|
Citation
|
Judgment date
|
| November 2017 |
|
|
Civil Procedure
|
27 November 2017 |
|
Whether an association's exclusion from an exclusive terminal rank constituted unlawful interference or negligent misrepresentation.
Tort—unlawful means causing loss; procuring breach of contract; association’s contractual exclusivity with third party; duty of care of an association to members; negligent misrepresentation by non‑disclosure (positive assertion required).
|
17 November 2017 |
| October 2017 |
|
|
Lease promises to permit private commercial development within a national park were invalid; the Crown cannot fetter future statutory discretion.
National parks – scope of permissible development under National Parks Ordinance; Crown contracts – inability to fetter future executive/statutory discretion; invalidity of contractual promises to grant statutorily regulated development permission; requirement of statutory process to alter park boundaries; remedies where contractual promise procures an unlawful development.
|
18 October 2017 |
| September 2017 |
|
|
Commission entitled to hold a Code of Conduct inquiry despite prior referral and delay absent evidence of prejudice.
Integrity Commission — distinction between investigation and statutory inquiry — no functus officio from referring matter to prosecutors — no statutory bar to subsequent Code inquiry after criminal proceedings unless statutory time-bar or undertaking exists — delay alone insufficient to quash inquiry absent prejudice — separation of investigative and adjudicative functions.
|
13 September 2017 |
|
Administrative Review
|
13 September 2017 |
|
Court granted summary and default judgment: guarantor’s defences were incredible; counterclaim struck out for lack of particulars.
Banking law – Guarantees and security; Summary judgment – defendant must show fair/reasonable probability of a credible defence; Guarantee covering present and future liabilities; Misrepresentation by silence – burden and credibility; Pleading requirements – particulars required for allegations of fraud/negligent misrepresentation; Default judgment for failure to file defence.
|
4 September 2017 |
| July 2017 |
|
|
Applicant must indemnify innocent third parties for compliance costs, but adversarial challenges attract reduced cost recovery.
Norwich Pharmacal/disclosure orders; preservation orders; costs of innocent third parties; application of Totalise principles to preservation orders; limits where third party takes adversarial stance; trustees' indemnity for unsuccessful jurisdictional challenges.
|
26 July 2017 |
|
The Declaration created no valid TCI trust: no legal transfer occurred and no beneficiaries were identified.
Trusts — validity and constitution — requirement of legal transfer of trust property to trustee; unincorporated entity cannot hold legal title — beneficiary principle — private trust void if no ascertainable human beneficiaries — estoppel not to preclude preliminary judicial determination of trust validity.
|
17 July 2017 |
|
Ex parte wardship granted where respondent’s secret removal of the child abroad constituted abduction, justifying return proceedings.
Wardship — Child removal from jurisdiction — Surreptitious obtaining of passport and secret departure — Conduct comparable to parental abduction — Ex parte relief justified to protect child’s welfare — Return proceedings permissible.
|
14 July 2017 |
| June 2017 |
|
|
|
30 June 2017 |
|
A winding-up petition was stayed because a reasonable buyout offer existed and the petitioner unreasonably refused the alternative remedy.
Companies law – just and equitable winding up – minority shareholder excluded from management – availability of alternative remedy by buyout – abuse of process. Company valuations – independent expert valuation as basis for reasonable buyout offer. Procedural remedy – stay of petition to permit buyout by agreed independent expert; dismissal upon completion.
|
15 June 2017 |
|
Costs
|
13 June 2017 |
| May 2017 |
|
|
The successful applicant recovered standard costs; indemnity costs denied as the respondent's honest mistaken defence did not meet the high threshold.
Costs — successful plaintiff entitled to costs — indemnity costs require culpability or utterly unreasonable conduct — honest but mistaken defence insufficient; statutory interpretation — meaning of "hotel licence" in Regulations; assessment of public-interest/test-case character for costs.
|
31 May 2017 |
|
Court awards 2% on general damages and local short-term deposit rates on special damages, rejecting the statutory post-judgment rate.
Damages — Pre-judgment interest — statutory post-judgment rate inappropriate — general damages: 2% from date of writ — special damages: interest based on local short-term deposit rates (full rate where loss arose shortly after accident) — use local bank rates rather than UK Special Investment Account rates.
|
11 May 2017 |
|
Leave granted to serve foreign defendants where serious issues exist and Turks and Caicos is the appropriate forum.
