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Citation
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Judgment date
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| December 2010 |
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Absence of formal Master’s consent under s 120 meant the sale never became operative; specific performance was refused.
Administration of estates — s 120 consent of Master required for sale of estate property — preliminary Master’s report indicating willingness to regularize is not formal consent — condition precedent unfulfilled — agreement not enforceable — specific performance refused
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28 December 2010 |
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Landlord breached roof-repair obligation (internal gutters), but tenant failed to prove damages and rental shortfall remained unquantified.
Lease law – landlord’s duty to keep roofs in repair – internal box gutters part of roof – breach of lease; Damages – plaintiff’s breach established but tenant failed to prove quantum for loss of profits; Rent abatement clause – partial loss of beneficial occupation and effect on recoverable arrears; Procedure – absolution from the instance where quantum or cause of action inadequately proved
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28 December 2010 |
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Prolonged evasion of arrest established flight risk, justifying denial of bail; appeal dismissed.
Bail — flight risk — evasion of arrest — onus on accused to show bail will not compromise ends of justice; reliance on S v Hussey.
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28 December 2010 |
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Registered transferee for value prevails where seller failed to comply with statutory notice for cancelling an instalment sale.
Property law — Instalment sale — Seller’s cancellation — s 8 Contractual Penalties Act — failure to give statutory notice — double sale — bona fide purchaser for value — knowledge and fraud — laches; provisional spoliation confirmed
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14 December 2010 |
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Applicants barred by res judicata from enforcing part of a single turpious property transaction.
Property law – multipart sale agreements – illegality intended to evade Stamp Duties Act and capital gains tax – integration of agreements – severability of illegal contract parts – res judicata; civil procedure – finality of judgment
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14 December 2010 |
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Resolution to evict invalid where trustees acted beyond their Deed-prescribed terms; court dismissed the eviction claim.
Trusts — trustees’ term limits and validity of acts — point of law may be raised at any stage — appointments by invalid trustees void — court’s power to appoint trustees under statutory provisions — invalidity of eviction resolution.
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14 December 2010 |
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Wife’s application for custody of mentally incapacitated husband refused; access granted pending resolution and curator bonis retains responsibilities.
Mental incapacity of adult spouse – custody vs access; Curator bonis powers and effect on person and property; Interim relief principles – best interests of incapacitated adult; Burden to show capacity to care
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12 December 2010 |
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Reinstatement without seven days’ notice breached court rules; the resulting default judgment was set aside and costs awarded.
Review procedure – rule 256 – decision-maker must be cited and served; Magistrates Court Rules Order 9 r 2(3) – seven days’ notice for trial/reinstatement – failure renders reinstatement and ensuing default judgment unreasonable and reviewable; professional ethics – counsel should not depose to affidavits and then appear to argue same; improper approach to magistrate in absence of opposing party ('snatching at judgment')
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7 December 2010 |
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Summary judgment dismissed: unliquidated damages, non-payment by undeposited cheque, and bona fide defence precluded summary relief.
Civil procedure — Summary judgment — Availability where claim includes unliquidated damages — Amendment/severance of summons — Payment by cheque not deposited — Specific performance — res judicata
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7 December 2010 |
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High Court will not re-hear Rent Board eviction determinations; appeals lie to the Administrative Court under Rent Regulations.
Rent law — Rent Board eviction certificate — Registration and enforcement in High Court — Limits on High Court review — Appeal to Administrative Court under Reg 35 — Statutory tenancy and procedural defences
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1 December 2010 |