Results.
6 judgments found.
|
|
|
| April 2011 |
|
|
Objective conduct can establish contracts; fraud must be specifically pleaded and proved; quantum meruit available for work done.
-
Contract formation — objective assessment of conduct and communications; fraud and abuse of office — must be clearly pleaded and proved to a higher civil standard; quantum meruit recovery where work done and benefit received; appellate intervention where trial judgment lacks reasoned findings
|
26 April 2011 |
|
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.
|
15 April 2011 |
|
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.
|
14 April 2011 |
|
Deportation under s.26(2) is reviewable where the Minister’s exercise of discretion is unreasonable or lacks supporting materials.
-
Immigration law — Deportation under s.26(2) — Judicial review of executive discretion — National security versus procedural fairness — Requirement for reasonable grounds and supporting materials
|
10 April 2011 |
|
A contractual termination by notice may only be invalidated where the employer’s malice or bad faith is demonstrated.
-
Employment law — termination by notice versus dismissal — Industrial Relations Court’s power to investigate contractual terminations — requirement of bad faith/malice to justify piercing the termination clause — contractual right to terminate by notice upheld
|
7 April 2011 |
|
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.
|
5 April 2011 |