RESERVED JUDGMENT Delivered on: 29 January I shall in this matter refer to the parties as plaintiff and defendant.

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "RESERVED JUDGMENT Delivered on: 29 January 2008. I shall in this matter refer to the parties as plaintiff and defendant."

Transcription

1 IN THE HIGH COURT OF SOUTH AFRICA DURBAN AND COAST LOCAL DIVISION 6236/2007 BERNICE VIOLET COLLINS PLAINTIFF versus SERCO INDUSTRIES (PTY) LTD DEFENDANT RESERVED JUDGMENT Delivered on: 29 January 2008 NTSHANGASE, J [1] This was an argument on a special plea. I shall in this matter refer to the parties as plaintiff and defendant. In an action brought in her personal capacity and in a capacity as mother and natural guardian of minor children, the plaintiff claims an amount of R as damages as a result of the death of Clive Lesley Collins ( the deceased ) when he, within the course and scope of his employment with the defendant, was engulfed in flames caused by welding operations conducted by defendant s employee RD Manickum in a spray booth where he was, in a manner, as averred by plaintiff, in which the defendant and its employees in breach of defendant s obligations in terms of the implied terms of a contract of employment concluded orally, deliberately acted wrongfully and unlawfully, alternatively negligently as described in plaintiff s pleadings. 1

2 [2] The defendant has raised a special plea and prayed for dismissal of the action with reference to section 35(1) of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993, ( the Act ) which provides as follows: No action shall lie by an employee or any dependant of an employee for the recovery of damages in respect of any occupational injury or disease resulting in the disablement or death of such employee against such employee s employer, and no liability for compensation on the part of such employer shall arise save under the provisions of this Act in respect of such disablement or death. [3] I have been referred to various authorities including Kau v Fourie 1971(3) SA 623 (T) which was decided in terms of the provisions of section 7(a) of the repealed Workmen s Compensation Act, No. 30 of 1941 which contained provisions similar to those of section 35(1) of the Act. [4] There is no dispute that the deceased was the defendant s employee, that the plaintiff and the minor children, were dependants of the deceased and that the deceased s death was the result of an occupational injury. The latter touches on plaintiff s contention that it resulted from the wrongdoing of the defendant. [5] As Ms Naidoo for the plaintiff submitted, we are not dealing simply with a case that does not fall within the ambit of the Compensation Act. We are dealing with a case that does fall within the ambit, but that in addition to that she is entitled to institute a claim for the damages 2

3 against the employer on the basis of deliberate wrongdoing. As did the facts in Kau s case, the facts in this case do not take the matter out of the ambit of the Act. There is no distinction between the two cases. Those were her submissions. [6] In Kau an employee claimed damages for assault by his employer who was angered after the employer s vehicle driven by the employee was damaged in a collision. Viljoen J decided the case of Kau on the basis of an acceptance that the incident in that case was an accident which arose out of and in the course of a workman s employment and resulting in personal injury. Section 7(a) of the Workman s Compensation Act precluded liability of the employer as does section 35(1) of the Act, by reason of lack of causal connection between the incident and the employment. As pointed out by Mr Jeffrey, for the defendant, the court referred to and applied Minister of Justice v Khoza 1966(1) SA 410 (AD) where Rumpff JA (as he then was) postulated certain exceptions to section 7(a) of the Workmen s Compensation Act, without an attempt to trace them. [7] Ms Naidoo, for the plaintiff advanced the following proposition cited from Thompson and Benjamin, South African Labour Law, Vol 2 H1 35 : However, an employee is not prevented from claiming damages where the accident results from the deliberate wrongdoing of the employer. Mr Jeffrey cites this proposition as follows from Lawsa Vol 30, First Re issue para 288 at fn 12 : 3

4 Where however, an employee has been injured unlawfully, not by reason of the service relationship but by the wrongful and unlawful act of his employer, he may sue the latter at common law. [8] It is this, as submitted on behalf of the Plaintiff, which removes the case from the ambit of section 35(1) of the Act. Mr Jeffrey argued that whereas on the facts of Kau, the causal connection did not exist, in the present case it does and he pointed to the circumstances of the incident which have been explicitly pleaded by the plaintiff in the present case as follows: At all material times welding operations within the spray booth was the norm at the defendant s premises, alternatively a deliberate and standard practice authorised by Holscroft and Govender. Holscroft was the Managing Director of the defendant and Govender the Supervisor and Safety Officer of the defendant. [9] In my view, if one wilfully, wrongfully and unlawfully engulfed another in flames by engagement in welding operations in a spray booth, the fact that such an act is perpetrated where welding is normally done and is standard practice, would not affect the motive and would also not by itself absolve the perpetrator from liability. [10] The position as it appears to me from a reading of the plaintiff s pleadings postulates a position that while welding in the spray booth was the norm and standard practice, the deceased s engulfment in flames has its cause in that the defendant and its employees deliberately acted wrongfully and unlawfully as described in the 4

