Results.
7 judgments found.
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| March 2000 |
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Fraudulent transfer of tenancy cannot defeat the lawful tenant’s rights; title cancelled and appellant ordered to vacate.
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Property law — tenancy and sub-tenancy — fraudulent change of tenancy — cancellation of title deeds — eviction order.
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25 March 2000 |
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Continuous service across related corporations can be aggregated to qualify for long-service gratuity; appeal dismissed.
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Employment law — long-service gratuity — aggregation of service across related/predecessor corporations — continuity of service — entitlement to long-service bonus.
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22 March 2000 |
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Whether summary dismissals for allegedly inducing an illegal strike complied with procedural fairness and collective agreement provisions.
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Labour law — summary dismissal — inducement of strike — natural justice (audi alteram partem) — collective agreements — Industrial Relations Act — illegality of strike — remedies (reinstatement or damages).
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15 March 2000 |
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Failure to report for duty after reinstatement may be treated as desertion, entitling the employer to withdraw reinstatement.
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Employment law — Disciplinary proceedings — Reinstatement on demotion — Duty to report for work — Failure to report treated as desertion — Employer entitled to withdraw reinstatement
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8 March 2000 |
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Appeal dismissed: defendants liable for negligent overtaking causing paraplegia; insurer's release ineffective; damages affirmed.
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Negligence — passenger injured when minibus overturned during overtaking; Act of God and sudden mechanical fault — defence rejected; Third-party release/accord and satisfaction — ineffective where insurers paid only policy liability; Quantum of damages — paraplegia and permanent disability; appellate restraint on interference with substantial awards.
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8 March 2000 |
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Negligent overtaking caused paraplegia; act of God and insurer's release failed, and the damages award was upheld.
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Tort—Negligence in overtaking—Act of God defence unavailable for man-made obstruction; Joint tortfeasors—full recovery and contribution; Contract—release/accord and satisfaction requires consideration or seal; Damages—assessment for paraplegia; Appellate restraint on disturbing quantum
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7 March 2000 |
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Registration was not a condition precedent; buyers breached the cocoa contract, but damages awarded were excessive and must be reassessed under sale of goods and remoteness principles.
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Contract law — sale of goods — condition precedent — registration not a condition precedent; wrongful termination — buyer’s breach; measure of damages — Sale of Goods Act 1893 s.50; remoteness — Hadley v Baxendale, Victoria Laundry, C. Czarnikow v Koufos; excessive awards and reassessment of damages
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7 March 2000 |