Results.
15 judgments found.
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| August 2015 |
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Appeal struck off the cause list for non-compliance with an order to pay security for costs; no costs ordered for that sitting.
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Civil procedure — Security for costs — Requirement to pay security prior to hearing an appeal — Non-compliance renders matter improperly listed — Striking appeal off cause list — Discretion as to costs.
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28 August 2015 |
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Whether a separation-pay dispute filed 11–12 months after termination was time-barred under section 85(3) of the Industrial Relations Act.
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Industrial Relations Act s85(3) — limitation period — exhaustion of administrative channels — extension of time — Rules 48 & 55 — inordinate delay; reliance on non-employment authority for late filing principles.
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27 August 2015 |
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Appeal dismissed: review out of time, no fresh evidence, and stay rightly refused because mortgage guarantee precluded a viable defence.
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Mortgage/security — guarantor/suretyship — enforcement of mortgage; Review of judgment — requirement for fresh evidence and timeliness; Stay of execution — court’s discretion and assessment of prospects of appeal; New issues on appeal — inadmissibility if not raised below.
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26 August 2015 |
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A registered proprietor’s certificate prevents title by adverse possession; the statute of limitations cannot defeat registered title.
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Limitation Act 1939 s4(3) — adverse possession required for limitation to run; Lands and Deeds Registry Act s35 — certificate of title bars acquisition by adverse possession; Order 14A RSC — interlocutory disposal may include necessary factual findings; certificate of title conclusive (s33/s34).
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26 August 2015 |
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Winding-up must be commenced by petition; ex-parte provisional liquidator appointment without a petition is irregular and discharged.
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Companies Act — winding-up proceedings must be commenced by petition; provisional liquidator may only be appointed after presentation of a winding-up petition; Companies (Winding-Up) Rules binding — orders appointing provisional liquidators must specify property and duties; mode of commencement and joinder — court will not cure non-joinder where joinder was not urged.
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26 August 2015 |
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Court upheld termination under a contractual notice clause, refusing to pierce it absent sufficient evidence of malice.
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Employment law — contractual termination-on-notice — power to pierce termination clause discretionary — burden to prove malice on employee — separation benefits contractual; damages limited to notice period.
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20 August 2015 |
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A statutory limitation defence may be raised as a preliminary point; cause of action accrued when the title was issued, appeal dismissed.
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19 August 2015 |
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A restructured loan agreement supersedes earlier breaches and a borrower’s counterclaim does not defeat a mortgagee’s right to possession.
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Mortgage law — restructured facility superseding prior loans — counterclaim for lender’s breaches cannot defeat mortgagee’s right to possession — proof of indebtedness by affidavit and statement of account — late-raised contractual certificate argument inadmissible on appeal — interest payable on established judgment sum.
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19 August 2015 |
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Whether an employee was redundant after being offered an alternative role; court held the alternative suitable and dismissed redundancy and constructive dismissal claims.
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Employment law — redundancy — written employment contract — clause governing redeployment — section 26B inapplicable to written contracts — suitability of alternative employment — coercion — constructive dismissal — damages for mental distress — jurisdiction of Industrial Relations Court.
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19 August 2015 |
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Court granted conditional withdrawal of Record of Appeal to cure procedural filing defect; failure to refile within 14 days results in dismissal.
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Civil procedure — Appeals — Withdrawal of Record of Appeal — Whether withdrawal equals dismissal of appeal — Compliance with amended Rule 58 (SI No.26/2012) — Conditional leave to withdraw to cure procedural defect — Costs awarded to respondent.
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19 August 2015 |
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19 August 2015 |
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12 August 2015 |
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12 August 2015 |
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6 August 2015 |
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4 August 2015 |