23 Dec 2019
Plaintiff failed to prove ownership or bailment of the Watch; material contemporaneous evidence including CCTV, the manner of payment, plaintiff's inconsistent testimony and the fact that Mr Ching had possession showed Mr Ching was the effective owner/possessor; therefore no conversion by the defendant and claim must be dismissed.
11 Mar 2015
The application for summary judgment was dismissed because, although the court accepted the Plans were original and that the Plaintiff had rebutted the copyright notice presumption of Gammon's ownership, there remained triable issues as to whether the Defendants had authorized the copying; the evidence (general contract specifications, subcontracting and approval rights) was insufficient at summary stage to conclude authorization as a matter of law.
12 Dec 2014
Plaintiff owned the goods on delivery; defendant, without authority, wrongfully took and consigned the 20 lots thereby committing conversion; the defendant's defensive case of an agreed arrangement was unproved and rejected; damages are the market value at dates of conversion as evidenced by defendant's invoices less payments received, with interest and taxed costs awarded to the plaintiff.
28 Aug 2012
Affirmed statutory presumption under s121; accepted plaintiff's documentary and witness evidence over defendant's denials; found the products to be substantial reproductions of the copyrighted drawings and that the 3rd Defendant sold those infringing copies; therefore defendant liable for copyright infringement and entitled plaintiff to injunctive and ancillary relief including delivery up and enquiry into damages/account of profits.
1 Jun 2010
The summons seeking declaratory relief was adjourned sine die because the court considered the ownership declaration potentially redundant given documentary proof of title and the possession declaration required proper pleading and possibly joinder of the police; plaintiff granted liberty to restore and costs reserved.
10 Mar 2009
The Court allowed the defendants' appeal and dismissed the action for want of prosecution because the plaintiff had prosecuted the action in a half‑hearted and dilatory manner, there was inordinate and inexcusable delay and that delay had caused severe prejudice (loss of witnesses and evidence) such that a fair trial was no longer possible; the judge below erred in concluding no prejudice existed.
3 Mar 2009
The plaintiff proved ownership by sale agreement and the defendant failed to prove a general lien (no evidence of usage or express agreement), and in any event lost any lien by continuing to use the ponies for profit and by failing to give a definite amount or particulars; consequently there was no triable issue and summary judgment for return of the ponies was warranted.
26 Nov 2004
Because the property was registered in the name of the 2nd defendant and the 1st defendant was no longer registered as owner, the court concluded there was serious doubt as to the viability of claims against the 1st defendant and therefore converted the proceedings to a writ of summons, set a timetable for pleadings, adjourned the summons for discovery sine die and ordered costs in the cause.
17 Mar 2004
The magistrate properly exercised his unfettered discretion: on the balance of probabilities the claimant failed to prove a genuine leasing arrangement, retained ownership responsibilities, was aware of cross‑border trade risks, and did not take steps to prevent illicit use; therefore forfeiture of the vehicle and keys was justified and the appeal is dismissed.
13 Dec 2002
The court held that although the cockloft was an illegal structure, the plaintiff remained the rightful owner of the space and could enforce his proprietary rights; the defendant committed trespass and nominal damages were awarded; the counterclaim under clause 8 of the 1958 DMC failed because the plaintiff was not a party or successor to the DMC and there was no proof of structural alteration or damage to a main wall; costs awarded to the successful parties on the usual basis and indemnity costs denied.