Service out of jurisdiction — application under Order 11/0.11 — requirements: serious issue to be tried; good arguable case that claim falls within jurisdictional gateways (r 1(1)(c), r 1(1)(v)); forum conveniens — Turks and Caicos clearly appropriate forum — claims of breach of fiduciary duty, knowing receipt and dishonest assistance relating to transfers of TCI company assets.
|
3 May 2017 |
|
Application to restrain mortgagee’s sale dismissed for lack of exceptional circumstances and no undertaking in damages.
Civil procedure – interlocutory injunction – application to restrain mortgagee’s power of sale – American Cyanamid principles applied. Mortgages – undertaking in damages – McLeod v Jones rule requiring payment into court of amount claimed by mortgagee before relief. Mortgages – sale at undervalue – mere assertion insufficient; mortgagee need only obtain best price reasonably obtainable at date of sale. Remedies – damages ordinarily adequate where undervalue alleged; injunction only in exceptional circumstances. Property law – restriction on sale to Belongers does not preclude exercise of power of sale under charge.
|
3 May 2017 |
| April 2017 |
|
|
A defendant successful after rejected settlement offers is not entitled to indemnity costs absent moral turpitude or highly unreasonable conduct.
Costs indemnity v standard; Order 62 r 3(4); high threshold for indemnity costs (moral turpitude or highly unreasonable conduct); relevance of CPR Pt 36 and payments into court; settlement offers and timing.
|
24 April 2017 |
|
Petition was not frivolous; challenge to Voter's List arguable, but unproven allegation of improper motive warranted a 30% costs award to other respondents.
• Election law – costs – petitioner not frivolous where challenge to Voter's List under s.80 of Elections Ordinance was arguable.
• Election law – decision by lot – ground challenging lot had no merit.
• Public officers – imputations of improper motive unsupported by evidence attract adverse costs consequences.
• Costs – proportionality and public interest in election challenges; partial costs order (30%) against petitioner for unsubstantiated imputation.
|
24 April 2017 |
|
Civil Procedure
|
20 April 2017 |
|
Court found defendant liable to repay $11,000; awarded post-judgment interest and proposed pre-judgment interest pending submissions.
Civil law – Money had and received/loan – whether payment was $11,000 for purchase or $6,000 loan; credibility of witnesses; fabricated receipt effect; discretionary award of pre-judgment interest under s.19(2) CPO; post-judgment interest under s.20(1) CPO.
|
13 April 2017 |
|
Proprietary claim against local entities is not referable to arbitration; stay application refused.
Arbitration clause – scope and applicability; proprietary claim vs. contractual remedies; stay of proceedings; waiver by steps in proceedings; jurisdiction clause permitting enforcement where assets located.
|
5 April 2017 |
| March 2017 |
|
|
Settlement barred claims arising from the 4 March incident; proven assaults did not attract vicarious or employer liability, claim dismissed.
Employment torts – alleged workplace assaults and bullying on board yacht – settlement releasing claims from specified incident – admissibility and effect of compromise; vicarious liability for intentional wrongs – close connection test (Lister/Bazley/Catholic Child Welfare); employer’s duty to provide safe system of work and protection from bullying (Wilsons & Clyde, Waters, Baker v Quantum) – causation, reasonableness of employer response; credibility and contemporaneous evidence.
|
30 March 2017 |
|
The applicant bank entitled to indemnity for sums paid under retention bonds; implied undertaking and summary judgment granted.
Banking law – Retention bonds – payment by bank as surety – implied indemnity by principal. Civil procedure – Summary judgment – establishment of prima facie case and leave to defend. Insolvency/charges – Debenture – continuing security not discharged by letter to Receiver. Set-off and account – speculative counterclaims and unrelated litigation do not defeat summary judgment.
|
28 March 2017 |
|
Applicant failed to prove lack of other assets; court refused variation of restraint order for living, strata and child expenses.
Proceeds of Crime – Variation of restraint order – Applicant’s burden to prove no other assets and provide full, cogent disclosure – Third‑party affidavits require documentary corroboration – Preservation of restrained assets for possible confiscation – Release for living expenses, strata arrears or child education refused where evidence insufficient.
|
23 March 2017 |