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Citation
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Judgment date
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| August 2014 |
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A dismissal for inactivity under Order 53 Rule 12 does not bar a fresh action absent an adjudication on the merits.
Commercial Court Rules (Order 53 Rule 12) — dismissal for 60 days inactivity — effect of dismissal; res judicata; finality of litigation; directory vs mandatory rules; right to commence fresh action where no adjudication on merits.
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21 August 2014 |
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Applicant’s bid to impeach a final judgment for alleged ministerial error was an abuse of process and was dismissed.
Civil procedure – finality of judgments – impeachment for fraud – fraud exception narrow and strictly proved; abuse of process through repetitive litigation; Order 20 Rule 11 (White Book) invoked but inapplicable where evidence was available at trial.
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21 August 2014 |
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21 August 2014 |
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A stay for concurrent criminal proceedings requires a real risk of prejudice; court may ring‑fence civil evidence instead of granting a stay.
Civil procedure – stay of civil proceedings pending related criminal proceedings – high threshold; real (not notional) danger of prejudice and self-incrimination required; balancing competing interests; ring‑fencing civil evidence and documents.
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21 August 2014 |
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Appeal allowed: termination on contractual notice lawful; IR court may probe for bad faith but no such finding made here; include external pay in terminal benefits.
Employment law – termination by notice – Industrial Relations Court’s remedial powers under s.85A – distinction between finding of unfair dismissal and remedies – power to examine bad faith in use of termination clause – treatment of external salary in terminal benefit calculations.
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19 August 2014 |
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An employer validly invoking a contractual notice clause does not commit unfair dismissal merely by failing to give reasons unless bad faith is shown.
Employment law – contractual termination clause – exercise of notice without reasons – absence of reason not by itself unlawful; Industrial Relations Court may inquire into bad faith; remedies under s85A are discretionary, not definitional.
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19 August 2014 |
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Disciplinary bodies may hear in absentia but must prove allegations; Minister, not Dean, prescribes university regulations.
Student discipline – in‑absentia proceedings – regulation 27 permits hearing in absence but does not relieve university of evidential onus; University Act – section 49 vests power to make regulations in Minister not Dean; expulsion unlawful where findings unsupported by evidence; nullification of results consequent on unlawful expulsion is unlawful; damages for withheld results not proved.
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18 August 2014 |