Results.
4 judgments found.
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| November 2011 |
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The respondent's dismissal was upheld where he, as primary approver of invoices, recklessly facilitated overpayments.
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Employment law — unfair dismissal — gross misconduct — responsibility for invoice approval — forensic audit — procedural fairness — comparators and differential treatment — substantial justice.
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29 November 2011 |
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An executor must reimburse estate school-fees paid by a guardian; assessment in absence of a notified party was not irregular.
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Civil procedure — setting aside default/interlocutory assessment — notice and non-appearance; Executors and estate liabilities — reimbursement for school fees paid by guardian; Child-rights principle guiding remedial interpretation
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24 November 2011 |
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A statutory 30‑day appeal is mandatory and cannot be extended; joinder is barred if time‑expired.
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Competition and Fair Trading Act s15 — 30‑day statutory appeal period; limitation — courts cannot extend statutory time; Rules of Supreme Court (Orders 3/5/1, 12/7, 15/5, 15/6) — joinder barred where claim time‑expired
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21 November 2011 |
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Ex‑curia settlement talks do not suspend appeal time; unexplained delay and sitting on rights justify refusing extension.
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Civil procedure — extension of time to appeal — ex‑curia settlement discussions do not stop appeal time running; delay must be promptly explained; court may consider merits/prospects when granting extension; failure to attend arbitration and sitting on rights adverse to applicant
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8 November 2011 |