Results.
6 judgments found.
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| November 2004 |
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Whether employees' redundancy and wrongful-termination claims against a company in receivership disclose triable issues or are plainly untenable.
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Companies law — Receivership and preferential payments; Civil procedure — Strike out under Order 18, Rule 19; Reasonable cause of action; Triable issues; Redundancy and wrongful-termination claims against company/receivers.
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25 November 2004 |
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Conditional correspondence did not revive a time‑barred claim; prior leave required to sue after appointment of a provisional liquidator.
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Limitation of actions — acknowledgement of debt — conditional correspondence does not revive time‑barred claims; Companies Act s.281 — provisional liquidator — prior leave required to commence or proceed with actions against the company; Procedural duty — plaintiff must obtain leave before suing liquidated company.
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4 November 2004 |
| October 2004 |
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Court found first defendant procured title by fraud, set aside titles and ordered possession returned to the plaintiffs.
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Succession and estate administration — inclusion of partially-paid government house in Will; validity of Local Court letters of administration where testator left a Will; fraud in procurement of administration orders and state title; nemo dat quod non habet — purchaser/mortgagee cannot acquire better title; cancellation of Certificates of Title under Lands and Deeds Registry Act; declaratory relief and possession; damages assessment.
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6 October 2004 |
| August 2004 |
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Applicants failed on judicial review: tribunal’s finding of unauthorized conversion under section 4(d) valid; no breach of natural justice.
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Administrative law — judicial review limited to process not merits; Parliamentary & Ministerial Code — section 4(d) converting government property; Illegality and irrationality standards; natural justice and admissibility of complainant’s investigative statements.
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30 August 2004 |
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Court ordered substitution of the representative defendant and permitted substitution of contemnors under inherent jurisdiction, excluding immune and deceased persons.
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25 August 2004 |
| March 2004 |
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High Court lacks jurisdiction over matrimonial property from a customary marriage dissolved in a Local Court absent transfer or appeal.
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Family law — matrimonial property — customary marriage dissolved by Local Court — High Court jurisdiction — English divorce law governs High Court matrimonial causes — transfer or appeal required for High Court jurisdiction
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6 March 2004 |