Sentences with phrase «pending determination of»

If written notification is received during the fifteen (15) day period, the funds will be held in the escrow or trust account pending the determination of the matter by a court of competent jurisdiction.

[48] The extent to which native title survives over pastoral leases (and consequently, the extent of the application of the right to negotiate) is still unclear, pending determination of the questions raised in the Ward case [49], heard by the High Court in March 2001.

The decision raises serious questions about the value of the protections offered by the NTA pending a determination of native title, particularly in relation to non-mining future acts.

The Aboriginal Land Council is not permitted to sell, lease, mortgage or otherwise deal in the land pending a determination of native title being made in respect of the land (ss36 and 40AA ALRA).

Pending determination of the appeal to the High Court of Western Australia and Ors v Ward and Ors (2000) 170 ALR 159 (the «Miriuwung Gagerrong case»)

(1) Did Justice Gillese err in dismissing OEFC's motion to stay portions of Superior Court orders pending determination of its application for leave to the Supreme Court of Canada?

Ontario Electricity Financial Corporation («OEFC») brought a motion under s. 7 (5) of the Courts of Justice Act to vary Justice Gillese's order dismissing its motion to stay a portion of certain Superior Court orders pending determination of its application for leave to appeal to the Supreme Court of Canada.

Interim and interlocutory injunctions and orders to freeze assets, preserve the status quo pending the determination of litigation, stay of proceedings, and to obtain and secure evidence.

'' Chief Justice Roberts Fiddles, Troy Davis To Die from Simple Justice The last execution date, September 23, ended with a stay pending determination of his application for certiorari to the Supreme Court.

A law society hearing committee had earlier found Merchant guilty of conduct unbecoming a lawyer for breaching a June 4, 2003, order that required him to pay certain settlement proceeds due to his client, M.H., pending determination of a related family property issue.

Or pending determination of criminal charges?

An interim measure is any temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party, for example and without limitation, to: (a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute.

Where an employer suspends an employee for the purpose of investigating complaints or allegations of misconduct or pending the determination of criminal charges, the situation gets slightly more complicated.

The SCC has acknowledged that suspensions pending the determination of criminal proceedings can be justifiable, particularly where the employee is engaged in sensitive duties and the outstanding proceedings could have a negative impact on business interests.

The injunction is an interim measure aiming at maintaining and restoring the status quo pending determination of the dispute; and

Just as the JT commented in Assas that the interim injunction preserves the status quo pending determination of the dispute; the interim injunction also preserves the status quo pending determination of the jurisdictional challenge under the Decree itself.

Texan Management Ltd v. Pacific Electric Wire and Cable Co Ltd (PC)[2009] UKPC 46 The Court had jurisdiction to impose a case management stay of proceedings in the BVI, pending the determination of the proceedings in Hong Kong, even though the relief claimed in the BVI (the rectification of the share registers of BVI companies) was not available in Hong Kong.

10.4 governing the procedure for determining who is liable to pay statutory accident benefits under section 268, including requiring insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of benefits pending the determination of liability;

«Exceptionality» The reason for the Taplin EAT's endorsement of «balance of probabilities plus» appears to lie in the idea of «exceptionality»: «It has, however, to be borne in mind that this is an exceptional form of relief granted pending a determination of a complaint of unfair dismissal» (1073D).

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

These appeals considered whether Immigration Act 1971, s 3C automatically extends a person's leave to remain pending the determination of an application to extend leave to remain, notwithstanding that the original application is invalid.

The purpose of a freezing order is normally to preserve assets in the jurisdiction pending determination of the claim.

The ebooks settlement reached between the Competition Bureau and four major ebook publishers has been stayed pending the determination of a challenge brought by ebook retailer Kobo Inc. to the settlement.

INEC had suspended the recall process against Melaye after it was served with an order granted by Justice John Tsoho of the Federal High Court, Abuja which directed the commission to maintain the status quo pending the determination of the suit that Melaye filed to challenge his recall process.

«The ex parte order made to last pending the determination of an investigation, which is devoid of a time certain and indefinite in nature, is oppressive and a violation of the applicant's rights to fair hearing, presumption of innocence and right to her property.»

He held that the interlocutory orders were to subsist, pending the determination of the substantive suit marked: FHC / ABJ / CS / 439/2016 filed by two governorship aspirants of the PDP in Edo and Ondo states — Chief Benson Akingboye (Ondo) and Ehiozuwa Johnson Agbonayinma (Edo).

