Judgment
Case law
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Division and case type: CivilCivil Appeal
…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…
…his discretion in the appellant’s favour.…
Division and case type: CivilCivil Suit
…This to my mind is not a good enough reason to warrant exercising my discretion in his favour.…
Division and case type: CivilCivil Appeal
…See Winn LJ in Brown Shipley & Co Ltd v Alicia Hosiery Ltd [1966] 1 Lloyd’s Rep 668, 669, Lord Denning MR held, however, that a court could, in its discretion, hold up payment due on the bill, but only in exceptional circumstances…
…The learned judge in the circumstances properly exercised his discretion in giving judgment for the plaintiff as prayed in the plaint There no merit in this appeal and I would dismiss it with costs.…
Division and case type: CivilCivil Appeal
…Certainly the cases show that the discretion must be exercised sparingly. The evidence must all be on the record and the new point must not raise disputes of fact.…