Results.
5 judgments found.
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| November 1991 |
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Whether a pensionable employee wrongfully retired is entitled to pension damages where termination was on notice and pension benefits were subsequently provided.
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Employment law — termination versus retirement — Pension scheme rules — early retirement age — entitlement to gratuity and pension — permanent/pensionable employment not guaranteeing life employment — damages for loss of pension disallowed where employer later procures Scheme benefits.
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29 November 1991 |
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Whether an employer may bind an employee to amended superannuation rules or whether a later non‑pensionable contract abrogates earlier pension rights.
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Employment law — Superannuation scheme — Power to amend scheme rules — Members bound by duly amended rules; Contract law — Variation and replacement of contracts — Fixed‑term contract abrogating earlier pensionable contract; Claim for pension shortfall and employer contributions.
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18 November 1991 |
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Whether the defendant’s driver negligently crossed into the plaintiff’s lane, causing the collision and vicarious liability, and appropriate damages.
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Road traffic negligence — duty of care to other road users — determination of fault in opposite-direction collisions — evaluation of witness credibility and circumstantial evidence — vicarious liability of employer for driver — strict proof required for special damages — assessment of general damages for permanent disablement.
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14 November 1991 |
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A creditor’s petition proved the company’s inability to pay debts; court ordered winding up and appointed the Administrator General as liquidator.
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Companies Act s.213(3) — Creditor’s winding-up petition — inability to pay debts — service and publication of petition — appointment of Administrator General as liquidator and official receiver.
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11 November 1991 |
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Petition proceeds as undefended for respondent's failure to provide security; cross‑petition re third party dismissed with costs.
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Civil procedure — security for costs — failure to comply with court/registrar orders — proceeding as if undefended; dismissal of cross‑petition relating to a third party for non‑payment of ordered security; costs ordered against non‑complying party.
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8 November 1991 |