5 pleadings. That, in my view is an issue which I consider to be an exception proper to remove the act imputed to the defendant and its employees from the ambit of section 35(1) of the Act. In my view the interests of justice will be best served by the ventilation of the issue in court so that the motive, if any, of the defendant and its employees may be considered from the evidence before court, and in order to determine from such evidence whether or not the plaintiff s case in fact falls within that exception. [11] I accordingly make the following order: i) The determination of the issue raised in the special plea is deferred for oral evidence to be heard. ii) Costs are reserved. 5

6 Date of Hearing: 30 November 2007 Date of Judgment: 29 January 2008 Counsel for the plaintiff: Instructed by: Adv LR Naidoo Jay Reddy Attorneys Counsel for the first defendant: Adv AG Jeffrey Instructed by: Carl Van der Merwe & Associates 6

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...

More information

DENEYS REITZ CASE LAW UPDATE November 2008

DENEYS REITZ CASE LAW UPDATE November 2008 DENEYS REITZ CASE LAW UPDATE November 2008 SUBROGATION: CAN INSURER SUE IN ITS OWN NAME WITHOUT CESSION? 1. Rand Mutual Assurance Co Ltd v Road Accident Fund, a Supreme Court of Appeal judgment delivered

More information

SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5

SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 Date: 20160105 Docket: Hfx No. 241129 Registry: Halifax Between: Cindy June Webber v. Plaintiff Arthur Boutilier and Dartmouth Central

More information

IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG

IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 20794/2014 In the matter between: ESTEE BUNTON PIETER BUNTON FIRST APPELLANT SECOND APPELLANT and W A COETZEE AUTO & GENERAL

More information

STANDARD CHARTERED BANK OF BOTSWANA LIMITED. Mr. B. Maripe for the Plaintiff i Mr. B.M. Marumo (with him Mr. M. Makopo) for the Defendant ii

STANDARD CHARTERED BANK OF BOTSWANA LIMITED. Mr. B. Maripe for the Plaintiff i Mr. B.M. Marumo (with him Mr. M. Makopo) for the Defendant ii IN THE HIGH COURT OF BOTSWANA HELD AT LOBATSE In the matter between: BAKOMBEDZI BOITUMELO CVHLB-000230-10 PLAINTIFF and STANDARD CHARTERED BANK OF BOTSWANA LIMITED DEFENDANT Mr. B. Maripe for the Plaintiff

More information

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA NOLILI PATRICIA LINDIWE MOKOENA BOPA-LESEDI DEVELOPMENT (PTY) LTD

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA NOLILI PATRICIA LINDIWE MOKOENA BOPA-LESEDI DEVELOPMENT (PTY) LTD FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA In the matter between:- Case No.: 6202/2010 NOLILI PATRICIA LINDIWE MOKOENA N.O. NGANGELIZWE JACK SIZANE N.O. NOLILI PATRICIA LINDIWE MOKOENA

More information

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA 1 NOT REPORTABLE IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA JOHANNESBURG CASE NO: 46854/2009 DATE: 29/04/2011 DELETE WHICHEVER IS NOT APPLICABLE REPORTABLE: YES/NO OF INTEREST TO OTHER JUDGES: YES/NO

More information

WCAT WCAT. Legal Action Guide. Section 257 Certificate. Workers Compensation Appeal Tribunal. Workers Compensation Appeal Tribunal

WCAT WCAT. Legal Action Guide. Section 257 Certificate. Workers Compensation Appeal Tribunal. Workers Compensation Appeal Tribunal WCAT Workers Compensation Appeal Tribunal Section 257 Certificate WCAT Workers Compensation Appeal Tribunal This (Section 257 Certificate) answers questions you may have as a defendant or plaintiff/claimant

