2013

Levy, George Anthony v The General Legal Council

 

Judicial review – Application for leave for judicial review filed out of time - Application to Extend time to apply for leave – Undue delay – Whether there is a decision for the Purposes of judicial review – Whether good reason exists for extension to be granted – Considerations for exercise of court’s discretion to extend time - CPR, 56.2; 56.6(1); 56.6 (2 ); 56.6 (3) 56.6(5).

Tri-Star Engineering Company Limited v Alu-Plastics Limited and Josephs, Pamela and Josephs, Judith

Civil practice and procedure - Freezing order -  Whether discharge of injunction on grounds of non-disclosure or whether injunction not to be continued until trial - Whether good arguable case of breach of trust or breach of contract - Wheher claimant entitled to produce without prejudice correspondence from dependant at ex parte hearing - Whether risk of dissipation of assets - Hardship to  dependant - Whether order just and convenient in all circumstances.

Tri-Star Engineering Company Limited v Alu-Plastics Limited and Josephs, Pamela et al

Application for stay of proceedings - Section 5 Arbitration Act - Whether fact that claim made against directors of company in addition to company should prevent referral - Affidavit evidence allowed after matter heard and judgment reserved to deal with readiness and willingness to proceed at time of commencement of proceedings - What proof required of readiness and willingness - Stage dispute/breakdown had reached with parties relevant - Whether good reason not to refer to arbitration.

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