Estates Ltd Research Articles

Salford Estates Test in Malaysia: the Final Blow?

The insolvency regime comes face-to-face with the arbitration regime in cases where a debt is disputed but is subject to an arbitration agreement. In such cases, Malaysian courts have previously followed the English position in Salford Estates (No 2) Ltd v. Altomart Ltd (No 2), namely, that a court should not order the liquidation so long as the disputed debt is ‘prima facie’ disputed. The Privy Council’s decision in Sian Participation Corp (In Liquidation) v. Halimeda International Ltd has now rejected the Salford Estates test and imposed a higher threshold, namely, that the debt must be disputed on genuine and substantial grounds as demonstrated by the debtor. Fortuitously, just two weeks prior to Sian, the Malaysian Court of Appeal had also rejected the Salford Estates position and imposed the higher threshold of a bona fide dispute on substantial grounds. The Privy Council’s decision in Sian is thus now the final blow to the Salford Estates test in Malaysia. Further, the astute reasoning of the panel in Sian will helpfully inform future judicial deliberations on the interaction between the domestic insolvency and arbitration regimes.

Dismissing the blanket approach of interdicting strike brutality: A discussion of Commercial Stevedoring Agricultural and Allied Workers' Union and Others v Oak Valley Estates (Pty) Ltd and Another [2022] ZACC 7

This matter concerns an attempt by the employer to interdict unidentified workers in the cause of a strike that turned violent and resulted in damage to the property of the employer. The issue before the Constitutional Court was, can an employer facing unlawful conduct committed during a protected strike interdict employees participating in that strike without linking each employee to the unlawful conduct? This note will do as Theron J did in starting the judgment by discussing the facts of the case, going into detail about what the Labour Court and the Labour Appeal Court found. The note will also engage in a detailed discussion about the judgment of Theron J.

Credit Risk Assessment and Loan Repayment among Development Financial Institutions. A Case of Kenya Industrial Estates Limited

The informal sector of the Kenyan economy continues to remain the largest employer of a majority of the population. However, it is bedevilled by a variety of challenges, chief of them being inadequate access to credit. To address this, the government has set up development financial institutions such as Kenya Industrial Estates (KIE) and mandated them with the role of availing loans to the sector in order to spur economic growth. The low rate of loan repayment advanced by Development Financial Institutions (DFIs) has necessitated the need to investigate the cause(s) of this adverse trend. This research was undertaken to probe how credit risk assessment affects loan repayment in development financial institutions, with Kenya Industrial Estates Ltd as a case study. The specific objectives were to find out how borrowers’ character and capacity affect loan repayment at KIE. A descriptive design guided the study with primary data being obtained through a questionnaire, whose reliability was tested and found to be acceptable with a Cronbach alpha of 0.795. A census was conducted on all 28 branches in Kenya. Two respondents from each branch were selected purposively to result in a total of 56 respondents. Regression analysis suggested that borrowers’ character and capacity positively and significantly affected loan repayment. The null hypotheses for the two variables were subsequently rejected. Spearman’s correlation coefficient for the two predictor variables further revealed that they influenced loan repayment positively. The study concludes that borrowers’ character and capacity have a profound effect on loan repayment among DFIs. The study recommends that DFIs need screen borrowers’ credit history and debt-to-income ratio thoroughly before advancing loans in order to improve loan repayment.

MINERAL LAW AND THE DOCTRINE OF RIGHTS: A MICROSCOPE OF MAGNIFICATION?

The doctrine of rights has become part of private law jurisprudence. In this article the application of the doctrine in two decisions dealing with surface support in mineral law is examined. It is argued that the decision of Kriegler J in Elektrisiteitsvoorsieningskommissie v Fourie, namely, that the right to surface support is an entitlement, is more correct than Anglo Operations Ltd v Sandhurst Estates (Pty) Ltd in which it was decided that the right to surface support is a competence. It is submitted that depending on the legal location of the entitlement in the relationship between owner and miner of land one may simply refer to either an owner’s entitlement to surface support or a miner’s entitlement to undertake opencast-cast mining.

State investment in science and entrepreneurship for environmental change in Queensland, 1912–16

Governments across the globe use public–private partnerships to foster entrepreneurship while limiting their risk. The Prickly Pear Destruction Act 1912 enabled the Queensland government to enter contracts with private entities for land heavily covered with prickly pear (Opuntia and Nopalea species). The story of Cactus Estates Ltd, the first negotiation under the Act, provides an opportunity to analyse this response to local ecologies changed by nineteenth-century plant transfers. Most scholarship on the invasion of prickly pear focuses on the science of entomology due to the spectacular success of the introduction of Cactoblastis cactorum in 1926. This article examines an earlier period in the history of applied science in Queensland. The Queensland government, along with scientific and business communities, pursued poisons for controlling the density of plant growth as the preferred mechanism for eliminating plants. Cactus Estates Ltd experimented with arsenic-based poisons for this purpose. An examination of Cactus Estates Ltd provides evidence of the state’s willingness to produce a multifaceted approach to dealing with invasive species in Australia in the early twentieth century.