According to him, the restraining orders on the Regulation 2017 can be allowed to subsist pending determination of the suit.

The Court ordered the plaintiff to comply with the laws of the State, adding that no new measures should be introduced by the first defendant pending the determination of the suit.

Justice Rilwan Aikawa, in a ruling on a motion filed by the Registered Trustees of Hotel Owners and Managers Association of Lagos, had restrained the State Government from further enforcing the law pending the determination of the matter.

In the alternative, he prayed the court to give an order of interim injunction mandating the defendants, whether by themselves, their servants, agents, privies or howsoever called to publish the name of the plaintiff as an aspirant for the November 19, 2011 governorship primary in Bayelsa State or any governorship primary election scheduled for Bayelsa State, on any date which the defendants may choose, pending the determination of the substantive suit.

Still not satisfied, Daudu proceeded to the Supreme Court, praying the apex court to grant him a post conviction bail pending the determination of the appeal before it.

The state PDP chairman urged President Buhari to also relief Amaechi of his position, pending the determination of the matter by the law enforcement and anti-graft agencies.

He also sought an order of interim injunction restraining the second and third defendants, whether by themselves, servants, agents, privies or howsoever called from forwarding a fresh name or governorship aspirant to the first defendant, when the plaintiff was still alive and had not withdrawn his candidacy for the governorship election of Bayelsa State, pending the determination of the substantive suit.

$ 40m Scam: Jonathan's Cousin, Azibaola Remanded in Prison Justice Nnamdi O. Dimgba of the Federal High Court, Abuja on Tuesday, June 7, 2016 ordered the remand of Azibaola Robert, a cousin of ex - president Goodluck Jonathan in Kuje Prison pending the determination of his bail application.

Senate spokesman, Sabi Aliyu Abdullahi in a statement he signed and released to newsmen said that as a law abiding institution, the senate would allow Omo - Agege to resume pending the determination of the application for stay of execution.

«We call on INEC to postpone the election pending the determination of the suit before the Supreme Court.

The Sherriff faction therefore on July 20 filed an interlocutory application asking the court to stop the party from going ahead with the planned national convention pending the determination of their substantive suit.

Kurya also directed that as pre-conditions, the sureties must drop their International passports with the court registrar as well as all the accused persons pending the determination of the case filed by the Attorney General (AG) of the Federation and Minister of Justice.

The court had directed all parties listed in the suit by Melaye to maintain the status quo pending the determination of the motion on notice.

Justice Nnamdi O. Dimgba of the Federal High Court, Abuja on Tuesday, June 7, 2016 ordered the remand of Azibaola Robert, a cousin of ex - president Goodluck Jonathan in Kuje Prison pending the determination of his bail application.

On Thursday, July 20, An Osogbo Chief magistrates court Remanded Omotayo alongside Dolapo and two others in Ilesa Prisons pending the determination of the suit.

A Federal Capital Territory, High Court sitting in Gudu, Abuja has ordered the Economic and Financial Crimes Commission, EFCC, to remand into prison custody pending the determination of a bail application by the Ex - FCT minister Bala Mohammed who has been arraigned over a 6 - count charge bordering on abuse of office, false declaration of assets and fraud to the tune of N864million.

The judge said the three accused persons were to remain in the prison custody pending the determination of their bail applications, the hearing of which has been fixed for July 1, 2016.

Recall that the federal high court, Abuja asked INEC and Melaye to maintain «status quo» pending the determination of a suit filed by Melaye to challenge the process.

Our correspondent gathered that Omo - Agege's inability to resume as promised may not be unconnected with the pending determination of the application by the upper chamber for stay of execution of the judgement delivered in favour of the senator.

In his ruling, Justice Saidu turned down the 1st defendant's application for bail and ordered that she should be remanded in EFCC's custody pending the determination of her bail application.

The court also ordered that the money be kept in an interest yielding account in the name of the Chief Registrar of the Federal Court, pending the determination of the suit.

«An order restraining the President of the Senate and the entire Senate from receiving and discussing any report submitted to it by the committee set up to investigate the allegation against Mr. Ibrahim Idris pending the determination of this suit.

Describing the allegations as frivolous, the police helmsman in the suit also wants the court to make an order stopping the committee from inviting him, sitting, conducting any hearing on the allegation, discussing or making any report in respect of the planned investigation pending the determination of his suit.

The order followed an ex parte application by the Economic and Financial Crimes Commission seeking a forfeiture of the sum to government, pending the determination of the motion on notice.