Results.
62 judgments found.
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| January 2018 |
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31 January 2018 |
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31 January 2018 |
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31 January 2018 |
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31 January 2018 |
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31 January 2018 |
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30 January 2018 |
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Default judgment set aside under Order 20(3) as proposed defence disclosed triable issues; defendant ordered to pay costs.
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Civil procedure — setting aside default judgment — Order 20 r.3 — requirement to show reasonable explanation for non‑appearance — proposed defence discloses triable issues — costs awarded.
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30 January 2018 |
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30 January 2018 |
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30 January 2018 |
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30 January 2018 |
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30 January 2018 |
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30 January 2018 |
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30 January 2018 |
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Whether a mortgage action is dismissible as duplicative when a prior counterclaim was later discontinued.
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Civil procedure — multiplicity/duplicity of actions — Section 13 High Court Act; Order 14A(1) White Book — counterclaim as separate action — discontinuance may cure multiplicity — distinct transactions and parties required for dismissal.
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29 January 2018 |
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29 January 2018 |
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29 January 2018 |
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29 January 2018 |
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29 January 2018 |
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29 January 2018 |
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29 January 2018 |
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29 January 2018 |
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26 January 2018 |
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26 January 2018 |
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26 January 2018 |
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25 January 2018 |
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25 January 2018 |
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25 January 2018 |
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25 January 2018 |
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25 January 2018 |
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25 January 2018 |
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25 January 2018 |
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24 January 2018 |
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A Mareva injunction was justified where the applicant showed real risk of the respondent dissipating diverted contractual proceeds.
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Mareva injunction; interlocutory freezing order; test — debt due and real risk of dissipation; diversion of proceeds; ex parte injunction to subsist pending trial.
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24 January 2018 |
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24 January 2018 |
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24 January 2018 |
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23 January 2018 |
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23 January 2018 |
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23 January 2018 |
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Applicant validly converted staff loan to commercial terms; respondent defaulted; judgment entered and foreclosure authorised.
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Mortgage enforcement — Conversion of staff loan to commercial terms permitted by facility agreement — Variation of interest rates and notification by clause — Statement of account and banker's duty to disclose — Non‑retrospective application of Banking and Financial Services Act 2017 — Foreclosure and sale on default.
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23 January 2018 |
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Bank validly commercialised staff loan with contractual notice of interest variation; defendant in default and mortgage enforcement ordered.
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Mortgage law — conversion of staff loan to commercial terms on termination — contractual notice of interest variation — adequacy of statements of account — foreclosure remedy — non-retrospectivity of Banking and Financial Services Act 2017.
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23 January 2018 |
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22 January 2018 |
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22 January 2018 |
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22 January 2018 |
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18 January 2018 |
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Bank entitled to foreclosure where borrower remained in default; overdraft for arrears did not bar enforcement.
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Mortgage law — default and foreclosure — overdraft to cover arrears does not necessarily restructure or refinance original loan; contractual right to demand full payment on default; equitable right of redemption; foreclosure, possession, sale and Registrar-executed transfer under Section 14.
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17 January 2018 |
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An ex-parte injunction granting unpleaded relief is irregular and may be discharged; defective affidavits are curable and must be refiled.
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Civil procedure — Ex parte injunction — order containing relief not prayed for — irregularity and abuse of process — Affidavit in Reply containing legal argument, law and conclusions contrary to Order 5 rules 15 & 16 — regulatory breach curable — court’s discretion to set aside ex parte orders; Order 3 r.2 limited to court’s power, not party expansion of relief.
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17 January 2018 |
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17 January 2018 |
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16 January 2018 |
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16 January 2018 |
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16 January 2018 |