Sentences with phrase «purpose test»

The burden of proof is on the party claiming privilege to establish that the dominant purpose test is satisfied.

JKX Oil & Gas Plc v Eclairs Group Ltd (2014) Acted for successful party in relation to the leading Supreme Court judgment on whether the proper purpose test for the exercise of directors» duties applies to the operation of Part 22 of the Companies Act 2006 and disenfranchisement provisions in a public company's articles of association.

but i never on purpose test eating gluten.

«My research is always about whether a test score is trustworthy, and for what purposes a test score deserve trust.»

Your SMSF must also ensure that the lease of business equipment or machinery complies with the sole purpose test and is made on a commercial «arm's length» basis.

JKX Oil & Gas Plc v Eclairs Group Ltd [2015] UKSC 71 Acted for successful party in relation to the leading Supreme Court judgment on whether the proper purpose test for the exercise of directors» duties applies to the operation of Part 22 of the Companies Act 2006 and disenfranchisement provisions in a public company's articles of association.

Haze and Gel is a dual purpose test used to demonstrate the level of product stability in strong phosphoric acid solutions.

It's true that CBS provides a public service by managing the blood program, but in McKinney v. University of Guelph -LRB-[1990] 3 S.C.R. 229), La Forest J. (writing for himself and two other members of the Court) suggested that a public purpose test was inadequate for determining whether the Charter applied:

Utilized general and special purpose test equipment to perform repair of equipments down to the component level.

Only litigation privilege applies a dominant purpose test.

This flexibility will be used by others to argue that their copying is conducted on behalf of a permitted purpose of the recipient, creating a very open approach to the first - stage purposes test.

Parents should have the right to know for what purpose a test is designed and whether it's valid and reliable for that purpose; how the results of that test will be used; whether or not testing companies will have access to private student information and for what reason those companies need that information.

Mr Hafoka (also known as Tane Hafoka, Jonathan Hafoka and Johnny Hafoka) is accused of aiding and abetting the trustee of the self - managed Kassongo Superannuation Fund (KSF), Mr Atan Kassongo, in dishonestly failing to ensure the fund was maintained in accordance with the sole purpose test.

The Court of Appeal determined that McCormick does not establish «control and dependency» as an all - purpose test for determining whether a person is an employee or partner.

The issues paper notes that the Ministry's preliminary view is that the operation of s 36 has «not been satisfactory» because it appears «to be failing to maximise the long - term benefit of consumers», it is «too complex to allow for cost - effective and timely application» and is «misaligned with other prohibitions» in the Act by relying on a purpose test rather than an «effects» test.

Unlike Hong Kong, Singapore does not apply a dominant purpose test to legal advice privilege.

Interestingly, in 2007, the Court of Appeal left open the possibility in Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore Pte Ltd) 3 that a dominant purpose test could potentially apply to a third - party report prepared to enable the client to obtain legal advice.

As per the purpose test, the Court of Appeal held the «sole question» is whether the incident in issue resulted from ordinary and well - known activities to which an automobile is put.

The appeal is limited to the following submission: did the application judge err in concluding the «purpose test» contained in Amos is met in the circumstances (was the incident in question really an «accident»)?

The dominant purpose test is more compatible with the contemporary trend favouring increased disclosure.

The appellant argued the judge erred by failing to conclude there must be an active use of the vehicle to meet the purpose test component of Amos.

While information such as the date and author's identity may well be protected from disclosure under a claim of solicitor - client privilege, such protection is not necessarily afforded claims of privilege based upon the dominant purpose test.

Murray J. held that pulling into the gas station here met the Purpose Test in Amos because purchasing gas is an activity required of all vehicles.

Therefore, it was open for the adjudicator to find that the act of parking the Honda met the Purpose Test.

It must be proven that the incident resulted from the ordinary and well - known activities to which motor vehicles are put (the «purpose test»); and

However, the purpose test set out in Amos is still the first hurdle a claimant must satisfy to receive coverage.

For this purpose we tested out Need for Speed No Limits which is a decent benchmark in real world use for the graphics and performance, and the game played great without any noticeable issues with lag.