Results.
8 judgments found.
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| February 2001 |
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A property-title dispute cannot be determined by the Industrial Relations Court; conveyancing matters lie with the High Court.
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Industrial Relations Court — jurisdiction — limited to labour disputes under Industrial and Labour Relations Act — Not competent to impugn certificates of title or decide conveyancing matters; Conveyancing/land title — exclusive High Court jurisdiction; Case law on limits of specialized tribunal jurisdiction (Lands Tribunal analogy).
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23 February 2001 |
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The Industrial Relations Court lacks jurisdiction to impugn certificates of title; conveyancing disputes belong in the High Court.
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Industrial Relations Court — Jurisdiction — Limits of IRC’s jurisdiction to labour disputes — Conveyancing disputes and impugning certificates of title fall within High Court jurisdiction — IRC lacked jurisdiction to set aside sale/title
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22 February 2001 |
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Appeal allowed where trial judge misdirected on credibility and ignored a cogent defence explanation of third‑party payment.
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Evidence—credibility of oral testimony despite absence of written proof; third‑party payment as discharge of claim; privity of contract irrelevant to third‑party settlement; appellate intervention where trial judge’s reasons are manifestly bad; compliance with Supreme Court Rule 58(2).
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13 February 2001 |
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Court affirms award for unpaid salary and allowances, holding delivery-up order discharged counterclaim and oral evidence admissible to establish contract terms.
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Employment law — unpaid salary, leave pay and allowances; admissibility of parol/oral evidence to prove additional contractual terms; injunctive relief — peremptory order for delivery up and its effect on counterclaims; remedies and enforcement (writ of delivery, committal) — scope and limitations.
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13 February 2001 |
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Court refused to compel licence renewal, awarding only compensation for petrol and reversing loss-of-business damages.
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Commercial law — licence to operate service station — remedies in the alternative — limits on compelling licence renewal; company agency — acts of retail manager; civil procedure — abuse of process and multiplicity of actions; assessment of monetary compensation for property in situ
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12 February 2001 |
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A court may reject a handwriting expert’s opinion and appellate courts should defer to trial credibility findings in tenancy disputes.
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Tenancy — Alleged forgery of authorising letter — Handwriting expert evidence — Court not bound to accept expert opinion; may inspect signatures and decide — Appellate deference to trial court’s credibility findings
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12 February 2001 |
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A dispossessed owner is entitled to compensation after lawful re-entry; prior state conduct can estop the State from denying improvements' value.
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Land law — re-entry and repossession — right to compensation for dispossessed owner irrespective of re-entry’s justification — estoppel from prior state consents to assign — Lands Tribunal bound by constitutional requirements
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12 February 2001 |
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An innocent purchaser for value without notice cannot be deprived of title; compensation is the appropriate alternative remedy.
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Land law — innocent purchaser for value — specific performance — equities and notice — sale by tender — adequacy of compensation as alternative remedy
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12 February 2001 |