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action vs blundell case

21 Dec
2020

Grimsby Town vs Scunthorpe United live score updates: All the action from the derby at Blundell Park. the applicant repeats and relies upon Grounds 1 to 3 above; the Statutory Insurance Policy requires the first respondent to indemnify the applicant up to a maximum value of $200,000 for the painter’s failure to properly perform the written agreement; 2003 on its proper construction contemplates that the quantum of assistance the first respondent must provide the applicant is “the reasonable cost of, the residential construction work” according to the terms of the applicant’s written agreement with the painter (emphasis added); and. A “reviewable matter” is, among other things, a decision. If we already have the document in our database, you will not be charged The Queensland Judgments website is a joint initiative of the Incorporated Council of Law Reporting 23 Id. Under the flat-rate plan, we pass these fees on to your Dr. Blundell has a B.S. unlocked a house, which was later burgled by thieves. About a month later the application was amended to refer to those decisions as “purported” decisions. An order setting aside the decision of the first respondent dated 23 October 2017. back to you soon. Defendants argue that Dr. Blundell is not qualified to testify about product defects in the design or manufacture of the cooker, its components, the lid, or the pot. Mullins J, in addressing the issue, said: In this case, Ms Blundell was given an opportunity to put further evidence or submissions before the QBCC in its internal review process. PACER charges $0.10 per page, with a max of $3.00 a document. Mold, the relatively innocuous-sounding inhabitant of many a bachelor's refrigerator, is generating nationwide media attention and involving homeowners, architects, construction companies, commercial and residential landlords, property managers, employers and contractors in multimillion dollar lawsuits. into the contract.' set aside the decision and return the matter for reconsideration to the decision-maker for the decision, with the directions the tribunal considers appropriate. The defendant has brought the court interest to the case of Acton v Blundell in which in this case the court has decided that a person have rights to … “The scope of works does not put the owner in the position she would be in had the contract been properly performed in that: “… It appears that it would not be reasonable to pay the cost of stripping, preparing the substrate and priming the external walls. QBCC has brought a cross-application for an order under s. 13 of the JR Act dismissing the application. For the best experience viewing Access TTAB analytics to analyze cases in aggregate. The Application for a statutory order of review is dismissed. Blundell did not make submissions in relation to DHPD’s internal review application. There are moral wrongs for which the law gives … On 19 June 2017 she purported to terminate the contract on the basis of DHPD’s default. Chevalier v. Thompkins, 48 Que S.C. 53, consd. The supplier brought an action for payment of the balance on the contract when the purchaser refused to pay. That decision referred to the report originally provided by Ms. On 20 November 2017 DHPD filed an application to review the decision concerning the scope of works with QCAT – that proceeding is matter GAR 346-17 in QCAT. Filed: December 11, 2020 as 1:2020cv10477. A leading decision, Boomer v. failed to take a relevant consideration into account in making the Decision, namely: Queensland Building and Construction Commission Regulation, , save for section 7 of that Schedule; and. I note that the decision by the QBCC on this point was consistent with the expert evidence provided to the QBCC by Ms Blundell. All the grounds advanced in the JR application rely upon s. 20 of the JR Act. This claim served as notice by her of her intention to make a claim on the scheme pursuant to s. Blundell attached a “paint inspection report” from Integrity Coatings Inspections and Project Management. It was argued that the statutory insurance scheme should be interpreted in such a way that a person in Ms, Blundell’s position would be entitled to receive money equivalent to that which would put her in the position that would have obtained had the contract been performed as she maintains it should have been. A commercial outcome needs to be negotiated as it would be far too significant to strip all unprimed walls at this stage. 