RGI 0.00% 22.0¢ roto-gro international limited

Ann: Trading Halt, page-58

  1. 318 Posts.
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    Found my old Law notes. please note this is related to Australia but we have a similar court system to Canada.

    A declaration is a statement by the court, of the law or the rights of parties in some particular matter.
    The court’s jurisdiction is broad and limited by its own discretion: Forster v Jojodex
    • The existence of another tribunal to hear a matter won’t take away jurisdiction: Forster v Jojodex
    • The availability of other remedies is no reason for refusing a declaration: Ainsworth v CJC; Judicature Act
    • Court may refuse to grant a declaratory order without an ancillary order where the granting of the declaration will be of no practical use or have no foreseeable consequences: Neeta (Epping) v Phillips
     However, declarations may be appropriate even where a decision maker cannot be compelled to exercise a discretionary power in a particular way and there is consequently no utility in quashing an earlier decision: Plaintiff M61E/2011
 
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