Results.
5 judgments found.
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| September 1997 |
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An unappealed Industrial Relations Court judgment on redundancy is enforceable; employer ordered to comply with original award.
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Employment law — redundancy — enforcement of unappealed Industrial Relations Court judgment — interpretation of collective agreement — employer's non‑compliance with court order.
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30 September 1997 |
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Failure to plead wrongful seizure abandons that cause of action; interpleader, not a direct action, is the remedy for third-party seizures.
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Practice — Statement of claim must disclose cause of action; omission on statement of claim constitutes abandonment
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Execution — Seizure under regularly issued writ not wrongful even if goods belong to third party; third-party remedy is interpleader (Order XLI r.53–56 / High Court equivalent)
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21 September 1997 |
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Time was not of the essence; vendor’s rescission was invalid and specific performance was properly ordered.
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Contract for sale of land — time of the essence — completion after state consent — notice to complete — parol evidence/statute of frauds — oral variation unenforceable — specific performance ordered.
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11 September 1997 |
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Appellant’s presence in vehicle with stolen goods shortly after violent robbery upheld; sentence increased above minimum.
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Criminal law — Aggravated robbery — Presence in vehicle with stolen property shortly after offence — inference of guilty knowledge — credibility of accused’s explanation; Sentence — minimum prescribed term — increased where robbery was violent and carried out by gang.
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10 September 1997 |
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Council unlawfully demolished a building after failing to follow its By-Law notice procedures and time limits.
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Municipal law — Building permits — By-Law 57(1)(c) mandatory; By-Law 60(3) permits commencement after 30 days' silence; By-Law 67(2) requires specific written notice before demolition — council liable for demolition contrary to its own by-laws
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10 September 1997 |