Results.
7 judgments found.
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| December 2020 |
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Trustee's contractually limited role and the exchange's statutory remit precluded liability for the investor's losses.
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Securities law — note trustee duties under Trust Deed — contractual limitation of monitoring; Guarantee cancellation by issuer notice; securities exchange obligations rest with issuer; requirement of SEC approval for exchange rules; no piercing of corporate veil.
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15 December 2020 |
| October 2020 |
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Restructured loan enforceable; excessive interest reduced; unregistered land charge void; debtor ordered to pay recomputed balance.
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Restructured loan governs rights; debtor bears burden to prove payments; Money-Lenders Act caps interest (48%); unlawful/usurious interest substituted; land charge void without registration; MPSI Act requires proof of ownership/registration for movable security.
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29 October 2020 |
| September 2020 |
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Court confirmed a varied Mareva injunction pending appeal but declined it as originally drafted, finding no solid current risk of dissipation.
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Mareva injunction; freezing order; ex parte duty of full and frank disclosure; variation/discharge of interlocutory injunction; 'real risk' of asset dissipation; ordinary‑course‑of‑business exception; post‑judgment relief pending appeal; foreign defendant and enforcement risk.
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22 September 2020 |
| August 2020 |
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Receiver appointed by equitable execution; injunction confirmed; instalment payment application dismissed for inadequate financial disclosure.
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Equitable execution — appointment of receiver where ordinary execution is ineffective; ancillary interim injunction — confirmation; payment by instalments — burden of full financial disclosure; exhaustion of remedies not strictly required if just and convenient.
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20 August 2020 |
| April 2020 |
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Whether domiciliation of contract proceeds bound the purchaser and whether guarantors remained liable for the loan.
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Banking and contract law — trade loan facility, domiciliation of contract proceeds — whether domiciliation/assignment discharged borrower’s liability or bound third party — enforceability of personal guarantees — privity of contract.
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23 April 2020 |
| January 2020 |
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A company in receivership cannot sue except through its receiver; failure to do so renders the action null and void.
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Company law — receivership — locus standi — only the receiver can sue or defend for a company in receivership; nullity ab initio. Civil procedure — abuse of process, duplicity of actions, forum shopping
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Companies Act s281 — leave to sue in liquidation contexts
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28 January 2020 |
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Whether the respondent validly increased rent by notice and lawfully distrained; agency and tenant's liability.
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Agency — conduct and correspondence establishing agency; tenancies — tenancy at will and reliance on unexecuted lease; contract — validity of rent increase by notice; distress — lawfulness of warrant for rent arrears; remedies — quantification and enforcement of distraint.
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16 January 2020 |