2021

Civil procedure - Application to strike out - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order make it unjust to strike out claim.

Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.

Application for Interlocutory Injunction – Alleged copyright infringement-Whether distribution agreement lawfully terminated - Whether damages an adequate remedy - Whether balance of convenience favours the grant rather than the refusal of an interlocutory injunction.

Proceeds of Crime Act - Customer Information Order - Whether reasonable grounds to suspect offence has been, is being, or is about to be committed - Applicable test.

Proceeds of Crime - Whether defendant has benefited from criminal conduct – Meaning of benefit - Whether cocaine is a benefit under Proceeds of Crime Act – Whether seizure of cocaine means there is no benefit.

Application for Interim Injunction – Factors to be considered in granting Interim
Injunction — Serious issues to be tried - Whether damages are an adequate remedy
– American Cyanamid test

Revenue Law - General Consumption Tax Act - Part V First Schedule - General Consumption Tax Regulations - Regulations 14 (7) (a) and (b) - Hotel Incentives Act - Fiscal Incentives (Miscellaneous Provisions) Act.

Judicial review – Claim for judicial review – Availability of remedy – Certiorari – Wrongful dismissal of dean of discipline – Natural justice – Rules of natural justice not observed in dismissal procedure – Claimant not allowed to call witnesses at the hearing in the dismissal procedure – Whether an order of certiorari should be granted – The Education Regulations, 1980, regulations 55, 56, 57, 59, 61, 62 and 89