Results.
41 judgments found.
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| October 2023 |
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A lender who reasonably verified documents was not primarily liable for third-party impersonation fraud, but refund reduced by refinance payment.
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Banking law — fraud by impersonation — forensic handwriting evidence — duty of reasonable care and verification by credit provider — when bank is put on inquiry — restitution between innocent parties — set-off for refinancing payment.
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30 October 2023 |
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Whether leave is required for appeal against an open Court judgment and the jurisdictional effect of failure to obtain leave.
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Civil appeal — Leave to appeal — Court of Appeal Act s22–23 — Open Court judgment; jurisdiction — Procedural form defects — Interpretation & General Provisions Act s47 — Statutory instrument inconsistent with Act void to extent of inconsistency (s20(4)); costs for withdrawn interlocutory application.
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30 October 2023 |
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Appellate court set aside unpleaded finding of contributory negligence and dismissed other appeal grounds, including unsupported PPE and benefit claims.
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Employment law — termination and payment in lieu — appellate review of factual findings; Pleadings — requirement to plead contributory negligence; Negligence — duty to prove inadequate PPE with supporting evidence.
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30 October 2023 |
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Court dismissed appeal: disciplinary process was fair, sufficient facts supported gross negligence dismissal, emotional injury claim failed.
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Employment law — Summary dismissal for alleged gross negligence — Disciplinary procedure and natural justice (audi alteram partem) — Composition of appeal tribunal and impartiality — Substratum of facts and continuous employment — Limited judicial review of domestic disciplinary findings — Emotional injury damages contingent on wrongful/unfair dismissal.
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30 October 2023 |
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Whether written documents satisfied Statute of Frauds and warranted specific performance, fraud not sufficiently proved.
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Contract of sale v loan — Statute of Frauds s.4 — written memorandum must contain names, subject matter and consideration — allegations of fraud/forgery must be clearly pleaded and proved to a higher standard — specific performance available for land where damages inadequate.
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27 October 2023 |
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A work-capacity certificate by a registered practitioner can suffice; short premature medical termination not wrongful if entitlements paid.
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Employment law — termination on medical grounds — wrongful dismissal vs termination — contractual clause requiring six months and a medical report — work-capacity certificate as medical report — damages for wrongful dismissal — Employment Code Act considerations.
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27 October 2023 |
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A purchaser aware of ongoing disputes before obtaining title cannot claim bona fide purchaser without notice.
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Land law — bona fide purchaser for value without notice — constructive and actual notice — prior possession and equitable interest — cancellation of certificate of title — necessity to plead and strictly prove fraud or procedural impropriety — role of Registrar/Ministry and caveats.
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27 October 2023 |
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The court held that failure to dispose within one year does not divest the Industrial Relations Division of jurisdiction; dismissal set aside.
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Industrial and labour law — one-year disposal rule — jurisdiction — purposive interpretation; Order 14A applications — determination on point of law without full trial; costs in Industrial Relations Division — rule 44(1) prohibition unless unreasonable conduct.
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27 October 2023 |
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Failure to verify title at the Lands Registry defeats bona fide purchaser defence; registered title prevails absent proven fraud.
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Land law — registered title — evidential effect of Certificate of Title; bona fide purchaser for value without notice — duty of due diligence and Lands Registry search; sale by personal representative — court authority required; fraud allegations — requirement for particularization and proof.
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27 October 2023 |
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Whether dismissal was substantiated by evidence and whether costs could be awarded under Rule 44.
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Employment law — unfair dismissal — disciplinary and grievance code — proof/substratum of facts required to justify dismissal — court's role vis-à-vis domestic disciplinary tribunals — costs under Industrial and Labour Relations Rules (Rule 44).
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27 October 2023 |
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Failure to charge or hear an employee before dismissal contrary to s.52(3) Employment Code renders the dismissal unfair despite substantive misconduct.
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Employment law — unfair dismissal — mandatory hearing under s.52(3) Employment Code; contractual licence requirement for pilots; procedural breach (failure to charge/hear) renders otherwise justified dismissal unlawful; enhanced damages for high-handed termination.
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26 October 2023 |
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Order for possession inconsistent with earlier judgments set aside; matter remitted to Registrar for assessment and parties restrained from interfering with property.
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Civil procedure — Order 39 High Court Rules — review limited to fresh material evidence discovered since judgment; slip rule cannot introduce fresh evidence on appeal; correction of clerical errors should be sought in the court that made the order; injunctions require reasoned consideration and preservation of status quo pending accounting; remittal to Registrar for assessment.
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26 October 2023 |
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Court cancelled a certificate of title procured by fraud/impropriety and restored the land to the applicant.
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Land law — offer to purchase and acceptance — lapse of offer for non-payment — admissibility and weight of Land Information Management System records — cancellation of certificate of title procured by fraud or impropriety — misrepresentation as sitting tenant — standards for interfering with trial court findings of fact.
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26 October 2023 |
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Bank unlawfully and prematurely restricted customer's account under CDDP, causing liability for the dishonoured cheque.
