demand — interest claim must be proved; post‑judgment proof improper.
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30 January 2019 |
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Whether workers are entitled to additional quantum meruit compensation where they were paid above statutory minimums, avoiding unjust enrichment.
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Employment law — Unattested written contracts — Quantum meruit claims — Assessment of damages — Requirement to review and apply evidence — Minimum Wages and Conditions of Employment Orders — Unjust enrichment.
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28 January 2019 |
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A failed defence of provocation can mitigate murder sentencing, permitting substitution of death with imprisonment.
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Criminal law — Murder — Failed defence of provocation as extenuating circumstance — Appellate interference with trial judge’s factual findings where unchallenged evidence wrongly dismissed — Sentence substitution (death quashed; imprisonment imposed).
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21 January 2019 |
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Complex limitation and jurisdictional defects were fact-sensitive and reserved for trial; failure to obtain leave to issue out-of-jurisdiction process was curable.
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Civil procedure — limitation of actions — interplay of Part I and Part II of Limitation of Actions Act (s.2, s.19, s.26) — equitable reliefs, fraud and discovery; service out of jurisdiction — leave required but defect curable; procedural irregularities curable; scope for summary striking out limited where facts disputed.
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11 January 2019 |
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Appellate court upheld trial findings that respondent repaired the vehicle, entitled to counterclaim, costs, and statutory interest.
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Contract/repair of vehicle — factual findings on authority to transfer vehicle — appellate review of findings of fact — proof of supply and fitting of spare parts — lien by non-party garage — costs follow the event — interest on judgment under The Judgments Act.
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11 January 2019 |