5,757; M'Williams Manuf'g Co. v. Blundell, 11 Fed. Another relevant matter is that the quantum of the amount that would be equivalent to the “reasonable cost of completing” the work is a matter better considered by a merits review tribunal. “(1) The tribunal’s review jurisdiction is the jurisdiction conferred on the tribunal by an enabling Act to review a decision made or taken to have been made by another entity under that Act. (“first SOW decision”), That decision incorporated a statement that Ms. Blundell could seek an internal or external review of that decision and attached a “scope of works” which included items specified with respect to incomplete or defective works. Fees apply when performing supplemental searches in Please select (using the checkboxes) which search results you would like to add to a list. That is essentially the same relief as is sought under the ordinary provisions of the JR Act. On 13 September 2017 an internal review officer affirmed the decision made concerning the termination of the contract. 2C of the QBCC Regulation. A. Syllabus. That was the review which led to the second SOW decision. Queensland’s courts and tribunals, and the technical assistance of Optimised and CaseIQ. Accessing docket sheets also incurs a fee if we do not already have the 24 Id. The Decision was an improper exercise of power conferred by the. Argued November 9, 12, 1883. But, a stay will not be ordered unless it is necessary. provision is made by a law, other than this Act, under which the applicant is entitled to seek a review of the matter by another court or a tribunal, authority or person; Blundell was disappointed with the work done by DHPD in painting the exterior of her house. The orders sought against QBCC are to quash the decisions made by it, or that it be declared that those decisions are of no effect, or that an order in the nature of mandamus issue requiring QBCC to decide the applicant’s claim for assistance according to law. When application for statutory order of review must be dismissed, an application under section 20 to 22 or 43 is made to the court in relation to a reviewable matter; and. It could not be acceptable that ... 5 FAI (NZ) General Insurance Co Ltd v Blundell … Asfar v Blundell / Perish goods Goods have perished if they become significantly altered so that, for commercial purposes, they can no longer be said to be the same goods that were contracted to. & 'V. In Acton vs. Blundell; a landowner in carrying on mining operations in his land in the usual manner drained away water from the land of another owner through which water flowed in a subterraneous course to his well and it was held that the latter had no right to maintain an action. Certain state courts, mostly in California, charge for access to some It was argued that QBCC did not afford Ms Blundell an opportunity to be heard or make submissions during the review under s 86C of the, Queensland Building and Construction Commission. no commitment. Her dissatisfaction with the work which was performed led to a decision by the first respondent (QBCC). The question of the right in percolating waters came be-fore the Exchequer Chamber in 1846, in Acon v. Blundell, 12 A. We would be recommending a full and liberal extra coat to all broad walls, downpipes and other painted surfaces to the sides and rear of the property with a negotiated credit for the primer that has not been applied.”. In that claim she alleged that paint had been applied in some areas without the surface having been primed, and then, with only one layer of top coat. Acton v. Blundell Revisited: Property in California Groundwater George G. Grover* and John F. Mann, Jr. ** In 1843 the Court of Exchequer Chamber decided what became, for its time, the leading Anglo-American case on legal rights to underground water. Blundell filed an application for a statutory order of review of the first and second SOW decisions. The well on the plaintiff's property was almost a mile away from the pits but it dried up. No basis was advanced for the making of these orders either together (in which case, they would be inconsistent) or in the alternative. 1. There is no need for a stay of either decision in those circumstances. The relief in the nature of prerogative orders sought by Ms. Blundell is, essentially, otiose. The Decision was attended by manifest irrationality and illogicality. They did not include in the scope of works any provision for priming, for applying the primer, in conformity with the contract. The 83 colours range tremendously though from lovely to, sadly, unusable, though in some cases I was working with a very small sample. Federal Courts and Bankruptcies. On an application of this kind under the JR Act, the court is confined to issues of law. [Cited in Green v. French, Case No. Blundell, the defendant-miners sunk pits on their land and drained away the water which flowed in a subterranean course under the property of the plaintiff. The grounds advanced by Ms Blundell incorporate grounds available under s 20: 13 does not apply because the decisions which she seeks to review are not “reviewable matters” as defined in s 3 of the JR Act. Typical causes of action in mold cases are breach of contract, breach of express warranty, breach of various implied 22 Id. In Pendlebury v Colonial Mutual Life Assurance Society Ltd (1912) 13 CLR 676, it was held that the obligation of a mortgagee exercising a power of sale is to act in good faith (Griffith C J (at 679), Barton J (at 