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Citation
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Judgment date
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| December 2022 |
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A contractual forfeiture and registered assignment effected a conveyance, not an equitable mortgage; applicant entitled to the property, monetary and damages claims dismissed.
Contract law – Investment agreement with deposited title and registered deed of assignment – Forfeiture/registered assignment clause creates conveyance/sale, not an equitable mortgage – Enforcement of express contractual conveyance – Claim for damages requires proof on balance of probabilities.
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30 December 2022 |
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Applicant failed to prove unfair dismissal where respondent reasonably investigated and followed disciplinary procedure.
Employment law – Unfair dismissal – Burden of proof on balance of probabilities; Employer's reasonable belief and disciplinary procedures; Sufficiency of evidence (documentary proof of deposits).
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30 December 2022 |
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Applicant failed to prove she was a dependant and is not entitled to the 10% intestacy share.
Intestate succession – definition of "dependant" under s.3 – must be maintained by and living with deceased immediately prior to death – proof on balance of probabilities; entitlement to statutory 10% dependent's share.
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30 December 2022 |
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Tender and licence invitations were quashed as ultra vires because the statutory Wildlife Management Licensing Committee had not been constituted.
:[
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20 December 2022 |
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Court revoked respondent's grant obtained on an untrue belief, ordered accounts, identified dependants and directed Administrator-General to administer estate.
Intestate succession – Letters of administration – Revocation where grant rests on untrue statement in ignorance (s.29(1)(c)) – Fraud allegation requires distinct pleading and higher standard – Definition and entitlement of "child" and "dependant" under Intestate Succession Act – Administrator-General appointment and duties – Surviving spouse's right to select devolving house.
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16 December 2022 |
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Summary dismissal upheld where senior officer admitted misconduct; not discriminatory and VSS claim fails due to ineligibility.
Employment law – summary dismissal – disciplinary procedure and natural justice – admission of misconduct – proportionality of sanction for senior/controlling officer – discrimination in dismissal – voluntary separation scheme eligibility.
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16 December 2022 |
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Court enforced rental arrears and possession where Initial Offer formed binding contract; Final Offer and its charge claim were dismissed.
Rent Act – recovery of rental arrears and possession – offer and acceptance – Initial Offer accepted in writing – variation and supersession of contract – conduct and payment not constituting acceptance – lapse of offer and termination of lease – dismissal of charges claimed under superseding offer.
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16 December 2022 |
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Unilateral variation of employment terms without consent constituted redundancy; statutory redundancy and gratuity remedies ordered.
Employment law – redundancy – unilateral variation of basic conditions of service without consent constitutes redundancy (s.55(1)(c)) – automatic termination on date of variation – procedural notice under s.55(2) not required where variation effects termination – redundancy payment minimum: two months’ pay per year served (s.55(3)) – entitlement to gratuity (25%) (s.73).
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13 December 2022 |
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Termination triggered by the principal contract's end was lawful; redundancy claims dismissed; accrued leave payable.
Employment law — termination by operation of contractual clause upon end of principal contract; distinction between wrongful and unfair termination; redundancy entitlement; proof of statutory benefits; assessment of accrued leave.
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8 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; estate shares and certain properties must be valued, preserved and distributed under s.7(f).
Succession law – Intestate succession – Meaning of 'near relative' and 'remoter descendant' – Niece held a 'near relative' entitled under s.7(f) where deceased leaves spouse but no children/parents/dependants; company shares as personal estate property; matrimonial home confers a life interest to surviving spouse; injunction and valuation for distribution ordered.
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7 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; spouse holds only a life interest in the matrimonial home.
Intestate succession – meaning of 'near relative' and 'remoter descendant' – nieces and nephews fall within remoter descendants; Company law – shares as personal property and part of deceased's estate; Matrimonial home – surviving spouse has life interest determinable on death/remarriage; Originating summons jurisdiction (Order XXX Rule 12) – valuation, sale and distribution of estate assets; Interim injunction to restrain disposal by administrator.
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7 December 2022 |
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A niece qualifies as a 'near relative' under the Intestate Succession Act; estate shares/property to be valued and proceeds distributed per s7(f).
Intestate succession – 'near relative' and 'remoter descendant' – niece included as beneficiary; Shares as personal property – company ownership and indirect shareholder interest; Matrimonial home – surviving spouse's life interest not absolute; Injunction restraining disposal of estate assets; Valuation and sale of estate assets and distribution under s7(f).
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7 December 2022 |
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Employee unfairly dismissed for private conduct outside employment; awarded 24 months' salary damages and accrued leave assessment.
Employment law – dismissal – distinction between wrongful (procedural) and unfair (substantive) dismissal – conduct outside course of employment not proper ground for disciplinary dismissal – reinstatement sparingly granted – damages as alternative remedy – entitlement to accrued leave; failure to prove other statutory benefits.
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6 December 2022 |