Results.
14 judgments found.
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| September 2024 |
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Majority denied leave and stay, holding registration defects curable under the Lands and Deeds Registry Act; dissent would grant leave.
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Court of Appeal — leave to appeal (s.13 Court of Appeal Act) — Lands and Deeds Registry Act (s.5, s.6) — registration of letters of administration — whether non-registration curable by court — extension of time for registration — stay of execution — execution already effected — majority refusal, dissent granting leave.
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30 September 2024 |
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The applicant's refusal to transfer after corporate restructuring did not amount to redundancy or constructive dismissal.
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Employment law — corporate restructuring and acquisition — transfer of rights/obligations; redundancy — when redundancy arises; constructive dismissal — test for breach of fundamental term; contractual interpretation — 'salary review' not inherently an increase; contra proferentem inapplicable where clause clear.
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30 September 2024 |
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18 September 2024 |
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18 September 2024 |
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18 September 2024 |
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Appellant entitled to contractual and statutory accrued service benefits; costs not awarded absent misconduct under Rule 44(1).
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Employment law — accrued service benefits and severance pay — applicability of Employment Code Act s.54(1)(c) from date of enactment; contracts providing more favourable terms prevail (s.127); Industrial Relations Court Rules — Rule 44(1) limits awards of costs to cases of unreasonable, improper or vexatious conduct.
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18 September 2024 |
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17 September 2024 |
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An appeal was dismissed because a late application for extension of time rendered the extension order a nullity, depriving the court of jurisdiction.
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Civil procedure — extension of time — jurisdiction — late application renders extension order a nullity — Court of Appeal lacks jurisdiction — appeal dismissed.
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16 September 2024 |
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Misjoinder upheld where cybersecurity regulator lacked investigatory mandate and no cause of action was disclosed.
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Administrative law — judicial review — misjoinder — necessity to disclose a decision or omission — Cyber Security and Cyber Crimes Act — scope of regulator’s mandate — mandamus — costs.
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12 September 2024 |
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Default judgment set aside where claims against the defaulting defendant were inseparable from claims against other defendants.
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Civil procedure — Default judgment — Multi-defendant actions — Where claims against defaulting defendant cannot be dealt with separately, default judgment should not be entered pending determination of liability against other defendants — Setting aside default judgment: defence on merits and promptness but also avoidance of inconsistent judgments.
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10 September 2024 |
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Writs for service out of jurisdiction must be accompanied by a statement of claim; Registrar’s decisions require appeal under Companies Act.
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Civil procedure — service out of jurisdiction — Order X R16 HCR — Order 6 R1 (SI 58/2020) requires statement of claim with writ — mode of commencement — s341 Companies Act — appeal from Registrar — costs discretion.
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9 September 2024 |
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Court partially upheld property division, excluded unproven borehole and ordered expert valuation of vehicle; cattle award affirmed.
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Matrimonial property division — proof of acquisition during marriage — burden on party alleging asset is matrimonial — appellate restraint on factual findings — valuation and depreciation of assets — appellate judge must not assume valuer's role; expert valuation required — polygamy considered in apportionment.
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4 September 2024 |
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4 September 2024 |
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Court allowed amendment of divorce petition to five‑year separation as permissible update of factual basis to same statutory cause of action.
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Family law — Divorce — Amendment of petition — Whether court may allow amendment to plead five‑year continuous separation accruing after petition — Distinction between amending factual basis within same statutory cause and introducing new cause of action; Rules on amendment (Order 18 R.1, Order III R.2, Matrimonial Causes R.17(2)); Matrimonial Causes Act s.8–9.
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4 September 2024 |