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Citation
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Judgment date
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| March 2015 |
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The respondent was entitled to payment for delivered equipment; set-off failed where the appellant hadn't cancelled contracts or proved defects.
Sale of goods — Delivery — Proof of delivery; Set-off (compensatio) — must be pleaded and proved, requires mutual, liquidated and due debts; Contract non-cancellation/mora — precludes set-off for non-delivery; Interest — runs from date of summons where no prior proper demand; Appellate review — will not disturb credible factual findings absent gross unreasonableness.
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30 March 2015 |
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Whether a single fatal stab during a scuffle constitutes actual intent or constructive intent and whether extenuation exists.
Criminal law – murder – distinction between actual and constructive intent – single fatal stab during scuffle – extenuating circumstances – sentence reduction from death to lengthy imprisonment – ownership and use of weapon.
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29 March 2015 |
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Appellant's dismissal for theft and unauthorised vehicle use upheld; reasons and mitigation opportunity found adequate.
Labour law — disciplinary dismissal — sufficiency of reasons in internal disciplinary findings — verdict 'guilty as charged' — proof of theft/fraud via documentary and witness evidence — opportunity to mitigate.
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23 March 2015 |
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Actual delivery triggers the three-month challenge period; apportionment by purchase contribution not contrary to public policy.
[Arbitration] Article 34(3) — receipt means actual delivery; Article 3 and 31 relevant to delivery. [Arbitration] Setting aside awards — public policy ground to be applied restrictively; requires palpable inequity/outrageous injustice. [Property/Lease] Apportionment of rental income may reflect parties' respective purchase contributions where those contributions reflect differing rentable value. [Civil procedure] Time runs from delivery, not mere advice that award is ready for collection.
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18 March 2015 |
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Arbitrator lacked jurisdiction to represent non-parties; damages for unfair dismissal must be supported by evidence.
Labour law — Representation before labour officers vs arbitrators — Jurisdictional limits; Collective Bargaining Agreement — industry classification (agriculture v clothing) as question of fact; Procedural fairness — notice and composition of disciplinary committee; Assessment of damages for unfair dismissal — requirement for evidence on earnings, currency, quantum and mitigation; Irregular awards to non-parties
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9 March 2015 |
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High Court properly granted leave to sue under s 4(1) Administrative Justice Act; appeal dismissed with costs.
Administrative law – Administrative Justice Act s 4(1) – application to High Court not confined to Order 33 review form; Review – High Court Act ss 26–27 – review may be pursued under other statutes; Judicial intervention – circumstances permitting court to decide rather than remit (foregone conclusion, prejudice from delay, bias/incompetence, court as well placed to decide); Costs – partial costs justified where alternative relief succeeded
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5 March 2015 |