Principal Registry - 1991 November

3 judgments

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3 judgments
Citation
Judgment date
November 1991
Whether an employer may bind an employee to amended superannuation rules or whether a later non‑pensionable contract abrogates earlier pension rights.
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.
18 November 1991
Whether the defendant’s driver negligently crossed into the plaintiff’s lane, causing the collision and vicarious liability, and appropriate damages.
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.
14 November 1991
A creditor’s petition proved the company’s inability to pay debts; court ordered winding up and appointed the Administrator General as liquidator.
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.
11 November 1991