More information

THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT

THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT REPUBLIC OF SOUTH AFRICA Reportable THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT CASE NO: JR 1825/12 In the matter between: PUBLIC SERVANTS ASSOCIATION OF SOUTH AFRICA obo DD MALEPE Applicant

More information

IN THE HIGH COURT OF LESOTHO. (Commercial Division) NEDBANK LESOTHO LIMITED. TSELISO CLOVIS MANYELI t/a COPY SHOP JUDGMENT

IN THE HIGH COURT OF LESOTHO. (Commercial Division) NEDBANK LESOTHO LIMITED. TSELISO CLOVIS MANYELI t/a COPY SHOP JUDGMENT IN THE HIGH COURT OF LESOTHO (Commercial Division) CCT/42/2010 In the matter between:- NEDBANK LESOTHO LIMITED APPLICANT And TSELISO CLOVIS MANYELI t/a COPY SHOP RESPONDENT JUDGMENT Coram : Honourable

More information

IN THE NORTH WEST HIGH COURT, MAFIKENG LENTIKILE DAVID PHETE JUDGMENT. [1] This is an action instituted by Lentikile David Phete, a major male

IN THE NORTH WEST HIGH COURT, MAFIKENG LENTIKILE DAVID PHETE JUDGMENT. [1] This is an action instituted by Lentikile David Phete, a major male SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE NORTH WEST HIGH COURT, MAFIKENG In the matter

More information

Case Name: Trainor v. Barker

Case Name: Trainor v. Barker Page 1 Case Name: Trainor v. Barker Between Patricia Trainor, David Bruce Trainor, Carl Phillip Trainor and Deanna Rachael Trainor by her litigation guardian Patricia Trainor, Plaintiffs, and Aaron Gary

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

More information

CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE

CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE CASE EXAMPLES CONTRACTUAL INDEMNITIES & OBLIGATIONS TO INSURE NSW Arabian Horse Association Inc v Olympic Coordination Authority [2005] NSWCA 210 New South Wales Court of Appeal, 23 June 2005 Facts The

More information

IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN

IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO In the matter between:- EDDIE SITHOLE Case No.

More information

CHAPTER 99: 05 ACCIDENTAL DEATHS AND PERSONAL INJURIES (DAMAGES) ACT ARRANGEMENT OF SECTIONS PART I

CHAPTER 99: 05 ACCIDENTAL DEATHS AND PERSONAL INJURIES (DAMAGES) ACT ARRANGEMENT OF SECTIONS PART I LAWS OF GUYANA 3 CHAPTER 99: 05 ACCIDENTAL DEATHS AND PERSONAL INJURIES (DAMAGES) ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART I 3. Cause of action when death is caused by

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668.

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.i.8, as amended, and Ontario Regulation 668. AND IN THE MATTER OF the Arbitration Act, S.O. 1991, c.17 AND IN THE MATTER OF AN ARBITRATION BETWEEN: STATE

More information

respondents ( the respondents ) in the following terms:

respondents ( the respondents ) in the following terms: Reportable IN THE KWAZULU-NATAL HIGH COURT, DURBAN REPUBLIC OF SOUTH AFRICA Case: 13335/2009 In the matter between: RODEL FINANCIAL SERVICE (PTY) LTD Applicant vs YOGANANDA DHANAPAL NAIDOO First Respondent

More information

JENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman)

JENNIFER (COLMAN) JACOBI MMG INSURANCE COMPANY. in the Superior Court (Hancock County, Cuddy, J.) in favor of Jennifer (Colman) MAINE SUPREME JUDICIAL COURT Decision: 2011 ME 56 Docket: Han-10-526 Argued: April 12, 2011 Decided: May 10, 2011 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR,

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. v. : No. 3:00CV0459(RNC) RULING AND ORDER. This case presents the question whether an employer s

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. v. : No. 3:00CV0459(RNC) RULING AND ORDER. This case presents the question whether an employer s UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RELIANCE NATIONAL INSURANCE CO., : Plaintiff, : v. : No. 3:00CV0459(RNC) JONATHON VITALE, LYNN VITALE : and RAVIZZA BROTHERS, INC., Defendants. : RULING

