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Citation
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Judgment date
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| January 2013 |
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Registrar lawfully convened special general meeting; applicants' challenge dismissed for lack of merit and missing particulars.
Co‑operative law – Registrar’s power under s.22(7) and reg.21(4) to convene special general meeting; bye‑laws vs statute; judicial review – certiorari and prohibition; natural justice – right to be heard; requisites for damages in judicial review (particulars).
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31 January 2013 |
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Court allowed oral application for leave to appeal where a preliminary point of law appeared to go to the root of the review.
Judicial review – preliminary objection – whether points of law must be pleaded – interlocutory leave to appeal – oral applications for leave – prima facie/arguable grounds – emphasis on substantive justice.
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29 January 2013 |
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Event cancellation policy did not cover artist no-show; insurer justified in refusal; broker breached notification duty but only nominal damages awarded.
Insurance law – scope of cover: distinction between event cancellation and non-appearance (no-show) extensions; proposal form left blank; construction of policy and schedule. Broker duties – duty of care to procure requested cover and to transmit claim notices; agent relationships and obligations. Notice – validity of notice by insured’s legal representatives; obligation to forward claim within policy notification period. Remedy – nominal damages where broker breached notification duty but insured’s policy did not cover the loss.
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28 January 2013 |
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Temporary injunction refused where prima facie case existed but no irreparable harm and damages were adequate.
Commercial law – Interim injunctions – preservation of status quo – applicant established prima facie case but failed to show irreparable harm – damages adequate – balance of convenience favours registered proprietor subject to mortgage; bona fide purchaser and Registration of Titles Act issues considered.
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25 January 2013 |
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An inconclusive consent arbitral award requiring future agreement cannot be enforced by mandamus to halt a statutory privatisation; application dismissed.
Arbitration – consent arbitral award – whether final or interim – enforceability under s36 Arbitration and Conciliation Act; Arbitration – correction/interpretation/additional award under s33; Administrative law – mandamus/prohibition – limits where relief seeks enforcement of private contractual obligations; Public law – privatisation under Public Enterprises Reform and Divestiture Act – statutory mandate and scope for judicial interference; Constitutional law – article 119 (AG consent) and article 244 (mineral ownership) issues raised but relief inappropriate on facts.
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25 January 2013 |
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Plaintiff’s large customs refund claim time‑barred under EACCMA s144; partial refund granted with statutory interest.
Customs law — EACCMA s144(1)(b) and (2): refund for duties paid in error subject to 12‑month limitation; classification rulings and consent decrees do not revive time‑barred refund claims; EACCMA s249: statutory interest on refunds payable to taxpayer.
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24 January 2013 |
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A suit challenging a consent judgment confirmed on appeal was barred by res judicata; unpleaded fraud could not avoid the bar.
Civil procedure – res judicata – whether subsequent suit challenging a consent judgment is barred where issues were previously adjudicated and confirmed on appeal; consent judgments – effect and finality; fraud – requirement to plead particulars and strict proof; execution of decrees – inability to execute superseded decree, liberty to execute later consent decree.
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23 January 2013 |
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Applicant entitled to insured value and medical expenses; respondent failed to prove deliberate fire and fraud.
Insurance law – comprehensive motor insurance – alleged fraudulent claim by insured; burden and standard of proof for fraud; admissibility and weight of fire investigation reports; consequential loss not recoverable absent specific cover; interest and costs awarded.
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22 January 2013 |
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Defendant fraudulently diverted loan funds, breached an undertaking to repay, and is liable for special and general damages and costs.
* Civil law – Fraud and breach of contract – diversion of loan funds by person acting as agent/recipient – admissible documentary and oral evidence; * Contract – undertaking to assume loan obligations – effect of failure to repay; * Remedies – award of special and general damages and costs.
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22 January 2013 |
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Informer rewards are taxable income, but an agency notice issued before the 45‑day due date was unlawfully issued.
Tax law — Informer/whistleblower rewards — chargeable gross income; Income Tax Act ss.15,17,58 — rewards includable as income. Tax procedure — agency (third‑party) notice under s.106 — requirements that tax be due and not in dispute; s.103(1)(b) 45‑day due date; premature agency notice unlawful; s.98(3) cannot cure substantive non‑compliance.
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21 January 2013 |
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Company may sue for rights acquired from its director, but an unprotected idea alone does not ground breach of confidence.
Confidential information – breach of confidence – ideas versus protectable technical information; corporate capacity – company may acquire rights originating with directors; evidence requirement – need identifiable, original, proprietary technical material to ground breach of confidence claim.
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21 January 2013 |
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A regulatory authority that impounds and controls a vehicle assumes a duty of care and may be liable for resultant loss.
Tort — Negligence: duty of care assumed where public authority’s agents impound and control a private vehicle; enforcement powers must be statutory; special damages must be specifically pleaded and strictly proved; appellate re-evaluation of quantum; interest and costs adjustments.
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21 January 2013 |
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Bill of lading consigned to the financier conferred legal title; URA’s registration of the importer was unlawful; sale was voidable.
Bill of lading as document of title; consignee named "to the order of" holds legal title; vehicle registration requires owner application under Traffic and Road Safety Act; URA's registration in importer’s name unlawful where bill of lading vests title in financier; sale by seller with contractual restriction is irregular but may be lawful and can be voidable; financier’s contractual lien enforceable; remedies include cancellation of registration, declaration of ownership, damages and enforcement procedures.
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11 January 2013 |
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Additional assessments under s97(2) upheld as not time‑barred; tax for period to 30 June 2002 waived under Finance Act 2008.
Tax law – time limits for assessments – sections 95, 96 and 97 Income Tax Act – discovery of new information – effect of audit and allocation proposals on reopening self‑assessments; Finance Act 2008 s.4 – waiver of tax arrears to 30 June 2002; remedy – vacatur of assessments for waived period and direction to issue revised assessments; costs apportionment.
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11 January 2013 |
