Results.
8 judgments found.
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| October 2005 |
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A predominantly labour dispute should generally be transferred to the Industrial Relations Court after case-by-case assessment.
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Jurisdiction — High Court v Industrial Relations Court — transfer of labour disputes; Labour Relations Act s64; case-by-case guidelines for transfer; ancillary non-labour claims do not preclude transfer.
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25 October 2005 |
| May 2005 |
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Buyer entitled to refund of deposit with agreed 50% interest for seller’s prolonged non-delivery of contracted PABX.
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Sale of goods — sale by description and implied conditions; non-delivery and remedies — refund for total failure of consideration; frustration — defence rejected where supplier’s conduct shows procurement and promises; interest on deposit at agreed contractual rate; nominal damages where consequential loss not proved.
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30 May 2005 |
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Conversion to writ disallowed where fraud was alleged from the outset; application dismissed for inordinate delay and non‑prosecution.
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Civil procedure — Originating summons v writ — Order 28 r 8 RSC — Conversion to writ only where fraud arises during proceedings; fraud pleaded at outset precludes conversion — Delay and failure to prosecute — dismissal and costs.
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18 May 2005 |
| April 2005 |
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Buyer’s claim for non-delivery fails where contract was conditional on USG availability and non-delivery was excused by force majeure.
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Contract law — conditional sale agreement — delivery contingent on third party (US Government) availability — force majeure and frustration invoked by administrative/market interference — unsuccessful variation/negotiation does not constitute binding rescission.
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26 April 2005 |
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Plaintiff awarded 15% collection costs where sworn affidavit showed part payment occurred after service and claim was duly pleaded.
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Civil procedure — debt recovery — entitlement to collection costs under Legal Practitioners (Scale and Minimum Charges) Rules — affidavit evidence on date of part payment preferred to unsworn oral submissions — pleading of collection costs.
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12 April 2005 |
| March 2005 |
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Summary judgment refused where triable issues exist on whether defendant was legally liable as agent despite disclosed principals.
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Civil procedure — Summary judgment (Order 14) — Leave to defend where real or substantial question to be tried — Agency — whether defendant was agent at law or only commercial agent — effect of disclosed principal — prior course of dealing and implied liability.
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1 March 2005 |
| February 2005 |
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A taxation review must be conducted by the taxing officer; the applicant failed to comply with Order 62 procedural requirements.
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Civil procedure — taxation of costs — Order 62 RSC (rules 33 and 34) — review of taxing officer’s decision — jurisdiction to review — procedural requirement to file and serve written objections.
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17 February 2005 |
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The respondent held liable for assault and battery by its employee; damages to be assessed by the Registrar.
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Tort — Assault and battery by security guard — Credibility findings — Employer liability for agent’s wrongful act — Assessment of damages — Evidentiary weight of visitor register and witness consistency.
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16 February 2005 |