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Banking law — Customer due diligence — Financial Intelligence Centre Act — CDDP mandatory mitigation period (150 days) — Unilateral account restriction — Reliance on unpleaded contractual clause — Wrongful dishonour of cheque — Damages.
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26 October 2023 |
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A consent judgment is binding and can only be varied or set aside by commencing fresh proceedings, not by a simple application.
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Civil procedure — Consent judgments — binding effect of consent orders — variation or setting aside requires fresh action — deficient reasons in orders — parties bound by terms of consent orders.
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26 October 2023 |
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A purposive reading of the IRD one-year rule does not oust jurisdiction; delayed matters should be reheard, not dismissed.
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Industrial and Labour Relations Act s.85(3)(b)(ii) — one-year disposal rule — jurisdiction — purposive statutory interpretation — delay attributable to court — remittal for rehearing — costs in IRD (Rule 44(1)).
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26 October 2023 |
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The Court declined a stay pending appeal, finding the appeal raised mainly factual issues unlikely to succeed.
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25 October 2023 |
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Whether restructuring or promotion determines calculation of back-pay, and whether acting allowances and overtime were properly accounted for.
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Employment law — assessment of judgment sum — restructuring v promotion — Collective Agreement application — accounting for acting allowances — adequacy of registrar’s reasoning on assessment — overtime calculation (160 v 365 factor) and legitimate expectation.
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25 October 2023 |
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Application for stay of execution pending appeal dismissed for lacking prospects of success and undue prejudice to respondent.
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Civil procedure — Stay of execution pending appeal — Discretionary remedy — Prospects of success on appeal — Prejudice to successful party — Section 9(b) Court of Appeal Act — Relevant authorities: Sonny Paul Mulenga; Carmine and Watson Nkandu Bowa; Zambia Revenue Authority v. Post Newspaper
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25 October 2023 |
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The Local Authorities Superannuation Fund, not the employers, is liable for eligible retirement benefits; Fund joined and matter remitted.
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Pension law — Local Authorities Superannuation Fund Act s28 — entitlement to retirement benefits on retrenchment; joinder of interested party; redundancy payments versus retirement benefits; payroll and post-retrenchment salary increments.
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25 October 2023 |
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A Mareva injunction against the respondent was set aside for material non‑disclosure, abuse of process, and no demonstrated risk of asset dissipation.
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Civil procedure — Mareva (freezing) injunction — requirements: good arguable debt and real risk of asset dissipation — duty of full and frank disclosure — abuse of process where interlocutory freezing order sought despite active appeal dealing with same subject matter — powers of single judge under s.9(b) Court of Appeal Act to be varied by full Court.
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25 October 2023 |
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Court set aside a 30% payment condition and granted a stay pending appeal to protect appellants' proprietary interests.
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Stay of execution pending appeal; conditional stays requiring payment into court; 30% payment as prerequisite; prospects of success and irreparable harm; access to justice; proprietary rights in land and mining interests.
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25 October 2023 |
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Condition precedent in fixed-term contracts prevented automatic renewal; Employment Code did not render termination unlawful here.
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Employment law — fixed-term contracts — condition precedent — renewal by conduct — whether allowing continued work extends contract — applicability/retrospectivity of Employment Code Act 2019 — damages for unfair termination.
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25 October 2023 |
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Challenge to a business rescue resolution under section 22(1) is not barred by the moratorium and may be brought by Originating Summons.
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Corporate Insolvency Act — Business rescue — Sections 21, 22, 25 and 43 — Moratorium not applicable to pre-plan challenges under s22 — Commencement by Originating Summons — Business Rescue Administrator does not automatically replace company as party — Citation of company in its own name.
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23 October 2023 |
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A consent judgment must be challenged by appeal or by fresh action in the court that issued it, not by a fresh High Court action.
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Civil procedure — Consent judgment — Setting aside consent judgment — Remedy by appeal or fresh action — Fresh action to set aside must be brought in the court that sealed the consent judgment; High Court jurisdiction subject to procedural limits.
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23 October 2023 |
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Psychiatric evidence of an atypical seizure disorder met diminished responsibility, reducing murder convictions to manslaughter.
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Criminal law — murder — psychiatric evidence — expert opinion may be relied upon if based on logical inferences — diminished responsibility (s12A Penal Code) — epileptiform/atypical seizure disorder can constitute abnormality of mind — burden and standard for diminished responsibility — appellate substitution to manslaughter (s199).
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21 October 2023 |
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Leave to appeal denied; issues on piercing the corporate veil lacked public importance and stay discharged.
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Appellate procedure — leave to appeal to Supreme Court (s.13(3)) — requirements: point of law of public importance, reasonable prospects of success, compelling reasons; corporate veil — whether piercing raises public law question; procedure — affidavit address defect (form v substance) and curable deviations (Interpretation and General Provisions Act s.47); security for costs must be sought by separate application; Order XIII Rule 5 inapplicable to post-judgment preliminary objections.
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20 October 2023 |
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Appeal succeeds: dismissal for procedural irregularity set aside; late demand letter deemed curable with leave and matter remitted.
