Results.
6 judgments found.
|
|
|
| July 2020 |
|
|
Whether a preschool on community land is a community or private school and whether the respondent may continue operating it.
-
Contract interpretation — implied terms; Community versus private school status; Weight of Ministry of Education monitoring reports in civil proceedings; Affidavit evidence under originating summons; Occupation rights on community land.
|
27 July 2020 |
|
|
23 July 2020 |
|
|
22 July 2020 |
|
Possession, not ownership, suffices to sue for wrongful detention; unproven special damages must be assessed, not arbitrarily awarded.
-
Property law — wrongful interference with goods (conversion/detinue) — possession/immediate right to possession sufficient for locus standi; damages for detention of profit-earning chattels — market/hire rate, mitigation, and assessment by Deputy Registrar; misdirection in awarding unsubstantiated special damages; storage charges and lien claims rejected.
|
15 July 2020 |
|
A non‑party cannot commence a fresh action to set aside a consent winding‑up order; must seek joinder to original proceedings.
-
Company law — winding up — ex parte appointment of provisional liquidator — consent judgment confirming liquidation — setting aside consent order — procedure — fresh action available to parties; non-parties must seek joinder to original proceedings.
|
10 July 2020 |
|
A successful defendant is entitled to costs where judicial review is dismissed for lack of jurisdiction absent misconduct or other good reason.
-
Costs — judicial discretion — costs follow the event — dismissal for lack of jurisdiction — no misconduct: successful party entitled to costs.
|
10 July 2020 |