Results.
5 judgments found.
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| July 2000 |
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Appellant cannot use slip rule to avoid statutory Tariff Court remedy under Section 204; appeal dismissed with costs.
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Customs law — Section 204 (Customs and Excise Act) — statutory Tariff Court remedy for classification disputes — limits on judicial review; Civil procedure — slip rule (clerical error/accidental omission) — finality of appellate decisions — no re‑hearing absent exceptional circumstances (Pinochet distinguished); burden on appellant to prove compliance with statutory preconditions.
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18 July 2000 |
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Whether the respondents May 1993 letter was a resignation or a valid election for redundancy; court held redundancy entitlement.
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Employment law — Restructuring and redundancy — Whether communication amounted to resignation or exercise of redundancy option — Intention and factual findings — Evidence and non-response to letters as evidentiary weight — Remedies: redundancy pay, interest and costs.
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13 July 2000 |
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12 July 2000 |
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Appeal dismissed; eyewitness evidence and trial judge’s credibility findings upheld, convictions and sentences affirmed.
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Criminal law — murder and attempted murder — credibility of eyewitnesses — corroboration by independent witnesses — conspiracy and joint common purpose — rejection of accidental discharge, self-defence, property and provocation defences — failure to call witness does not always attract favourable inference.
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11 July 2000 |
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Employer not liable for overseas study costs where sponsorship was unauthorised and employee left without authority.
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Employment law — employer liability for overseas scholarship costs — requirement of managerial sanction; Administrative irregularity and unauthorised travel — effect on employer responsibility; Evidence of collusion in procurement of sponsorship; Relevance of dismissal/cessation of master-servant relationship to claims for educational expenses.
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2 July 2000 |