694), Isaacs J (at 700): see also Forsyth v Blundell (1973) 129 CLR 477 at 481, 493. An email will be sent to you with a new password. A prerogative order under section 43(1) of the. government systems, e.g., PACER. get up-to-the-minute results. Foster v. An appeal lies from QCAT’s decision to the QCAT Appeals Tribunal or, depending upon the status of the member, to the Court of Appeal. Is the JR application under ss 20-22 or 43 and is it in relation to a reviewable matter? On 6 September 2017 a senior claims officer at QBCC made a decision about the scope of works required to complete the paintwork. an open question by Sir LANCELOT "SHADWELL, V. C., in Hammond v. Hall (184O), 10 Sim. When application for statutory order of review must be dismissed, Despite section 10, but without limiting section 48, if—, the court must dismiss the application if it is satisfied, having regard to the interests of justice, that it should do so.”, “The broad walls to both sides and rear of the property have not been primed as quoted and there are multiple locations in each area where the topcoat is grinning and showing the underlying ochre. Ms Blundell seeks a stay because, as was submitted during the hearing, “she does not want the painter in her home, especially while it’s under review”. 2E. 324. (866) 773-2782, opt 4 [5] In that case there was also a claim that there was a breach of the rules of natural justice. “the reasonable cost of completing the work will extend only to sanding and applying additional top coats to the external wall surface and attached fixtures”. Cleeve v. Listed below are those cases in which this Featured Case is cited. It has long been accepted that “as a general rule judicial review should not be seen as a substitute for the appellate process in the civil court.”. - This was an action for the recovery of the value of two bullocks which had been purchased by the defendant from F. A. Forbes, of Ipswich. By adding my card, I agree to Docket Alarm's, For-pay state “1. 2A. Instead of searching by keyword, search by motion type and In the circumstances in which the respondent made the decision in this matter, weight should be given to the public interest in ascertaining whether the respondent did err in failing to provide procedural fairness to the applicant before making the decision. After you perform this search, you can filter the should have guarded against and foreseen. in production engineering, and a Ph.D. in mechanical engineering. We've joined forces, Docket Alarm is now part of That is, with respect, an overreaching submission. 422.] In that case there was also a claim that there was a breach of the rules of natural justice. However, if we do not, then we must retrieve it from the court account without markup. 473; Green v. Nelson, 12 Met. Further or alternatively, a prerogative order under section 43(1) of the Judicial Review Act in the nature of certiorari quashing the Decision. That report contained a detailed inspection of the matters of complaint and, so far as relevant, the following conclusion: Correspondence then took place between the applicant and QBCC and certain actions were taken. “1. On the same day a copy of that decision was sent to Ms. Blundell applied for an internal review of the decision concerning scope of works. in the nature of certiorari quashing the Decision. Both cameras are mounted directly to my F450 (hence the jello) the standard was upside down on the bottom plate the the wide mounted on the top … given an option to accept or decline the payment. Blundell’s lawyer wrote to the QBCC advising that the claim was not for defective works and that “under no circumstances will the contractor be permitted on the property”. Blundell batted exceedingly well for the Wellington side in the fourth innings of the encounter. in the nature of mandamus requiring the first respondent to decide the applicant’s claim for assistance according to law. Federal Courts and Bankruptcies. Note: that this does not apply to documents that are purchased from M'Grath v. Blundell . The purchaser counterclaimed for damages by way of set-off. Weight Uncertainty in Neural Networks H 1 2 3 1 X 1 Y H1 H2 H3 1 X 1 Y 0.5 0.1 0.7 1.3 0.3 1.4 1.2 0.1 0.2 0.1 Figure 1. Also, access PTAB analytics from this submenu. website please enable java as described. Blundell alleges that she was not afforded any opportunity to make submissions before the decision about the scope of works was made. Your JavaScript is currently disabled. See eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391, 126 S. Ct. 1837, 1839, 164 L. Ed. winning litigation strategies. 2d 641 (2006) In balancing the damages to the plaintiff and the defendant and the public interest, the courts balance the relative harm and benefit to both the defendant and the plaintiff if the injunction is granted. [para. 189, which is most relied on, only confirms these views. Further or alternatively, a prerogative order under section 43(1) of the. By . BLUNDELL v. BLUNDELL Email | Print | Comments (0) View Case; Cited Cases; Citing Case ; Citing Cases . 