More information

IN THE LABOUR COURT SOUTH AFRICA HELD IN JOHANNESBURG

IN THE LABOUR COURT SOUTH AFRICA HELD IN JOHANNESBURG IN THE LABOUR COURT SOUTH AFRICA HELD IN JOHANNESBURG In the matter between: Case Number: JR911/05 KLOOF GOLD MINE A DIVISION OF GOLDFIELDS MINING SA (PTY) LTD and COMMISSION FOR CONCILIATION MEDIATION

More information

COMPENSATION FOR INJURIES ACT

COMPENSATION FOR INJURIES ACT COMPENSATION FOR INJURIES ACT CHAPTER 8:05 Act 26 of 1896 Amended by 6 of 1976 50 of 1976 17 of 1981 *22 of 1981 36 of 1997 *See Note on Amendment at page 2 Current Authorised Pages Pages Authorised (inclusive)

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Richard v. British Columbia, 2014 BCSC 1290 William Joseph Richard and W.H.M. Date: 20140714 Docket: S024338 Registry: Vancouver Plaintiffs

More information

IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION)

IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) IN THE HIGH COURT OF SOUTH AFRICA (EAST LONDON CIRCUIT LOCAL DIVISION) Case No: 454/2005 In the matter between: JOHN PAGE PLAINTIFF and FIRST NATIONAL BANK MICHAEL M RIES FIRST DEFENDANT SECOND DEFENDANT

More information

Termination of employment legislation digest

Termination of employment legislation digest Please note that this country profile might not reflect the current state of the law on termination of employment. For updated information, you are invited to consult the EPLex database. Termination of

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COPLEY ASSOCIATES, LTD., DECEMBER TERM, 2005 Plaintiff, NO. 01332 v. COMMERCE PROGRAM ERIE

More information

FREDERICK I. WEINBERG, ESQUIRE, Attorney for the Plaintiff ROBERT J. MENAPACE, ESQUIRE, Attorney for the Defendant OPINION

FREDERICK I. WEINBERG, ESQUIRE, Attorney for the Plaintiff ROBERT J. MENAPACE, ESQUIRE, Attorney for the Defendant OPINION NORGUARD INSURANCE, Individually and as Subrogee on behalf of K CAB COMPANY and K CAB COMPANY, vs Plaintiff CLASSY II, INC. dba THE WASHERY SYSTEM aka THE WASHERY CAR WASH, IN THE COURT OF COMMON PLEAS

More information

THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT

THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT REPUBLIC OF SOUTH AFRICA Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, IN JOHANNESBURG JUDGMENT CASE NO: JS 886/09 In the matter between: R E KUTUMA M M MONYAMA N S NKADIMENG First Applicant

More information

SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case

SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case SPECIAL REPORT TRAIN INJURY CASE Protect Your Rights: 7 Mistakes That Can Derail Your Train Injury Case If you are employed in the train industry, you should be aware of what to do should you become injured

More information

JUDGMENT. [1] This is an opposed review application in which the applicants seek to review

JUDGMENT. [1] This is an opposed review application in which the applicants seek to review IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG REPORTABLE CASE NO: JR1239/08 In the matter between: NATIONAL UNION OF MINEWORKES NDLELA R M 1 ST APPLICANT 2 ND APPLICANT AND COMMISSION FOR CONCILIATION,

More information

Road Accident Fund Act 56 of 1996 (RAFA)

Road Accident Fund Act 56 of 1996 (RAFA) Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws

More information

IN THE INCOME TAX SPECIAL COURT. The Honourable Mr Justice LI Goldblatt CASE NO 1990 JUDGMENT. JOHANNESBURG 11 February 2004

IN THE INCOME TAX SPECIAL COURT. The Honourable Mr Justice LI Goldblatt CASE NO 1990 JUDGMENT. JOHANNESBURG 11 February 2004 IN THE INCOME TAX SPECIAL COURT BEFORE The Honourable Mr Justice LI Goldblatt President AC Geake Account Member MC van Blerck Commercial Member In the appeal of WAC (PTY) LIMITED CASE NO 1990 (Heard at

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Case number : 280/03 Reportable In the matter between : F F HOLTZHAUSEN APPELLANT and ABSA BANK LIMITED RESPONDENT CORAM : HARMS, NAVSA, BRAND, CLOETE, HEHER

More information

THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) BP SOUTHERN AFRICA (PTY) LTD

THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) BP SOUTHERN AFRICA (PTY) LTD THE LABOUR COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) CASE NO. J 841/09 In the matter between: BP SOUTHERN AFRICA (PTY) LTD Applicant and THE NATIONAL BARGAINING COUNCIL FOR THE CHEMICAL INDUSTRY 1 ST

