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Citation
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Judgment date
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| February 2023 |
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Stay of execution denied where appellant failed to show realistic prospects of success, substantial loss, or provide security.
Civil procedure – Stay of execution pending appeal – Order 43 r.4(3) – requirements: notice of appeal, unreasonable delay, likelihood of success, imminent execution, nugatory appeal, substantial loss, security for due performance – balancing of convenience.
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27 February 2023 |
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Arbitrator’s jurisdiction upheld where parties effectively varied arbitration agreement by signed form and conduct; late challenge dismissed.
Arbitration – Kompetenz-Kompetenz – tribunal’s power to decide its own jurisdiction; limited judicial review under section 16(6). Arbitration clause variation – variation by written communication and conduct; informal variation enforceable where consent clear. Company authority – implied/ostensible authority of director to bind company. Timeliness and waiver – late jurisdictional challenges may be barred by participation, waiver or estoppel. Institutional appointment – parties’ consent can vest an institution with power to administer and appoint arbitrators.
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27 February 2023 |
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Applicant's trademark infringement and passing off claims dismissed; marks are distinguishable and 'CLUB' is generic.
Trade marks – infringement – likelihood of confusion; Part A registrations and s.36(5) – co-existing marks; Generic/descriptive elements – 'CLUB' and 'Premium Gin'; Passing off – requirement of goodwill, misrepresentation and damage; Numeric distinction (One vs 5) as distinguishing feature.
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24 February 2023 |
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22 February 2023 |
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Bank failed to prove ATM withdrawals were authorised; must refund the sum, pay interest, damages and costs.
Banking law – unauthorised ATM debits; banker–customer contractual duties; burden of proof on bank to prove customer authorisation; duty to investigate (CCTV, reports); remedies – restitution, interest, general damages; exemplary damages denied.
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21 February 2023 |
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21 February 2023 |
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A pending appeal does not automatically preclude execution; committal requires evidence of means and bad faith, not mere pending proceedings.
Execution — Committal to civil prison — Order 22 r.37 CPR — Appeal does not automatically stay execution — Ability to pay, concealment, bad faith and procedural safeguards required before committal.
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20 February 2023 |
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Applicant failed to prove a bona fide triable issue in a summary lease debt suit; summary judgment awarded for the respondent.
Civil procedure – Summary procedure (Order 36) – Requirement for leave to appear and defend: defendant must show a bona fide triable issue or plausible defence; mere denials insufficient. Inherent powers – Court exercised section 98 to hear an out-of-time application. Summary judgment – liquidated sum recoverable where no evident defence; interest and costs awarded.
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17 February 2023 |
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Applicant failed to prove a bona fide triable issue or payments; leave to defend refused and summary judgment entered for the plaintiff.
Civil procedure – Order 36 leave to appear and defend – Defendant must show bona fide triable issue or plausible defence by evidence, not vague denials. Summary judgment – liquidated claims – burden to show real dispute as to amount or need for account. Inherent jurisdiction – court may hear late-served applications in interest of justice to avoid multiplicity of proceedings.
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17 February 2023 |
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Termination of arbitral proceedings under s32 is an order, not an award; court referred the dispute to arbitration and dismissed the suit.
Arbitration law – termination of arbitral proceedings under section 32(2)(c) and (3) – termination order is not an arbitral award.* Civil procedure – reference to arbitration under section 98 where valid arbitration clause exists.* Limitation – where arbitration not finally determined, court need not decide time-bar issue.* Enforcement/appealability – distinction between arbitral termination order and final award.
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17 February 2023 |
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Whether the applicant proved overpaid motor-vehicle benefit tax and when 35% depreciation applies.
Tax law – Employment income – motor vehicle benefit – computation under paragraph 3, 5th Schedule (20% x A x B/C – D) – market value, days of private use, employee payments (D). Evidence – burden on taxpayer to prove overpayment; employer estimates may suffice where credible and supported by context even absent mileage logs. Statutory interpretation – Income Tax (Amendment) 2017 – 35% reducing-balance depreciation applies prospectively with effect from the year ending 30 June 2018 (i.e. from 1 July 2018). Civil procedure – timing of preliminary objections: must be raised at earliest opportunity (mention/scheduling).
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17 February 2023 |
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17 February 2023 |
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15 February 2023 |
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15 February 2023 |
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14 February 2023 |
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14 February 2023 |
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A conditional stay of execution was granted to prevent substantial loss pending appeal, subject to security for costs.
Civil procedure – stay of execution – conditions for grant – substantial loss – timeliness – security for due performance – discretion of the court – school property – interests of third parties.
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7 February 2023 |
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Court dismissed application to restrain guarantee calls pending arbitration, finding no manifest fraud or irreparable harm.
Arbitration Act s.6 – ancillary interim measures; Demand/performance guarantees – autonomy principle; exceptions: fraud, illegality, unconscionability, negative contractual stipulations; Injunctive relief pending arbitration – prima facie case, irreparable harm, balance of convenience; High threshold required to restrain bank payment under on‑demand guarantees.
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1 February 2023 |