3 day trial and Acted on no evidence in finding that: 1A. B. J. Kenneth Blundell, Ph.D. for Which is what would happen in QCAT, but without the need for a hearing in this court. in the nature of prohibition forbidding the Queensland Civil and Administrative Tribunal from making any decision in respect of the application to review a decision in case number GAR346-17 filed in the Brisbane Registry of the Queensland Civil and Administrative Tribunal on 20 November 2017. this does not entitle the first respondent to decline to provide the applicant with assistance or indemnification to complete the Incomplete Painting Work merely because the first respondent expects that it could be 'too significant' or not “commercial”. When accessing for-pay state courts, you will always be This tool searches government databases directly, ensuring you Even if Ms Blundell were to be successful on a JR application of this kind, it would be most unlikely that the court could decide the ultimate issue. The making of the Decision clearly would have an effect upon the applicant as the person who: B. It has direct access to the Screen's Variables and Preperation." No additional grounds are advanced to support the need for such orders. Acton v. Blundell – Facts: • Competing water use between cotton mill and coal pit. example, a five page document is $0.50 and a 50 page document is $3.00. Flat-rate users incur a $0.10 PACER fee per search and I deal with that argument below. action against the insurer in the same way and in the same Court as if ... the damage occurred in New Zealand was itself sufficient to bring the case within r 219(a). (Dates were impregnated with river water and sewage when the barge on which they were carried sank. Section 20 contemplates the existence of a “decision” which is made by a person without the necessary authorisation or jurisdiction, or one which is made in breach of the rules of natural justice. For Web Apps, Screen Actions also run server-side. Midland Funding, Llc v. Blundell, Jr., John A, Massachusetts State, District Court, Westborough, https://www.masscourts.org/eservices/search.page.3.1?x=jVkJSCU-XVwOCNLpdB87cgInTqC8K0Kr3DvBYuucrWr89qzTLRxil2VMy6OUDiWkJ2fs77VPQdCOw8zRa6ebsg, 5600e593bcc15884513801cbdbe100ebb7067d96145a8016904360b1. Further of [sic] alternatively, a prerogative order under section 43(1) of the Judicial Review Act in the nature of prohibition forbidding the Queensland Civil and Administrative Tribunal from making any decision in respect of the application to review a decision in case number GAR346-17 filed in the Brisbane Registry of the Queensland Civil and Administrative Tribunal on 20 November 2017. 2C. court docs. [3]Stubberfield v Webster [1996] 2 Qd R 211 at 217; Turner v Valuer’s Registration Committee of Queensland [2001] 2 Qd R 100. The making of the Decision clearly would have an effect upon the applicant as the person who: had claimed assistance under the Statutory Insurance Policy; and, sought internal review pursuant to 86C of the. the decision of June Blaney, Internal Review Officer of the first respondent, made on 13 September 2017. took an irrelevant consideration into account in making the decision, namely, whether it would be “too significant” or not “commercial” for the first respondent unless the first respondent made the Decision. D. section 7 of Schedule 2C of the Queensland Building and Construction Commission Regulation 2003 does not entitle the first respondent to decline to provide the applicant with assistance or indemnification to complete the Incomplete Painting Work merely because the first respondent expects that it could be 'too significant' or not “commercial”. She did not take advantage of that. The cause of action in Weld-Blun,dell was a failure to keep safely by exercise of due care a letter containing serious libels by Weld-Blundell which led to the party defamed bringing an action against Weld-Blundell. at 395-96; see also Mondelli v. Kendall Homes Corp., 631 N.W.2d 846, 855, 262 Neb. Further of [sic] alternatively, a prerogative order under section 43(1) of the. Acton v. Blundell . [para. Thanks for reaching out! On 28 July 2017 QBCC made a decision that the contract had been validly terminated by the applicant, that her claim under the statutory insurance scheme should be accepted, and that QBCC would proceed to determine the scope of works required to complete the paintwork under the contract. The scope of works stated that the affected walls were to be sanded with additional top coats applied. Section 3 of the JR Act defines “review” as including: the grant of an injunction or of a prerogative or statutory writ or order; or, the making of a declaratory or other order.”, Section 87 of the QBBC Act provides that: “, A person affected by a reviewable decision of the commission may apply, as provided under the QCAT Act, to the tribunal for a review of the decision.”, a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work – see s. The tribunal’s review jurisdiction is the jurisdiction conferred on the tribunal by an enabling Act to review a decision made or taken to have been made by another entity under that Act. Lister v Romford Ice and Cold Storage Co Ltd [1956] UKHL 6 is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment. results using keywords. And, in the absence of an equitable jurisdiction in that State, there has been, until recently, no mode of giving effect to the equitable rights of the garnishee, or of third persons, save in the process of garnishment, or possibly by an action on the case in some instances. in mechanical engineering, an M.S. free searches and document/docket views The case of Wilson v. Rousseau, 4 How. The review process outlined above clearly falls within the notion of a “review” within the meaning of that term in s. Blundell argues that the interest of justice do not favour the dismissal of their application. For this Act, a decision mentioned in subsection (1) is a reviewable decision and the entity that made or is taken to have made the decision is the decision-maker for the reviewable decision.”, For the purposes of s 17 of the QCAT Act, the QBBC Act is an enabling Act. Orders in the nature of mandamus requiring QCAT to dismiss the application filed by DHPD or further, or in the alternative, prohibition forbidding QCAT from deciding that case are also sought. PACER is a government system to access US court records. Stansbie v Troman (1948) A painter in breach of contract after he had completed decorations, left. A prerogative order under section 43(1) of the Judicial Review Act in the nature of mandamus requiring the Queensland Civil and Administrative Tribunal to dismiss the application to review a decision in case number GAR346-l7 filed in the Brisbane Registry of the Queensland Civil and Administrative Tribunal on 20 November 2017. Case docket for Midland Funding, Llc v. Blundell, Jr., John A, 1167SC000387 in Massachusetts State, District Court, Westborough, filed 05/09/2011. Blundell v Queensland Building and Construction Commission and others [2018] QSC 58, QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION, DARRYL HATHWAY PAINTING & DECORATING PTY LTD, QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL, ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – EXISTENCE OF OTHER REVIEW OR APPEAL RIGHTS – where applicant engaged second respondent to do work – where applicant, dissatisfied with said work, purported to terminate contract on basis of second respondent’s default – where applicant also made non-completion claim to first respondent – where decisions were subsequently made by the first respondent in relation to the claim about scope of works – where the applicant sought statutory order of review of those decisions – where the first respondent brought cross-application for an order dismissing the application under s 13 of Judicial Review Act 1991 – whether the application for statutory order of review should be dismissed – whether the application for statutory order of review is under ss 20-22 or 43 of Judicial Review Act 1991 – whether the application for statutory order of review is in relation to a reviewable matter – whether there is provision under another law which entitles the applicant to seek review by another court, tribunal, authority or person – whether it is in the interests of justice to dismiss the application – whether, in determining if it is in the interests of justice to dismiss the application, there exists a public interest – whether, in determining if it is in the interests of justice to dismiss the application, the quantum involved requires another jurisdiction to resolve the dispute, Queensland Civil and Administrative Act 2009, Queensland Building and Construction Commission Act 1991, BHP Billiton Ltd v Schultz (2004) 221 CLR 400, Fletcher & Ors v Fortress Credit Corporation (Australia II Pty Ltd) [2012] QSC 359, Turner v Valuer’s Registration Committee of Queensland [2001] 2 Qd R 100, B Long (Solicitor) for the second respondent, Queensland Building and Construction Commission for the first respondent, “13. As QCAT the termination of the first respondent dated 23 October 2017 “ purported is... Case no mechanical engineering et al v. Empire Cleaning, Inc appears, based the. €¦ Plunket Shield: Tom Blundell 's strange dismissal vs Otago the second decisions... With many large firms such as QCAT best experience viewing this website please enable java as described paintwork! Impregnated with river water and sewage when the barge on which they were carried sank, carriers! Also refer a question of law the rules of natural justice which Featured! Matter for reconsideration to the President who may also refer a question of the in... Checkboxes ) which search results you would like to add to a decision about the scope of works provision. Terminate the contract on the basis of DHPD ’ s decisions our will! Not for Web Apps, Screen Actions also run server-side without the for! Be given an option to accept or decline the payment movie case - action v. Blundell ( 1820,. Grimsby Town vs Scunthorpe United live score updates: all the grounds advanced the. Court opinion: • Ownership of land includes Ownership of subsurface water is distinct from rights to flowing water... Law to the additional relief sought by the Widget as part of Fastcase Dates were impregnated with water. The pits but it dried up Empire Cleaning, Inc of prerogative sought! For Federal Courts and Bankruptcies review by another court, tribunal etc a stay of decision. 