More information

IN THE INDUSTRIAL COURT OF SWAZILAND JUDGEMENT

IN THE INDUSTRIAL COURT OF SWAZILAND JUDGEMENT IN THE INDUSTRIAL COURT OF SWAZILAND JUDGEMENT CASE NO. 193/2010 In the matter between:- PATRICK NGWENYA APPLICANT AND AUDITOR GENERAL THE ATTORNEY GENERAL 1 ST RESPONDENT 2 ND RESPONDENT In re: PATRICK

More information

Claim notification form (PL1)

Claim notification form (PL1) This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (PL1) Low value personal injury claims in public liability accidents

More information

FATAL ACCIDENTS ACT CHAPTER 32 CAP. 32. Fatal Accidents LAWS OF KENYA

FATAL ACCIDENTS ACT CHAPTER 32 CAP. 32. Fatal Accidents LAWS OF KENYA CAP. 32 LAWS OF KENYA FATAL ACCIDENTS ACT CHAPTER 32 Revised Edition 2012 [2003] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012]

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION COPLEY ASSOCIATES, LTD., DECEMBER TERM, 2005 Plaintiff, NO. 01332 v. COMMERCE PROGRAM ERIE

More information

IN THE COURT OF APPEAL BETWEEN AND. THE PRESIDENTIAL INSURANCE COMPANY LIMITED Defendant/ Respondent (BY COUNTERCLAIM)

IN THE COURT OF APPEAL BETWEEN AND. THE PRESIDENTIAL INSURANCE COMPANY LIMITED Defendant/ Respondent (BY COUNTERCLAIM) TRINIDAD AND TOBAGO IN THE COURT OF APPEAL C.A. 101 of 2011 Claim No. CV 2006-00454 BETWEEN SHIROON MOHAMMED SAIHEED MOHAMMED NAIM MOHAMMED Appellants/ Claimants AND THE PRESIDENTIAL INSURANCE COMPANY

More information

By Marco Schepers Associate BCom LLB

By Marco Schepers Associate BCom LLB Health and Safety in the Workplace: A South African Perspective Is the Employer s Obligation to Provide a Safe Working Environment a Satisfactory Position? By Marco Schepers Associate BCom LLB 1. Introduction

More information

Case no: 183/2013. Date heard: 14.2.2013. Order given: 15.2.2013

Case no: 183/2013. Date heard: 14.2.2013. Order given: 15.2.2013 1 IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE, GRAHAMSTOWN Case no: 183/2013 Date heard: 14.2.2013 Order given: 15.2.2013 In the matter between: G J U Applicant and B U (born Van Der Watt) Respondent

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0776 444444444444 CHAPMAN CUSTOM HOMES, INC., AND MICHAEL B. DUNCAN, TRUSTEE OF THE M. B. DUNCAN SEPARATE PROPERTY TRUST, PETITIONERS, v. DALLAS PLUMBING

More information

THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT. KAREN HARRIET ELEY (formerly MEMMEL) MTHIYANE, LEWIS, PONNAN JJA, HURT AND KGOMO AJJA

THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT. KAREN HARRIET ELEY (formerly MEMMEL) MTHIYANE, LEWIS, PONNAN JJA, HURT AND KGOMO AJJA THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT REPORTABLE CASE NO: 614/2006 In the matter between KAREN HARRIET ELEY (formerly MEMMEL) APPELLANT and LYNN & MAIN INC RESPONDENT CORAM: MTHIYANE,

More information

IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) Linda Erasmus Properties Enterprise (Pty) Ltd Applicant. Lucky Mhlongo First Respondent

IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) Linda Erasmus Properties Enterprise (Pty) Ltd Applicant. Lucky Mhlongo First Respondent IN THE LABOUR COURT OF SOUTH AFRICA (HELD IN JOHANNESBURG) CASE NUMBER: J 1604/04 In the matter between: Linda Erasmus Properties Enterprise (Pty) Ltd Applicant and Lucky Mhlongo First Respondent The commission

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

CHAPTER 193A ACCIDENT COMPENSATION (REFORM) 1980-60

CHAPTER 193A ACCIDENT COMPENSATION (REFORM) 1980-60 CHAPTER 193A ACCIDENT COMPENSATION (REFORM) 1980-60 This Act came into operation on 22nd January, 1981 by Proclamation (S.I. 1981 No. 9). Amended by: This Act has not been amended Law Revision Orders The

More information

FATAL ACCIDENTS CHAPTER 71 FATAL ACCIDENTS ARRANGEMENT OF SECTIONS

FATAL ACCIDENTS CHAPTER 71 FATAL ACCIDENTS ARRANGEMENT OF SECTIONS [CH.71 1 CHAPTER 71 ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Action maintainable notwithstanding death of person injured. 4. Persons for whose benefit action may be brought.

