Trading Ltd Research Articles

Constructive trusts and email frauds

Abstract Discusses, with reference to the conflicting decisions in Hong Kong including TOKIĆ D.O.O. v Hongkong Shui Fat Trading Ltd and Wismettac Asian Foods Inc v United Top Properties Ltd, the nature of constructive trust in email fraud cases.

Different strategies for pharmacological thromboprophylaxis for lower-limb immobilisation after injury: systematic review and economic evaluation.

Thromboprophylaxis can reduce the risk of venous thromboembolism (VTE) during lower-limb immobilisation, but it is unclear whether or not this translates into meaningful health benefit, justifies the risk of bleeding or is cost-effective. Risk assessment models (RAMs) could select higher-risk individuals for thromboprophylaxis. To determine the clinical effectiveness and cost-effectiveness of different strategies for providing thromboprophylaxis to people with lower-limb immobilisation caused by injury and to identify priorities for future research. Ten electronic databases and research registers (MEDLINE, EMBASE, Cochrane Database of Systematic Reviews, Database of Abstracts of Review of Effects, the Cochrane Central Register of Controlled Trials, Health Technology Assessment database, NHS Economic Evaluation Database, Science Citation Index Expanded, ClinicalTrials.gov and the International Clinical Trials Registry Platform) were searched from inception to May 2017, and this was supplemented by hand-searching reference lists and contacting experts in the field. Systematic reviews were undertaken to determine the effectiveness of pharmacological thromboprophylaxis in lower-limb immobilisation and to identify any study of risk factors or RAMs for VTE in lower-limb immobilisation. Study quality was assessed using appropriate tools. A network meta-analysis was undertaken for each outcome in the effectiveness review and the results of risk-prediction studies were presented descriptively. A modified Delphi survey was undertaken to identify risk predictors supported by expert consensus. Decision-analytic modelling was used to estimate the incremental cost per quality-adjusted life-year (QALY) gained of different thromboprophylaxis strategies from the perspectives of the NHS and Personal Social Services. Data from 6857 participants across 13 trials were included in the meta-analysis. Thromboprophylaxis with low-molecular-weight heparin reduced the risk of any VTE [odds ratio (OR) 0.52, 95% credible interval (CrI) 0.37 to 0.71], clinically detected deep-vein thrombosis (DVT) (OR 0.40, 95% CrI 0.12 to 0.99) and pulmonary embolism (PE) (OR 0.17, 95% CrI 0.01 to 0.88). Thromboprophylaxis with fondaparinux (Arixtra®, Aspen Pharma Trading Ltd, Dublin, Ireland) reduced the risk of any VTE (OR 0.13, 95% CrI 0.05 to 0.30) and clinically detected DVT (OR 0.10, 95% CrI 0.01 to 0.94), but the effect on PE was inconclusive (OR 0.47, 95% CrI 0.01 to 9.54). Estimates of the risk of major bleeding with thromboprophylaxis were inconclusive owing to the small numbers of events. Fifteen studies of risk factors were identified, but only age (ORs 1.05 to 3.48), and injury type were consistently associated with VTE. Six studies of RAMs were identified, but only two reported prognostic accuracy data for VTE, based on small numbers of patients. Expert consensus was achieved for 13 risk predictors in lower-limb immobilisation due to injury. Modelling showed that thromboprophylaxis for all is effective (0.015 QALY gain, 95% CrI 0.004 to 0.029 QALYs) with a cost-effectiveness of £13,524 per QALY, compared with thromboprophylaxis for none. If risk-based strategies are included, it is potentially more cost-effective to limit thromboprophylaxis to patients with a Leiden thrombosis risk in plaster (cast) [L-TRiP(cast)] score of ≥ 9 (£20,000 per QALY threshold) or ≥ 8 (£30,000 per QALY threshold). An optimal threshold on the L-TRiP(cast) receiver operating characteristic curve would have sensitivity of 84-89% and specificity of 46-55%. Estimates of RAM prognostic accuracy are based on weak evidence. People at risk of bleeding were excluded from trials and, by implication, from modelling. Thromboprophylaxis for lower-limb immobilisation due to injury is clinically effective and cost-effective compared with no thromboprophylaxis. Risk-based thromboprophylaxis is potentially optimal but the prognostic accuracy of existing RAMs is uncertain. Research is required to determine whether or not an appropriate RAM can accurately select higher-risk patients for thromboprophylaxis. This study is registered as PROSPERO CRD42017058688. The National Institute for Health Research Health Technology Assessment programme.

Mora Debitoris and the Principle of Strict Liability: Scoin Trading (Pty) Ltd v Bernstein 2011 2 Sa 118 (SCA)

Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails to perform at the agreed date and time or after receiving a demand from the creditor, the debtor commits breach of contract in the form of mora debitoris.[1] The question then arises whether or not a debtor would also commit breach in the form of mora debitoris if the delay in performance cannot be attributed to wilful disregard of the contract or a negligent failure to perform on time. This was the question which the court had to determine in Scoin Trading (Pty) Ltd v Bernstein.[2][1] Victoria Falls and Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd 1915 AD 1; West Rand Estates Ltd v New Zealand Insurance Co Ltd 1926 AD 173; Fluxman v Brittain 1941 AD 273; Microuticos v Swart 1949 3 SA 715 (A); Linton v Corser 1952 3 SA 685 (A); Union Government v Jackson 1956 2 SA 398 (A); Standard Finance Corporation of South Africa Ltd v Langeberg Ko-operasie Bpk 1967 4 SA 686 (A); Nel v Cloete 1972 2 SA 150 (A); Van der Merwe v Reynolds 1972 3 SA 740 (A); Ver Elst v Sabena Belgian World Airlines 1983 3 SA 637 (A); Chrysafis v Katsapas 1988 4 SA 818 (A).[2] Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA).

