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Citation
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Judgment date
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| July 2011 |
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Interim injunction granted where defendants' defences of justification and fair comment lacked realistic prospects of success.
Defamation — interim injunction — Bonnard v Perryman rule against prior restraint — defences of justification and fair comment — Defamation Act ss. 6 & 7 (particulars and statutory defences) — American Cyanamid principles and balance of convenience — adequacy of damages.
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31 July 2011 |
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Whether reimbursements under the UN MOU belonged to the applicant soldiers or to the respondent government; court held for respondent.
Peacekeeping allowances — Memorandum of Understanding — 'reimbursement' payable to State (Government) — contingent personnel not parties to MOU — entitlement limited to allowances paid directly by mission — consent judgments/administrative practice not binding precedent.
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25 July 2011 |
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Poaching and a struggle leading to a firearm discharge caused death; malice not proved so manslaughter convicted.
Criminal law — murder v. manslaughter; causation under s.207(e) Penal Code; malice aforethought s.204; firearm discharged during struggle; no-case-to-answer doctrine; identification parade and ballistic evidence.
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24 July 2011 |
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A winding-up order obtained amid improper service and non-advertisement may be reviewed and reversed.
Company law – Winding-up – Procedural irregularities (improper service; failure to advertise) – Rule 51 of Companies (Winding-Up) Rules 2004 – s.296(1) Companies Act – Review jurisdiction under Order 39 – Premature taxation of costs (Order 62, Rule 8).
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21 July 2011 |
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Alleged fraudulent misrepresentation must meet an elevated civil standard; clear written sale agreements prevail over extrinsic evidence.
Contract law — fraudulent misrepresentation — Misrepresentation Act s.2 inapplicable where fraud alleged; civil standard for fraud elevated; parol evidence rule; certificate of title required for proof of legal ownership.
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20 July 2011 |
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An Order 26(1) interim attachment is a pre‑judgment remedy and cannot be obtained after judgment; plaintiff’s application dismissed.
Interim attachment of property; Order 26(1) High Court Act; pre‑judgment remedy only; requirement to show intent to obstruct/delay execution; prerequisite demand for security; ex parte order discharged.
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19 July 2011 |
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Joinder refused: purchaser’s claim against vendor not necessary to adjudicate plaintiff’s specific performance claim.
Civil procedure — Joinder of parties — Order 15 rule 6(2)(b)&(3) — Whether intended intervenor is necessary to adjudicate matters in dispute — Specific performance claim — Purchaser’s duty to inquire where caveat exists — Separate remedy against vendor.
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17 July 2011 |
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Applicant failed to prove real risk of asset dissipation; ex parte Mareva injunction discharged and application dismissed.
Mareva (freezing) injunction — requirements: debt and real risk of dissipation; foreign company status insufficient alone; duty of full and frank disclosure in ex parte applications; Order 29 r.1A permits cross‑examination of asset affidavits but does not authorize ordering filing.
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12 July 2011 |
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Winding-up petition dismissed for unreasonable delay and absence of a prima facie case under Companies Act s.271(3)(b).
Companies Act — Winding-up petition — Unreasonable delay and failure to prosecute — No prima facie case under s.271(3)(b) — Security for costs under s.271(3)(a) — Conditional leave to appeal.
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12 July 2011 |