All courts - 2014 September

7 judgments
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Results. 7 judgments found.

7 judgments
September 2014
Stay of execution pending appeal denied where applicant failed to prove successful party could not repay the award.
  • Civil procedure — stay of execution pending appeal — party seeking stay must adduce evidence that successful party cannot repay; discretionary balancing of risks; ‘‘broad approach’’ (ruin and prospects of success) not displacing traditional test.
25 September 2014
Employer liable in tort for employee’s severe injury for failing to provide safe workplace, equipment and supervision.
  • Tort Law — Employer’s Duty — Provision of safe workplace, adequate equipment and supervision
25 September 2014
17 September 2014
A creditor's 21‑day demand and non‑payment established grounds for compulsory winding up and appointment of official receiver.
  • Company Law —  Winding Up
    • — Inability to pay debts — Statutory 21‑day demand by creditor and company's failure to pay — Companies Act s 213(3)(a)
    • — Uncontested creditor petition — Effect of respondent's non‑appearance and uncontroverted evidence
16 September 2014
11 September 2014
Applicant’s summary dismissal for taking cooked food without permission found unfair; awarded eight months’ salary compensation.
  • Employment law — unfair dismissal — summary dismissal — proportionality of sanction — disciplinary procedure — mitigation — compensation under Employment Act secs 56–63.
9 September 2014
9 September 2014