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His honour said this strategy was according to the language of the rule which was extensive and permissive in its scope whereas offering adequate safeguards for the substance and that he ‘would due to this fact be slow to apply the rule in any strict or rigorous sense’. The incontrovertible truth that an explanation had been offered for the delay in raising the defence was considered a relevant consideration in JL Holdings. …Justice is the paramount consideration in determining an application such because the one in query. Our breadth of expertise in business litigation means your matter is in good hands. Generally talking, where a discretion is sought to be exercised in favour of 1 celebration, and to the disadvantage of another, an explanation will be referred to as for. While various factors are identified in the judgement as related to the exercise of discretion, the load to be given to those elements, individually and together, and the finish result of the balancing course of, might vary depending on the details in the particular person case.
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You can also search for layers by practice areas, corresponding to legal protection or personal damage. An error by an Arbitrator to use an issue estoppel in an award may give rise to a claim pursuant to sections 34 or 36 that the award be set aside or is unenforceable on the basis that it is in battle with the basic public coverage of this State.
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