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Citation
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Judgment date
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| April 2011 |
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Whether parties’ conduct created binding contracts and whether fraud was sufficiently pleaded and proved; quantum meruit entitlement.
Contract formation – objective assessment of conduct as offer and acceptance; Quantum meruit – recovery for work done under unenforceable/void contract; Civil procedure – fraud allegations require clear, specific pleading and higher standard of proof; Failure to make adequate findings of fact and law; Remedy—assessment of damages before Deputy Registrar.
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26 April 2011 |
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A court‑approved statutory scheme of arrangement binds all creditors and can supersede an earlier consent order.
Companies Act – section 234 – Scheme of Arrangement – extraordinary resolution and court approval – binding effect on all creditors; Consent order v. statutory scheme – statutory scheme prevails; Procedure – notice and right to object under section 234(8); Appeal – new grounds not raised below cannot be entertained.
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15 April 2011 |
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Ambiguous alternative remedy led to quashed award; appellant ordered to pay second‑hand gearbox value and loss assessment referred.
Contract law – breach of contract for repair – alternative remedies and need for specificity; unjust enrichment; Disposal of Uncollected Goods Act; mitigation of loss; assessment of damages and interest.
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14 April 2011 |
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Deportation under s.26(2) is reviewable; ministerial discretion must be supported by reasonable grounds and material.
Administrative law – Immigration and Deportation Act s.26(2) – Deportation orders – Judicial review – Courts may question deportation where reasons not proved or prima facie misuse of power established – National security does not oust review entirely – Minister not strictly obliged to give reasons but must be able to point to supporting materials.
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10 April 2011 |
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A contractual termination may be scrutinized, but setting it aside requires evidence of malice or abuse of the termination clause.
Employment law – termination by notice v dismissal – Industrial Relations Court’s power to investigate reasons for contractual termination – piercing the veil – bad faith required to set aside termination – damages for unexpired contract.
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7 April 2011 |
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Appeal quashes ambiguous alternative award; orders replacement/value of second‑hand gearbox, remits loss‑of‑business assessment, costs each party.
Contract — breach — disposal of uncollected goods — alternative remedies and election — unjust enrichment — duty to mitigate damages — assessment of loss of business — interest on judgment debt.
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5 April 2011 |