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Citation
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Judgment date
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| May 2000 |
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Unilateral adverse change to redundancy terms without consent terminates employment and preserves prior separation benefits.
Employment law – unilateral adverse variation of employment terms – redundancy benefits – whether treated as fundamental term – effect of privatization on employer obligations – consent and acquiescence
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31 May 2000 |
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Appeal dismissed: summary dismissal for dishonesty upheld; Supreme Court cannot entertain pure factual appeals under section 97.
Employment law – summary dismissal for dishonesty; discrimination – differential sanctions justified where offences differ; appellate jurisdiction – s.97 limits appeals to points of law or mixed law and fact.
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16 May 2000 |
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An unqualified shareholder directive to merge allowances is binding; directors cannot qualify it and inability to pay is no defence.
Company law – Shareholder supremacy – Unqualified shareholder directive to merge allowances into salary binds holding company and subsidiaries; directors/managers cannot qualify shareholder decisions; inability to pay not a defence to entitlement; court may order staged payment scheme in public interest
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15 May 2000 |
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Appeal dismissed where defendants failed to enter appearance and unreasonably delayed prosecution, justifying the default judgment.
Civil procedure – default judgment – failure to enter appearance – unreasonable delay and ‘‘sleeping on rights’’ – application to set aside refused; Fatal Accidents Act claim.
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9 May 2000 |
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Interlocutory injunction improperly granted as it conflicted with statutory banking liquidation procedures; appeal allowed, injunction discharged.
Banking law – compulsory liquidation under Banking and Financial Services Act – interlocutory injunction – conflict with special statutory liquidation procedure – Companies Act s.399 – principles for granting interlocutory injunctions – limits on injunctive relief against the State.
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9 May 2000 |
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Master of Supreme Court lacks jurisdiction to tax costs incurred in the High Court; allocatur set aside.
Civil procedure – Taxation of costs – Jurisdiction of Master of Supreme Court to tax costs incurred in the High Court – High Court taxing officer required – Procedural fairness in taxation hearings
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2 May 2000 |