12 Jan 2015
EDS's application to file the 9th affirmation was allowed. Shum's summons to set aside the sealed summary judgment was dismissed for procedural defect because the court was functus officio; the sealed judgment could only be impugned by appeal or fresh action. Costs awarded to EDS, to be taxed if not agreed, with certificate for two counsel.
8 Jan 2004
Where a solicitor's authority to act for a party is reasonably and timeously challenged, the court must verify that authority before allowing the solicitor to have further conduct of proceedings; the burden of proof of due authority rests on the solicitor asserting it; accordingly it was proper to defer (stay) the Default Judgment Summons pending final determination of the Authority Summons. The Master's costs order for the Authority Summons hearing was, however, reduced to costs in the cause with a certificate for counsel.
25 Jul 1995
The judge found on primary facts that the 2:30 p.m. telephone conversation extended the purchaser's completion time from 3:00 p.m. to such time as would not prevent the confirmor completing the principal agreement by 5:30 p.m.; therefore the 3:24 p.m. purported rescission was ineffective and the confirmor was in repudiatory breach when it refused to complete at 4:48 p.m., entitling the plaintiff to judgment and a hearing on specific performance issues.