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Citation
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Judgment date
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| March 2023 |
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The applicant may recover unpaid loan monies by restitution despite an unenforceable mortgage; write-off does not discharge the respondent's debt.
Civil procedure – summary procedure (Order 36 Rule 2) – recovery of loan monies; Restitution – money had and received – unjust enrichment; Mortgage law – unenforceable security for lack of spousal consent does not bar restitution claim; Banking practice – write-off of debt does not discharge borrower’s liability; Interest and costs awarded.
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31 March 2023 |
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Consent at execution based on a garnishee order nisi is unenforceable until the decree is extracted and made absolute.
Civil procedure — Execution — Consent at execution — Garnishee order nisi — Requirement that garnishee order be made absolute before enforcement — Decree must be properly extracted before execution — Section 34 and section 98 Civil Procedure Act.
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30 March 2023 |
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An oral commission agreement alleged in 2017 is unenforceable because contracts over 25 currency points must be in writing.
Contracts Act 2010 s.10(5) — writing requirement for contracts exceeding twenty-five currency points; mandatory application. Sale of Goods and Supply of Services Act 2018 s.5 — not applicable retrospectively to agreements made before commencement. High-value oral commission agreements — unenforceable if they contravene statutory writing requirements. Civil Procedure — dismissal under Order 6 Rule 29 where cause of action is statute-barred.
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30 March 2023 |
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29 March 2023 |
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Court granted interim injunctions protecting lender’s security interests pending arbitration, staying related third‑party claims for six months.
Arbitration – Interim measures by court under s.6 of Arbitration and Conciliation Act – jurisdiction to grant injunctions before/during arbitration; Interim relief – prima facie case, irreparable harm, balance of convenience; Civil procedure – inherent powers to stay third‑party claims pending arbitration; Corporate/Commercial – protection of lender rights in company articles and challenge to purported amendments; Preliminary objections – foreign partnership capacity to sue to be determined at trial not at interlocutory stage.
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29 March 2023 |
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28 March 2023 |
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28 March 2023 |
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Default judgment granted where the defendant failed to apply to appear and defend after proper service under Order 35 r.3(2).
Civil procedure – Summary suit – Service of plaint and summons – Defendant’s failure to apply for leave to appear and defend within prescribed period – Order 35 r.3(2) CPR – Default judgment for claimed amount and costs.
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27 March 2023 |
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Taxpayer failed to prove losses; commissioner lawfully used mark‑up from comparators to assess tax; appeal dismissed.
Tax law – additional assessment – section 23 Tax Procedures Code Act – gross neglect; Tax appeals – burden of proof on taxpayer (s.18) – failure to produce documents; Admissibility – joint scheduling/trial bundle as evidence; Method of assessment – use of mark‑up/industrial average and Commissioner’s discretion; Fair hearing – no prejudice where documents were agreed and admitted.
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24 March 2023 |
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Unilateral termination without contractual grounds and non-payment constituted breach; counterclaimant awarded outstanding sum, damages, interest and costs.
Contracts — construction contract — unilateral termination outside contractual grounds — breach of contract; valuation and joint re-measurement; quantification of outstanding payment; general damages; interest; costs.
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21 March 2023 |
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Registrar erred treating a pending appeal as sufficient cause to refuse arrest; warrants ordered for debtors who frustrated execution.
Civil procedure – execution by arrest under Order 22 R.37 – scope of Registrar’s powers – pending appeal not automatically ‘sufficient cause’ to disallow execution; deprivation of liberty for civil debt permissible where debtor has means or acted in bad faith (concealment/transfer of assets) – procedural safeguards (notice to show cause, examination, reasons recorded).
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20 March 2023 |
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14 March 2023 |
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14 March 2023 |
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Plaintiff failed to prove payment of alleged loan; suit dismissed and costs awarded to defendants.
Contract law – proof of payment; parol evidence rule and its fraud exception; burden of proof in civil cases; interpretation of inconsistent written agreement terms (discount schedule).
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13 March 2023 |
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13 March 2023 |
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13 March 2023 |
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13 March 2023 |
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Interlocutory injunction granted to restrain payment of two performance bonds for unconscionable/abusive calls; three advance bonds not restrained.
Commercial law – Demand/Performance guarantees – autonomy and strict documentary compliance; exceptions permitting injunctions: fraud, illegality, unconscionability; hybrid/conditional vs pure on‑demand bonds; interim relief where call on bond is unconscionable.
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13 March 2023 |
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Applicants’ Mareva and injunction applications refused; limited discovery ordered, broader discovery requests and bankers’ books claim largely denied.
Civil procedure – Mareva/attachment before judgment – stringent requirements; interlocutory injunction – prima facie case, irreparable harm, balance of convenience; Discovery – relevance, proportionality, no fishing expeditions; Evidence (Banker’s Books) Act – applicability limited to ordinary banking records, not supervisory/liquidation acts.
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10 March 2023 |
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Leave to appeal granted but stay of the 30% mortgage-deposit requirement refused as it would circumvent Mortgage Regulations.
Leave to appeal – prima facie arguable grounds; Mortgage Regulations – Regulation 13 deposit requirement for injunctions affecting mortgaged property; applicability where fraud/illegality alleged; constitutionality of Regulation 13 not yet determined; stay of execution refused to avoid circumvention of statutory scheme.
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7 March 2023 |
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3 March 2023 |
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1 March 2023 |
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1 March 2023 |
