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Citation
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Judgment date
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| July 2016 |
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19 July 2016 |
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Appellant entitled to recalculated gratuity and notice pay to include omitted allowances and acting-period rate.
Employment law – fixed-term contracts – terminal benefits and gratuity – effect of acting appointments and Board resolution – inclusion of periodic allowances in salary for gratuity and notice pay – retention allowance embedded in senior management salaries – post-termination salary revisions and consideration.
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15 July 2016 |
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A corporate appellant’s failure to be represented by a solicitor in the Supreme Court warranted dismissal for non-compliance with court rules.
Civil procedure — Representation of body corporate — Order 6 Rule 5(3) Rules of Supreme Court requires a corporate appellant to be represented by a solicitor; Industrial Relations Act s91 allowing in-person appearance in the Industrial Relations Court does not override Supreme Court representation requirements; failure to comply and absence at hearing justifies dismissal with costs.
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12 July 2016 |
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A corporate appellant cannot appear in person in the Supreme Court; failure to be represented by a solicitor justified dismissal with costs.
Civil procedure – corporate parties – representation – Order 6 Rule 5(3) Rules of the Supreme Court requires bodies corporate to sue or be sued by a solicitor; corporate appellants cannot act in person; distinction from Industrial Relations Court representation under Industrial and Labour Relations Act.
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12 July 2016 |
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Whether circumstantial evidence, recent possession and leading evidence can sustain convictions for aggravated robbery and murder against the appellants.
Criminal law — Circumstantial evidence — Suspect witnesses and corroboration; Recent possession of stolen property; Admissibility and reliability of leading evidence and video reenactment; Doctrine of common purpose (section 22); Sentencing of juveniles under the Juveniles Act.
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12 July 2016 |
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Circumstantial, voice-identification and ballistic evidence upheld three convictions; two accused acquitted for insufficient linkage.
Criminal law – Circumstantial evidence – Requirement that circumstances form an unbroken chain excluding other reasonable inferences; Voice identification; Ballistic evidence linking recovered firearm to crime; Sufficiency of evidence to connect co-accused to robbery and murder.
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12 July 2016 |
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8 July 2016 |
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An unproven oral promise cannot alter clear written loan terms; appeal dismissed and costs awarded.
Contract — Loan/mortgage — Written facility letter — Admissibility of extrinsic evidence and collateral/oral terms — Requirement that a written agreement reflect whole contract; oral promise not proved cannot vary clear written terms — Judgment must disclose review of evidence and reasoning.
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6 July 2016 |
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6 July 2016 |