Results.
6 judgments found.
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| September 2006 |
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The applicant who voluntarily accepted early retirement and was paid benefits cannot later claim redundancy absent evidence of abolition.
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Employment law — early retirement versus redundancy/retrenchment — burden on employee to prove retirement benefits excluded allowances — voluntary acceptance of early retirement bars later redundancy claim where position not abolished.
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26 September 2006 |
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Applicant who elected early retirement and whose post continued could not treat the retirement as redundancy or exclude paid allowances.
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Employment law — voluntary early retirement versus redundancy — burden on claimant to prove composition of retirement benefits; post abolition or downgrading necessary for redundancy; conditions of service interpretation.
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26 September 2006 |
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Joinder under Order 14 Rule 5 denied where employer disowned employee’s act; vicarious liability is a merits issue for trial.
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Civil procedure — Joinder under Order 14 Rule 5 — Requirement that person joined may be entitled to or likely to be affected by result — Distinction between joinder and vicarious liability — Preliminary determination on affidavits.
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26 September 2006 |
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Whether appellants are vicariously liable for injuries caused by an unauthorised driver of their vehicle, given pleaded admissions.
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Vicarious liability — employer’s liability for employee’s vehicle — unauthorised driver — admissions in pleadings — control and permission to drive.
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26 September 2006 |
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Section 281 is discretionary; leave to proceed is allowed where disputes cannot be properly resolved in the winding-up process.
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Companies Act s281 — leave to commence or proceed with actions against company in liquidation — discretionary — purpose to ensure orderly administration of assets and protect creditors — leave appropriate where disputes (denial of liability, legal questions, assessment of damages) cannot be properly determined in winding-up.
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25 September 2006 |
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Application of s.35(a) IGPA held that a record tendered on 22 March was filed within a seven‑day court‑ordered period, Registry wrongly refused it.
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Civil procedure — computation of time — Interpretation and General Provisions Act s.35(a) — excluding day of event when counting days — effect on filing deadlines and registry acceptance.
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6 September 2006 |