More information

WORKCOVER DIVISION Case No. E12850768 --- S GARNETT MELBOURNE REASONS FOR RULING ---

WORKCOVER DIVISION Case No. E12850768 --- S GARNETT MELBOURNE REASONS FOR RULING --- !Undefined Bookmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE WORKCOVER DIVISION Case No. E12850768 CHERYL ANN COWIE Plaintiff v ELYNWOOD PTY LTD Defendant --- MAGISTRATE: S GARNETT WHERE HELD:

More information

Restrictions on Tort Claims Under the Workers Compensation Act

Restrictions on Tort Claims Under the Workers Compensation Act Restrictions on Tort Claims Under the Workers Compensation Act by D. Lawrence Munn and Krista Prockiw at Clark Wilson LLP 800-885 West Georgia Street Vancouver, BC V6C 3H1 Canada Tel. 604.687.5700 Fax

More information

IN THE HIGH COURT of FIJI AT LABASA, CIVI JURISDICTION. Civil Action No: 52/09 BETWEEN: PRATAP CHAND of Buca, Savusavu.

IN THE HIGH COURT of FIJI AT LABASA, CIVI JURISDICTION. Civil Action No: 52/09 BETWEEN: PRATAP CHAND of Buca, Savusavu. IN THE HIGH COURT of FIJI AT LABASA, CIVI JURISDICTION Civil Action No: 52/09 BETWEEN: PRATAP CHAND of Buca, Savusavu. PLAINTIFF AND: MASTER BUILDERS & JOINERY LIMITED a limited liability company having

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT [2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN

More information

RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v.

RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v. COURT FILE NO.: 4022A/07 (Milton) DATE: 20090401 SUPERIOR COURT OF JUSTICE - ONTARIO RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO Defendants

More information

Duty of Care. Kung Fu Instructor in Training Program. Shaolin Guardian Network

Duty of Care. Kung Fu Instructor in Training Program. Shaolin Guardian Network Duty of Care Kung Fu Instructor in Training Program Shaolin Guardian Network Negligence This civil wrong is most importance to all professional groups, as far as being a source of potential legal action.

More information

IN THE HIGH COURT OF JUSTICE

IN THE HIGH COURT OF JUSTICE ST VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE CIVIL SUIT NO.138 OF 1994 BETWEEN: ALFRED JACKSON As Administrator of the Estate of ENNIS JACKSON Plaintiff and Appearances: Mr Arthur Williams

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent

More information

SUMMARY. Negligence (duty of care) (occupational health and safety); Negligence (worker); Transfer of costs.

SUMMARY. Negligence (duty of care) (occupational health and safety); Negligence (worker); Transfer of costs. SUMMARY DECISION NO. 710/94 Negligence (duty of care) (occupational health and safety); Negligence (worker); Transfer of costs. The accident employer appealed a decision which refused the accident employer's

More information

--- Magistrate B Wright. Melbourne REASONS FOR DECISION ---

--- Magistrate B Wright. Melbourne REASONS FOR DECISION --- !Undefined Bookmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE X02556418 MARCUS NICOLAIDIS Plaintiff v MEDIA V PTY LTD Defendant --- MAGISTRATE: Magistrate B Wright WHERE HELD: Melbourne DATE

More information

CHAPTER 5 THE GOVERNMENT PROCEEDINGS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART II SUBSTANTIVE LAW

CHAPTER 5 THE GOVERNMENT PROCEEDINGS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART II SUBSTANTIVE LAW CHAPTER 5 THE GOVERNMENT PROCEEDINGS ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title. 2. Interpretation. PART II SUBSTANTIVE LAW 3. Liability

