23 Dec 2024
Failure to comply with the mandatory 14-day filing requirement in s307(4) CPC resulted in the appeal being deemed withdrawn under s307(9) CPC; absent any timely application or arguments invoking s310 CPC the court will not exercise discretion to condone the delay and must dismiss the appeal.
27 Jan 2022
The plaintiff proved the loan, the defendant's default and the outstanding balance and established contractual and legal entitlement to sell the mortgaged property by public auction; payments and financing arrangements relied on were authorised by the loan agreement; the defendant failed to raise a valid defense, therefore the originating summons for sale and ancillary orders were allowed.
13 Sept 2021
The appellant, not the Labour Office, bore the statutory duty to prepare and file the record of appeal within one month under O 55 r 4 ROC as incorporated by s 77 Employment Act; the record was filed out of time without any application for extension or satisfactory explanation, and therefore the appeal was improperly brought and had to be dismissed.
12 Jul 2021
Chief Justice's Direction No 8 of 2021 does not and cannot waive or modify the statutory 14‑day time limit in section 51 Courts of Judicature Act 1964 for filing appeals; therefore the DPP's reliance on that Direction to justify late filing is rejected and the appeal as filed is out of time and incompetent unless an extension is granted under section 56 CJA.
22 Sept 2020
The appeal was statute-barred and improperly filed (not by originating motion) and no application for extension of time was made; accordingly the appeal is dismissed with costs.
27 Nov 2019
Leave to cross-examine the deponent was granted because there was a demonstrable conflict in affidavit evidence on a relevant factual issue which could not be resolved by documents and the application was bona fide; after hearing the deponent the court found the deponent credible, concluded the Direction was validly served and the Minister discharged the burden to show procedural compliance under DDSPMA, and therefore the substantive judicial review application was dismissed.
24 Jul 2019
The appeal was struck off because the appellant failed to lodge a petition of appeal within the statutory 14 days as required by s.307 CPC, thereby causing the appeal to be deemed withdrawn under s.307(9) CPC, and the appellant did not seek relief under s.310 CPC to regularise the late filing; accordingly the High Court struck off the appeal.