14610 items matching your search terms
...information), the information that they do have is likely to be of use to Silver Fern Farms. [72] The difficulties associated with inadvertent disclosure were traversed in The Littlewoods Organisation Ltd v Harris. 13 There the English Court of Appeal observed that: 14 11 AEC 14/95, 10 March 1995. 12 At [29]. 13 [1978] 1 All ER 1026. 14 At 1033. It is thus established that an employer can stipulate for...
...claims. I was employed by my next door neighbour, who was the senior partner in the firm, to fill a vacancy soon to occur when the firm’s junior common law solicitor left on his great OE. That was one Rhys Harrison, now a Justice of our Court of Appeal. Rhys and I had a period of overlap of several months as employees of the firm which we both greatly enjoyed. So you can see why I soon naturally drifted towards a practice in maritime law and industrial law. When I think of my...
...the Act. This entitles the plaintiff to “a full hearing of the entire matter” which was before the Authority. The “matter” that was before the Authority was whether it should accept the Union’s referral to facilitation. This is not an appeal in the traditional sense of an examination of the correctness of the Authority’s decision on the facts before it. Rather, a party electing to challenge by hearing de novo is entitled to a consideration of the “matter” (whether...
...not satisfied that she was dismissed by Mr Vohora on 3 May or at a later date. I do however consider that Ms O’Sullivan was unjustifiably constructively dismissed. [44] In Auckland Shop Employees Union v Woolworths (NZ) Ltd, 4 the Court of Appeal identified the following categories of constructive dismissal: (a) The employer gives the employee a choice between resigning or being dismissed; (b) The employer embarks on a course of conduct with the deliberate and dominant pur...
...course, but because the defendant’s concerning conduct is not real estate work, we have no jurisdiction to find, or penalise for, unsatisfactory conduct. [83] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ____________________________...
...debt is satisfied; t) These interests, rights and duties are substantive interests, rights and duties that crystallised on commencement of the legislation in 1987 and are preserved by s 17(1)(b) of the Interpretation Act 1999; u) The Court of Appeal discussed s 18 of the Interpretation Act 1999 in Foodstuffs (Auckland) Limited v Commerce Commission, 18 and qualified its application to where there are existing (vested) interests, rights and duties at the time of the repeal, com...
...intention which they clearly could not have had. The natural and ordinary meaning should not lead to a conclusion that flouts business common sense. [32] I acknowledge Mr Jagose’s submission that this summary was adopted by the Court of Appeal in the context of construing an employment agreement.8 5 At [19]. That must 6At [23]. 7At [61] citing Investors Compensation Scheme Ltd v West Bromwich Building Society (No 1) [1998]...
...$2,000 could be appropriate. We ask the Registrar to arrange a telephone conference with our Chairperson and the parties to discuss procedure towards penalty. [88] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________...
...application for legal aid (and amendment to grant if expecting to exceed the guideline hours for this step) • Reporting to and invoicing for Legal Aid Repeat within 4 months up to 4 hours Repeat within 18 months up to 4.5 hours Step 8: Appeal from Review Tribunal Step Grant Guideline Hours Activities normally covered by Guideline Hours New instructions up to 3 hours For • Receiving initial instructions and identifying legal and factual issues • Preparing application...
...19 This principle has been discussed and accepted in a number of cases arising in the context of legal fee reviews; D’Allessandro $ D’Angelo v Bouloudas and Another [1992] 10 WAR 191; Sharatt v London Central Bus Co. Ltd and other appeals [2003] 4 All ER 590 20 Ibid, at 218lines 40 - 50 and 219 lines 50 - 53 21 Supra, at 211 lines 11 - 32 22 See Section 241 Lawyers and Conveyancers Act 2006, read in conjunction with Sections 11 and 14 17 present in the court o...