More information

ROAD ACCIDENT FUND AMENDMENT BILL

ROAD ACCIDENT FUND AMENDMENT BILL REPUBLIC OF SOUTH AFRICA ROAD ACCIDENT FUND AMENDMENT BILL (As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No. 25540 of 3 October

More information

Claim notification form (ELD1)

Claim notification form (ELD1) This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (ELD1) Low value personal injury claims in employers liability -

More information

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC

More information

MARCH 2013. Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013) Page. 1 Employers Liability Contributory Negligence

MARCH 2013. Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013) Page. 1 Employers Liability Contributory Negligence Page 1 Employers Liability Contributory Negligence 2 Employers Liability Mesothelioma MARCH 2013 4 Fraud Death by Dangerous Driving Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013)

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN

IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION, BLOEMFONTEIN SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA FREE STATE DIVISION,

More information

Independent Living Insurance. Policy Summary

Independent Living Insurance. Policy Summary Independent Living Insurance Policy Summary Independent Living Insurance This summary does not contain the full terms and conditions of your policy. Please refer to your policy document for the full terms

More information

BERMUDA WORKMEN S COMPENSATION RULES OF COURT 1965 SR&O 14 / 1966

BERMUDA WORKMEN S COMPENSATION RULES OF COURT 1965 SR&O 14 / 1966 QUO FA T A F U E R N T BERMUDA WORKMEN S COMPENSATION RULES OF COURT 1965 SR&O 14 / 1966 [made under section 41 of the Workmen s Compensation Act 1965 brought into operation on 2 August 1965] TABLE OF

More information

LYDIA MAPHOKA LEKHEHLE

LYDIA MAPHOKA LEKHEHLE IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) Case No. : 6765/08 In the appeal between:- LYDIA MAPHOKA LEKHEHLE Appellant and ROAD ACCIDENT FUND Respondent HEARD ON: 10 MAY

More information

IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant

IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike out the

More information

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY AVIS RENT A CAR SYSTEM, LLC, Plaintiff, v. C.A. No.: CPU4-13-001143 COLLEEN HOLLY, Defendant/Third-Party Plaintiff, v.

More information

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc.

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc. STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CNILACTION Docket No. CV-06-404.' ~ 1\": \,.'" l,} \'}\ - / -~_..~'jl, --f'i 'j - C ~ ~, DONALD l. GARBRECHT v. ORDER LAW LIBRARY ROBERT HUTTON, et al, FEB

More information

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth Historically, at common law, a plaintiff was not obliged to accept a structured settlement,

More information

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Lombard Insurance Co Ltd v City of Cape Town [2007] JOL 20661 (SCA) Issue Order CASE NO: 441/06 Reportable In the matter between: LOMBARD INSURANCE COMPANY

More information

Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA)

Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) Topic: Labour/Health and Safety IN A CALABASH Introduction Unfortunately, accidents in the workplace do happen. This may be due

More information

NO. COA06-1647 NORTH CAROLINA COURT OF APPEALS. Filed: 4 December 2007. Appeal by plaintiff from Opinion and Award of the North Carolina Industrial

NO. COA06-1647 NORTH CAROLINA COURT OF APPEALS. Filed: 4 December 2007. Appeal by plaintiff from Opinion and Award of the North Carolina Industrial An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3)

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT ANDRE VERNON OOSTHUIZEN

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT ANDRE VERNON OOSTHUIZEN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case no: 258/10 In the matter between: ANDRE VERNON OOSTHUIZEN Appellant and ROAD ACCIDENT FUND Respondent Neutral citation: Oosthuizen v Road Accident

More information

THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT

THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT REPUBLIC OF SOUTH AFRICA Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 376/2012 In the matter between: Deon DU RANDT Applicant and ULTRAMAT SOUTH

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

WORKERS' COMPENSATION APPEALS TRIBUNAL DECISION NO. 106

WORKERS' COMPENSATION APPEALS TRIBUNAL DECISION NO. 106 DECISION NO. 106 IN THE MATTER OF an action commenced in the Supreme Court of Ontario, as Action No. 50-85; AND IN THE MATTER OF an application pursuant to Section 15 of the Workers' Compensation Act,

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION WHISKEY TANGO, INC., MAY TERM, 2006 Plaintiff, NO. 3026 v. COMMERCE PROGRAM UNITED STATES

More information

SETTLEMENT AGREEMENT AND RELEASE

SETTLEMENT AGREEMENT AND RELEASE SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into by and between: "Plaintiffs" "Defendants" Insurer Recitals A. Plaintiffs filed

