2013

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.

Baker, Milton v The Commissioner of FINSAC Commissioner of Enquiry Warwick Bogle and The Commissioner of FINSAC Commission of Enquiry Charles Ross

 Judicial review - application for leave to apply for judicial review - Mandamus- Commission of enquiry - Commissioners failing to submit report on completion of enquiry - Legitimate expectation - Delay - Test to be applied for leave - Whether applicant satisfies the test for leave to be granted - The Civil Procedure Rules 2002 (the CPR), 56.2 (1); 56.2 (2); 56.3 (3); 56.6 (1); - The Commissions of Enquiry Act, ss. 2 ,5, 7, 10 & 13.

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