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[Defamation] Procedural irregularity — Order 3 r.2 (interlocutory) cannot be used for final dismissal; [Procedure] failure to enter appearance and defence; [Pre-action requirement] Order VI r.1(d) — letter of demand; [Service] service on director treated as service on company; [Curable defects] non-compliance may be curable with leave; [Remittal] matter sent back for rehearing.
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19 October 2023 |
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Retirement in the national interest must state the specific government-policy reason; nondisclosure renders the termination unlawful, limited damages awarded.
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Employment law — Retirement in the national interest — Clause 38(e) and Regulation 29(c) — Requirement to disclose whether retirement is for redeployment outside public service or specific government policy reason — Failure to disclose renders termination unlawful — Reinstatement exceptional; limited damages appropriate.
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13 October 2023 |
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Termination for incapacity held wrongful for failing to give contractual notice; damages limited to one month's pay.
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Employment law — incapacity and sick leave (Employment Code Act s.38) — redeployment vs. termination — contractual notice — measure of damages for wrongful termination — costs under Industrial Relations Court Rules r.44.
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13 October 2023 |
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13 October 2023 |
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Conviction unsafe where prosecutrix’s uncorroborated evidence relied on an improperly admitted police confession.
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Juveniles Act s122(1) — reception of child evidence on oath; Voir dire — no prescribed questions, assessment by answers and demeanor; Criminal Procedure Code — plea procedure and consequences of not retaking plea; Admission of confessions — accused should be asked about objections before production; Corroboration requirement for child evidence — conviction unsafe if corroboration is improperly admitted.
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12 October 2023 |
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Appeal partly allowed: Registrar to assess arrears; trial judge wrong to overrule earlier High Court on aligning rents to US dollar; parties bear own costs.
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Landlord and tenant — determination of standard rent — allocation of valuation costs; assessment of rent arrears — Registrar vs independent assessor; requirement of evidence for damages for loss of business; stare decisis between judges of co-ordinate High Court jurisdiction — prohibition on aligning local rents to foreign currency and effect of statutory instruments.
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11 October 2023 |
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Late, extensive amendments that recast a claim and substitute a party lacking original capacity were refused for prejudice and abuse of process.
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Civil procedure — Amendment of pleadings after trial commencement — Amendment takes effect from original issue date — Substitution of party lacking capacity at commencement — Late amendments that recast the claim and seek to cure cross-examination damage — Lateness, nature of amendment, prejudice and justice as discretionary factors — Costs may be inadequate compensation.
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10 October 2023 |
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Appeal dismissed: no proven extenuating circumstances (provocation/intoxication) to reduce death sentence.
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Criminal law — Murder — Sentence — Extenuating circumstances — Provocation and intoxication — Failed defences — Ballistic evidence linking issued service rifle to fatal shot — Conduct of trained police officer relevant to culpability.
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10 October 2023 |
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Appeal: aggravated robbery conviction substituted to causing grievous harm due to insufficient proof of violence used to effect the theft.
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Criminal law — aggravated robbery — elements: violence contemporaneous with stealing — proof beyond reasonable doubt; identification evidence and inconsistencies in witness statements; substitution to lesser offence (causing grievous harm).
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10 October 2023 |
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Circumstantial and medical evidence sufficed to corroborate commission and identity; conviction for defilement upheld.
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Criminal law — Defilement — Circumstantial evidence — Corroboration of commission and identity — Opportunity as corroboration — Medical evidence confirming vaginal trauma and presence of semen — Reasonable inference of guilt.
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10 October 2023 |
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DPP may appeal findings of fact that lack any evidential basis; appellate court can overturn such credibility findings.
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Criminal law — DPP appeals under s.321A — scope limited to points of law; finding of fact unsupported by evidence is appealable as law (Ng'andu principle) — Appellate interference with credibility findings where trial judge erred in evaluation — Possession of prohibited trophy (ivory) — joint possession inference
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10 October 2023 |
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Allegation of forgery not proved; plaintiff entitled to specific performance and appeal dismissed.
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Contract law — specific performance — equitable remedy available where contract established; Burden and standard of proof — allegations of fraud/forgery must be clearly pleaded and proved on a higher standard; Evidence — mere denial of signature insufficient without forensic or corroborative proof; Transfer of title — claim that seller lacked title fails where forgery allegation not proved.
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2 October 2023 |
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Applications under section 9(b) must be brought within a reasonable time; affidavit paragraphs were factual and not expunged.
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Civil procedure — Section 9(b) Court of Appeal Act — application to vary/discharge single judge decisions must be filed within a reasonable time (no strict 10-day rule); Mareva injunction — setting aside; affidavits in interlocutory proceedings — factual statements and statements of belief permissible; expungement only for truly extraneous or argumentative matter.
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2 October 2023 |
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Whether the respondent fairly discharged the applicant, burden under section 52, sufficiency of particulars, and terminal benefits.
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Employment law — dismissal/discharge — burden of proof under s52 Employment Code; adequacy of particulars/natural justice; procedural irregularities do not invalidate dismissal where dismissible offence established; unpleaded remedies not awarded.
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2 October 2023 |