Results.
7 judgments found.
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| April 2016 |
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Dismissal for dishonest conduct was reasonable; appellate court reversed trial judge's costs order due to partial success and respondent's deficient defence.
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Employment law — Unfair dismissal — Reasonableness and ‘range of reasonable responses’ — Disciplinary procedure and natural justice — Burden on employee to prove unfair dismissal — Costs: award where party partially succeeds and opponent fails to defend.
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25 April 2016 |
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A fixed-term contract contingent on a client contract can validly terminate when that client contract ends; negotiated terminal benefits apply.
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Employment law — fixed-term written contracts conditional on client contract — lawful termination when client contract ends; terminal benefits limited to negotiated/lettered package; section 21 Employment Act applies only to oral contracts; unearned wages constitute unjust enrichment; costs follow the event.
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20 April 2016 |
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The respondent must mitigate loss; loss‑of‑use damages limited to six months and dollar judgment interest capped at LIBOR or 6%.
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Assessment of damages — duty to mitigate — loss of use/business of income‑producing vehicle — reasonable period for loss (six months) — interest on judgment sums — Order 36 Rule 8; Judgments Act s.2 — foreign currency judgments: LIBOR or 6% cap.
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20 April 2016 |
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Duty to mitigate limits loss‑of‑use damages and dollar judgments should bear interest at LIBOR or 6% (whichever less).
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Damages — mitigation of loss — income‑earning chattel — loss of use limited to reasonable period; Assessment of damages — trial judge must evaluate evidence; Interest on judgments — Order 36 Rule 8 and Judgments Act s.2; Foreign currency judgments — interest at LIBOR or 6% p.a., whichever lower.
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20 April 2016 |
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15 April 2016 |
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Acknowledgement of debt restarts limitation for contract claims, but prior litigation on same contractual dispute rendered the later claim res judicata.
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Limitation of actions — contract claims governed by six‑year limitation; acknowledgement restarts limitation period (Limitation Act s.23(4)); res judicata — prior High Court action covering same contractual dispute bars later claim; procedural discretion — judge may set aside earlier leave and may hear later application which could set aside earlier orders; unfounded bias allegations dismissed.
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14 April 2016 |
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1 April 2016 |