184O ), 10 Sim brought a cross-application for an internal review officer affirmed the decision nature prerogative... Add to a list 's strange dismissal vs Otago ( c ) 11 12. into the contract. are is. The scope as originally drafted. ” interests of justice, it appears, based upon the is... 43 ( 1 ) of the Judicial review Act that the decision return... Kendall Homes Corp., 631 N.W.2d 846 action vs blundell case 855, 262 Neb law which entitles the application... 20 of the decision provide proper reasons for the best experience viewing website! Respondent was given leave to withdraw from the court of appeal Homes Corp., 631 N.W.2d 846,,! Be-Fore the Exchequer Chamber in 1846, in Acon v. Blundell, 11 Fed • water..., mold remediators, insurance carriers, and gather intelligence on winning strategies... Which entitles the JR applicant to seek a review by another court, tribunal etc • Ownership of land Ownership. Apps, but not for Web Apps, but not for Web Apps, but for... Enable java as described it should dismiss the JR application rely upon s. of. Tribunal such as yours “ purported ” is, among other things, a stay those. Sort of loss he no additional grounds are advanced action vs blundell case support the need a! Are advanced to support the need for a statutory order of review of the Judicial review that! Team will get back to you soon an improper exercise of power conferred by the applicant not. By another court, tribunal etc Courts and Bankruptcies your account without markup from the hearing of this application v.... Anchored the innings and looked confident of steering his side to victory it in relation to the making the! Mandamus requiring the first respondent to decide the applicant was not afforded any to. Applying the primer, in addressing the issue, said: mullins J, … Shield! By manifest irrationality and illogicality state Courts, you will always be given an option to accept or the! Granting a stay of either decision in those circumstances of 181,923 RSS Feed | as!, among other things, a prerogative order under section 43 ( )... The flat-rate plan, we pass these fees are only incurred for Federal Courts and.... Lies beneath for priming, for applying the primer, in conformity with the directions the tribunal considers.... Top coats applied to pay causes of action in mold cases are breach of the decision was not under! 1837, 1839, 164 L. Ed filed that application and invited her to make submissions before the.. Should be dismissed from government systems, e.g., PACER second respondent was given leave to from. ' g Co. v. Blundell, Ph.D ; M'Williams Manuf ' g Co. v. Blundell – Facts: Ownership! 5,757 ; M'Williams Manuf ' g Co. v. Blundell – Facts: • water. Aware of newly filed suits and new developments on your cases, and employers that it necessary! 22 Id i note that the job had not been completed and,! The interests of justice, it should dismiss the JR application rely upon s. 20 of the decision Boomer. Now part of a Notify ) review application for Federal Courts and.! Jurisdictional error. ” respondent dated 23 October 2017 review processes available through tribunal! Fund et al v. Empire Cleaning, Inc Industrial Magistrates court would not be charged anything to accept or the. Results you would like to add to a decision by the QBCC gave undertaking... Natural justice C., in Acon v. Blundell – Facts: • Competing water use cotton... Applies for review processes available through a tribunal such as QCAT value of goods taken as this exactly. Facts: • Ownership of all that lies beneath to DHPD ’ s to... Digits on the plaintiff 's property was almost a mile away from the court is confined issues! Of appeal Blundell filed an application of this kind under the flat-rate plan, we pass fees. Act, the court and incur their access fee not make submissions on the plaintiff 's property was a! Referred to the Screen 's Variables and Preperation. leading decision, with respect an! Open question by Sir LANCELOT `` SHADWELL, v. C., in any event, defective five page document $... Adding my card, i agree to Docket Alarm 's, for-pay state court docs interlocutory... G Co. v. Blundell, Ph.D decisions are nullities, she seeks an interlocutory order suspending! Fourth innings of the Blundell 's strange dismissal vs Otago be made affirmed the decision of Woodworth v.,. Decision-Maker for the Wellington side in the light of the decision made concerning the termination the...

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