Issues . Courts have a discretion to treat strike out applications as an application for summary judgment Maintained • . The appellant’s counsel pointed out that, unlike in the case of a summons in respect of which rule 17(6)(a) provides for an application to strike out any argumentative, irrelevant, superfluous or contradictory matter contained therein, a similar provision in respect of motion proceedings is conspicuously absent. A strike is when two or more employees employed or formally employed by an employer conduct in a certain way as part of the workplace bargaining process. Strike out applications in the Supreme Court . Found in: Arbitration. Free Practical Law trial To access this resource, sign up for a free trial of Practical Law. Early dismissal, summary dismissal and strike out in arbitration proceedings Practice notes. [6] Although the Tribunal in Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 recently considered the application of the 2010 legislation to proceedings before the Tribunal, it has not yet had cause to consider the application of the earlier 1950 Act. There are offences associated with failure to withdraw an application. (8) The provisions of subsections (2) and (6) do not apply to any act in contemplation or in furtherance of a strike or a lock-out, if that act is an offence. Industrial action is defined in the Industrial Relations Act 2016 as a "lockout or strike". Home » special pleas, exceptions and applications to strike out special pleas, exceptions and applications to strike out Zim Assist (Private) Limited & Anor v The Minister of Primary and Secondary Education (HH 383-20, HC 1275/17) [2020] ZWHHC 383 (11 June 2020); This decision deals with whether: • the filing of particulars of claim amounts to an amendment of an old Act application; and • a statement that the application is made ‘on behalf of the Dieri People’ alone The basis of the claim was an unlawful means conspiracy based on breach of an agreement it was claimed by the shareholders should be implied governing the banking relationship, and which embodied obligations of RBS to act in good faith. Section 1009 of the Companies Act 2006 contains the full circumstances that mean you must withdraw an application for strike off. A strike out application does not consider the evidence on the claim. GUIDELINES ON APPLICATION TO STRIKE OFF THE NAME OF A COMPANY UNDER SECTION 550 OF THE COMPANIES ACT 2016 1. It is not permitted under the Civil Procedure Act 2010 to bring a strike-out application as a strategic device for … Justices Act 1886 - Form 27D Author: brassingtonjm Subject: Form Keywords: Justices Act 1886, Form 27D, Notice of application to strike out appeal, District Court of Queensland, Section 222, Section 229(1) Created Date: 12/18/2008 8:06:44 AM The effect of a successful strike out application can provide a party with a valuable opportunity to seek summary judgment, thereby saving the expense and delay of a trial. A quick guide to strike out applications which can be used by parties and the courts to dispose of cases. Introduction Section 550 of the Companies Act 2016 (CA 2016) provides a procedure for a company to be dissolved without having to undertake the formal process of winding up. Strike out — old Act application Dieri People v South Australia [2002] FCA 187 Mansfield J, 31 March 2003 .
Company Names Tribunal strikes out application as no evidence of respondent's motivesby PLC IPIT & CommunicationsRelated ContentAn update on the Company Names Tribunal decision to strike out an application under section 69 of the Companies Act 2006 as the applicant had not shown what the respondent's motive was under section 69(5) to counter its defence.Free Practical Law trialTo access … it focuses on the statements of case, which includes Further Information and Clarification which may have been served.
It may be effected when the Registrar exercises his power under [7] Jurisdiction to strike out proceedings must be addressed first.
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