Treasury Wine Estates Ltd v Melbourne City Investments Pty Ltd

Treasury Wine Estates Ltd v Melbourne City Investments Pty Ltd

Excavation of a prehistoric enclosure at Mar Hall, Bishopton, Renfrewshire

Remains of a multi-palisaded and ditched enclosure were identified during an archaeological watching brief and evaluation carried out in July 2007. In accordance with planning conditions an archaeological excavation was subsequently undertaken between August and December 2007, on behalf of Mar Estates Ltd. The excavation identified two phases of construction at the enclosure, the multiple palisades and entrance dating to the Late Bronze Age/Early Iron Age and a large ditch dating to the Middle-Late Iron Age. A Bronze Age burnt mound was found nearby.

J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd

J Jarvis & Sons Ltd v Blue Circle Dartford Estates Ltd

Historic Buildings and Monuments Commision for England v Isambard Estates Ltd

Historic Buildings and Monuments Commision for England v Isambard Estates Ltd

Late Modern

The Rise and Fall of the Great Powers: Economic Change and Military Conflict from 1500 to 2000. By Paul Kennedy Der Auswärtige Dienst von ǒsterreich (‐Ungarn), 1720–1920. By Erwin Matsch Revolution in Brussels 1787–1793. By Janet L. Polasky The Frozen Revolution: an essay on Jacobinism. By Ferenc Fehér Francis Place, 1771–1854: The Life of a Remarkable Radical. By Dudley Miles A Social History of the Non‐conformist Ministry in England and Wales, 1800–1930. By K.D. Brown Sicily: The Insecure Base: A History of the British Occupation of Sicily, 1806–1815. By Desmond Gregory Sectarian Violence: The Liverpool Experience 1819–1914. By Frank Neal Threshold of a New World. Intellectuals and the Exile Experience in Paris, 1830–1848. By Lloyd S. Kramer The Anglo‐American Crisis of the Mid‐Nineteenth Century: The Times and America, 1850–1862. By Martin Crawford Crusade against Drink in Victorian England. By Lilian Lewis Shiman The Rise of Modern Business in Great Britain, the United States, and Japan. By Mansel G. Blackford Nineteenth Century Britain: Integration and Diversity. By Keith Robbins British Foreign Secretaries and Foreign Poky: From Crimean War to First World War. Edited by Keith M. Wilson The Culture of Capital: art, power and the nineteenth‐ century middle class. Edited by Janet Wolff and John SeedConsole and Classify: the French psychiatric profession in the nineteenth century. By Jan GoldsteinGladstone, Whiggery and the Liberal Party 1874–1886. By T.A. Jenkins The Financial Times: A Centenary History. By David KynastonA Royal Rebel. A psychological portrait of Crown Prince Rudolf of Austria‐Hungary. By John T. Sdvendy Karl Kraus, Apocalyptic Satirist. Culture and Catastrophe in Habsburg Vienna. By Edward Timms The Ottoman Empire and the World‐Economy. Edited by Huri Islamoǧlu‐Inan Victorian Feminism 1850–1900. By Philippa Levine E. Sylvia Pankhurst: Portrait of a Radical. By Patricia W. Romero The Alliance of Iron and Wheat in the Third French Republic 1860–1914. By Herman Lebovics. France, Fin de Siècle. By Euguen Weber The Letters of T.E. Lawrence. Selected and edited by Malcolm Brown Ireland before and after the Famine: Explorations in economic history, 1800–1925. By Cormac ÓǴrada Workmen's Compensation in Twentieth Century Britain: Law, History and Social Policy. By P.W.J. Bartrip Government Factories and the Origins of British Regional Policy 1934–1948, including a Case Study of North Eastern Trading Estates Ltd. By Herbert Loebl Below The Magic Mountain: A Social History of Tuberculosis in Twentieth Century Britain. By Linda Bryder The Secret Lives of Trebitsch Lincoln. By Bernard Wasserstein Out of the Night. By Jan Valtin The Politics of Manpower, 1914–1918. By Keith Grieves Town and Country Under Fascism: The Transformation of Brescia, 1915–1926. By Alice A. Kelikian The Formation of the Nazi Constituency. Edited by Thomas Childers The Theatre of the Weimar Republic. By John Willett Nichtangriffspakte: Enhvickiung und operative Nutzung in Europa 1922–1939. By Rolf Ahmann The Great Powers in the Middle East 1919–1939. Edited by Uriel Dann Europe Between the Wars. A Political History. By Martin Kitchen The Mensheviks after October: Socialist opposition and the Rise of the Bolshevik Dictatorship. By Vladimir N. Brovkin Mass Observation at the Movies. Edited by Jeffrey Richards and Dorothy Sheridan The Film Factory: Russian and Soviet Cinema in Documents, 1896–1939. Edited by Riachard Taylor and Ian Christie The Bleak Midwinter—1947. By A.J. Robertson Education in the Post‐War Years: A Social History. By Roy Lowe The Other Europe. By Jacques Rupnik