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Citation
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Judgment date
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| December 1985 |
|
|
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17 December 1985 |
|
An application for possession under s.13(1)(e) requires proof the premises are reasonably needed by an employee of the particular landlord; procedural defects may be amended if no prejudice.
Rent Act s.13(1)(e) — procedure for possession applications — originating notice of motion vs writ; notice to quit content; requirement that employee be employed by the landlord; protection of tenants; burden to prove reasonable requirement.
|
10 December 1985 |
|
|
10 December 1985 |
|
Employers are not liable for riot damage by striking employees absent course-of-employment connection or legislative provision.
Tort — Vicarious liability; strict liability (Rylands v Fletcher) inapplicable to mine compound rioting; negligence — no general duty on employers to avoid inciting workers; courts decline to create novel employer liability for riot damage.
|
9 December 1985 |
|
|
9 December 1985 |
| November 1985 |
|
|
|
14 November 1985 |
|
|
14 November 1985 |
| September 1985 |
|
|
|
24 September 1985 |
| July 1985 |
|
|
|
30 July 1985 |
|
|
14 July 1985 |
|
An originating notice of motion is improper for possession claims; a successor landlord may rely on a previous landlord’s notice to quit.
Landlord and tenant – Business premises – Originating notice of motion not proper for possession claims under Landlord and Tenant (Business Premises) Act; writ required per High Court Rules, Order 6 – Successor landlord entitled to rely on notice to quit given by previous landlord with similar redevelopment intentions – Amendment to cure procedural defect allowed – Stay of execution granted.
|
4 July 1985 |
| June 1985 |
|
|
|
6 June 1985 |
|
Written-language requirement for detention is directory; uncontradicted sworn alibi requires State contradiction to sustain detention.
Constitutional law — Detention — Grounds of detention in writing in a language detainee understands held directory; sworn alibi by detainee requires State contradiction otherwise detention may be unreasonable.
|
4 June 1985 |
| May 1985 |
|
|
|
22 May 1985 |
| April 1985 |
|
|
|
22 April 1985 |
|
Court held it may stay proceedings in voluntary liquidation and that mistaken overpayments create a constructive trust priority.
Companies Act ss.141 & 189 – court's power to stay proceedings in voluntary liquidation; Mistaken payments – constructive trust; equitable proprietary priority over unsecured creditors; action for money had and received unnecessary.
|
19 April 1985 |
|
|
18 April 1985 |
|
|
18 April 1985 |
|
|
4 April 1985 |
|
|
3 April 1985 |
|
|
1 April 1985 |
| March 1985 |
|
|
|
23 March 1985 |
|
|
14 March 1985 |
| February 1985 |
|
|
|
26 February 1985 |
|
|
19 February 1985 |
|
|
7 February 1985 |
| January 1985 |
|
|
|
30 January 1985 |
|
An acquittal in criminal proceedings is not proof against the respondent in a civil wrongful dismissal claim.
Civil procedure — Evidence — Criminal acquittal or conviction inadmissible as proof in civil proceedings; Secondary evidence may be admitted via cross‑examination; Wrongful dismissal — burden and sufficiency of evidence; Terminal benefits entitlement (accrued leave, pension).
|
23 January 1985 |
|
|
9 January 1985 |