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Citation
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Judgment date
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| March 1989 |
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Appeal allowed and counter-claim remitted for retrial due to contradictory findings and unclear pleadings.
Civil appeal – counter-claim – goods sold overseas – deterioration in transit – contradictory trial findings – insufficiency of pleadings – remittal for retrial – liberty to file fresh pleadings – costs to abide event.
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30 March 1989 |
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Whether an interlocutory injunction barring registration of undisputed 60% shareholding should be varied to allow registration.
Civil procedure — Interlocutory injunctions — Entitlement to relief and balance of convenience — Registration of shares — Power to vary interlocutory orders where part of claimed interest is undisputed.
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30 March 1989 |
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Appellant's summary dismissal upheld: procedural fairness observed, collective agreement not proved, union chairmanship no immunity.
Employment law – summary dismissal for gross insubordination – procedural fairness and natural justice – obligation to produce collective agreement – union office does not confer immunity from personal disciplinary action – appellate review of credibility findings.
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21 March 1989 |
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Failure to notify the proper officer after dismissal for misconduct attracts penalties but does not invalidate the dismissal.
Employment law – Wrongful dismissal – Employment (Special Provisions) Regulations – Regulation 4(1)(a) and 4(1)(b)(ii) – Effect of failure to notify proper officer after summary dismissal for misconduct – Penal sanction only, not invalidation of dismissal.
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20 March 1989 |
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Prerogative relief becomes academic once respondents rescind the impugned decision; courts will not grant nugatory orders, but costs may be awarded.
Administrative law — prerogative orders (certiorari) — discretionary relief — mootness/academic appeals where respondents rescind action — costs awarded despite mootness.
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16 March 1989 |
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A landlord is limited to reasons in its notice; s.11(1)(e) requires a superior-tenancy framework and proof of better rental yield.
Landlord and Tenant (Business Premises) Act – notice to terminate binds landlord and successors – scope of s.11(1)(e) requires superior tenancy, owner at termination, proof that letting as a whole yields better rent, and requirement of possession to let/ dispose as whole – s.11(2) protects post-acquisition transferees for five years.
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14 March 1989 |
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7 March 1989 |
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A later suit cannot be summarily dismissed as an abuse; transfer to consolidate proceedings is the proper remedy.
Civil procedure – abuse of process – dismissal of later proceedings because of parallel action in another registry – right of access to the courts – transfer/consolidation of cases between registries as proper remedy.
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7 March 1989 |
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Possession of stolen property required courts to consider lesser inference of receiving; murder conviction substituted with receiving stolen property.
Evidence – possession of stolen property – duty of trial court to consider lesser inferences – receiving stolen property – inference of guilt only where it is the only irresistible inference – misdirection where court refuses to consider alternatives.
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6 March 1989 |
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Whether appellant was negligent and how damages for a profit-making vehicle should be mitigated and assessed.
Tort—Negligence: assessment of witnesses' credibility; Damages—quantum and mitigation for profit-making chattel damaged beyond economic repair; entitlement to salvage credit; limitation of loss-of-use awards.
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1 March 1989 |