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

(Filed 19 December 2000) 1. Insurance--automobile--parent s claim for minor s medical expenses--derivative of child s claim

(Filed 19 December 2000) 1. Insurance--automobile--parent s claim for minor s medical expenses--derivative of child s claim ROBERTA HOLT, Guardian Ad Litem for MARY ELIZABETH HOLT, a minor; and ROBERTA HOLT, Plaintiffs, v. ATLANTIC CASUALTY INSURANCE COMPANY, Defendant No. COA99-1481 (Filed 19 December 2000) 1. Insurance--automobile--parent

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: 410727 B.C. Ltd. et al. v. Dayhu Investments Ltd. et al., 2003 BCSC 1142 Between: 410727 B.C. Ltd., Walline Ltd., Minoru Investments Ltd., and Y.H. Canadian

More information

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY. Submitted: October 15, 2013 Decided: November 12, 2013

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY. Submitted: October 15, 2013 Decided: November 12, 2013 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MARION F. RUBA, Plaintiff, C.A. NO. N12C-02-159 ALR v. JURY TRIAL DEMANDED STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Workmen's Compensation Act 1923. FAO No.268/2004 RESERVED ON : 13.03.2008

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Workmen's Compensation Act 1923. FAO No.268/2004 RESERVED ON : 13.03.2008 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Workmen's Compensation Act 1923 FAO No.268/2004 RESERVED ON : 13.03.2008 DATE OF DECISION 19.03.2008 The New India Assurance Co. Ltd.... Through: Appellant

More information

APPENDIX B. Adult Check here if the intern is an adult. Minor Check here if the intern is a minor.

APPENDIX B. Adult Check here if the intern is an adult. Minor Check here if the intern is a minor. APPENDIX B Adult Check here if the intern is an adult. Minor Check here if the intern is a minor. IMPORTANT: ALL ADULT INTERNS AGREE: [Insert Name] ( Intern ), by my own request, desire to participate

More information

DECISION WITH RESPECT TO PRELIMINARY ISSUE

DECISION WITH RESPECT TO PRELIMINARY ISSUE IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990 c. I.8, as amended AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, c.17, as amended BETWEEN: AND IN THE MATTER OF AN ARBITRATION WAWANESA MUTUAL INSURANCE

More information

Civil Wrongs (Liability of the State) Law, 5712 1952

Civil Wrongs (Liability of the State) Law, 5712 1952 The 1952 law presented here is the official English translation. The approved 2005 amendments are printed in bold italics and were translated by Adalah. Civil Wrongs (Liability of the State) Law, 5712

More information

Cohen. Battisti LEGAL ASSIGNMENT OF INSURANCE BENEFITS Attorneys at Law INSIDER SECRETS: ! 2%34/2!4)/.

Cohen. Battisti LEGAL ASSIGNMENT OF INSURANCE BENEFITS Attorneys at Law INSIDER SECRETS: ! 2%34/2!4)/. Cohen INSIDER SECRETS: Battisti LEGAL Attorneys at Law ASSIGNMENT OF INSURANCE W R O N G F U L D E AT H BENEFITS! 2%34/2!4)/. 1211 ORANGE AVENUE, SUITE 200 WINTER PARK, FLORIDA 32789 #/-0!.9 3 '5)$% 4

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT ` THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: JUDGMENT Not Reportable Case No: 20157/2014 UTi SOUTH AFRICA (PROPRIETARY) LIMITED APPELLANT and TRIPLE OPTION TRADING 29 CC RESPONDENT

More information

SUBROGATION AND REIMBURSEMENT ACKNOWLEDGEMENT

SUBROGATION AND REIMBURSEMENT ACKNOWLEDGEMENT SUBROGATION AND REIMBURSEMENT ACKNOWLEDGEMENT I acknowledge receipt of a copy of the attached Subrogation and Reimbursement provisions contained in the Operating Engineers Local #49 Health and Welfare

More information

Accidents. Added motoring peace-of-mind. This is your AA Added Value for. Introduction. Membership Handbook

Accidents. Added motoring peace-of-mind. This is your AA Added Value for. Introduction. Membership Handbook Added motoring peace-of-mind This is your AA Added Value for Accidents Membership Handbook Introduction As a Member of the AA, you know you get so much more than the average roadside assistance service

More information