"Pay Now, Argue Later" Rule – Before and After the Tax Administration Act

The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an appeal, unless directed otherwise. This is also known as the "pay now, argue later" rule, and, for value-added tax purposes, is provided for in terms of section 36 of the Value-Added Tax Act 89 of 1991. The "pay now, argue later" rule in terms of section 36 of the Value-Added Tax Act prima facie infringes on a taxpayer's right of access to the courts as envisaged in section 34 of the Constitution. This is due to the fact that a taxpayer is obliged to pay tax before being afforded the opportunity to challenge the assessment in a court. In Metcash Trading Ltd v Commissioner for the South African Revenue Service, the Constitutional Court held the "pay now, argue later" rule in terms of section 36 to be constitutional. Olivier, however, does not agree with the court on several matters. Amongst the problems she indicates are that the taxpayer does not have access to the courts at the time the rule is invoked, and that the court did not consider the fact that there might be less invasive means available which would ensure that SARS's duty is balanced with the taxpayer's right of access to the courts. Guidelines were also issued which provide legal certainty regarding the factors SARS may consider in determining whether the payment of tax should be suspended or not. These guidelines also evoked some points of criticism. Since 1 October 2012, the "pay now, argue later" rule has been applied in terms of section 164 of the Tax Administration Act 28 of 2011. The question arises whether this provision addresses the problems identified in respect of section 36 of the Value-Added Tax Act and the guidelines. In comparing these sections, only slight differences emerged. The most significant difference is that section 164(6) of the Tax Administration Act stipulates that the enforcement of tax be suspended for a period when SARS is considering a request for suspension. Section 164(6) does not provide a solution to the problems identified regarding section 36 of the Value-Added Tax Act. It is even possible that this section could give rise to further problems. Therefore, the legislature has failed to address the imbalance between the duties of SARS and the right of a taxpayer to access the courts.

Trunk Injection Method for Introducing Chemical Formulations in to Rubber Trees

Natural Rubber is an important commodity to the economy of Sri Lanka. This industry makesexport earnings, sustain the livelihood of over thousands of people, supplement thousands ofhectares to the forest cover and provide many other socio-economic and ecological benefits.The economically important diseases are regarded as a major constraint for achievingpotential productivity levels of rubber cultivations. Hence management of these diseasesprovides economic benefits to rubber growers. The most popular method of disease control ischemical control. There are various chemical application techniques and spray applications,soil drenching, dusting or broadcasting are popular methods. Based on the age, type of thedisease or the prevailing weather conditions, the application technology needs to be changed.These conventional technologies have many health and environmental drawbacks. Therefore,economical and environmental friendly chemical application techniques have becomeimportant. The present study was aimed at investigating the trunk injection method forintroducing chemical formulations into trees. Several types of potential injectors are availableand the chemjet injectors described by Guest et al., (1994) was used throughout theexperiments. These injectors [Chemjet Trading (Pvt) Ltd, Australia] contain 20ml of thesolution and have a working pressure of 1 – 1.5 bars facilitating the formulation into the treesthrough drilled holes. The injection process was tested at Dartonfield Estate, on the Heveabrasiliensis clone RRIC 121. The average girth at the tested plants was 89 cm. Two analysesviz. 45, 60 to a depth of 4 cm from the outer bark was done. The uptake rates weredetermined using 8% tebuconazole in aqueous solutions. Uptake of the fungicide was slightlyhigher in deep injected method compared to shallow injection. The two angles tested againstthe liquid uptake too were not significantly different from each other. No interaction wasobserved among the injection angle and the depth of injection on the liquid uptake. More than70% of the trees had uptaken the entire 20ml injected volume within 48 hrs of injection.Trunk diameter had no effect on the uptaking process. The results obtained proved thepossibility of injecting liquids / chemical solutions into rubber trees. Trunk injection requireslow volumes of chemicals resulting in reduced cost in chemical applications. Minimumwastage of chemicals could be achieved together with reducing the impact of hazardouschemicals on the environment. Compared to the currently practiced chemical applicationmethods into trees, this application technique has many advantages.

"Pay Now, Argue Later" Rule – Before and After the Tax Administration Act

The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an appeal, unless directed otherwise. This is also known as the "pay now, argue later" rule, and, for value-added tax purposes, is provided for in terms of section 36 of the Value-Added Tax Act 89 of 1991.The "pay now, argue later" rule in terms of section 36 of the Value-Added Tax Act prima facie infringes on a taxpayer's right of access to the courts as envisaged in section 34 of the Constitution. This is due to the fact that a taxpayer is obliged to pay tax before being afforded the opportunity to challenge the assessment in a court.In Metcash Trading Ltd v Commissioner for the South African Revenue Service, the Constitutional Court held the "pay now, argue later" rule in terms of section 36 to be constitutional. Olivier, however, does not agree with the court on several matters. Amongst the problems she indicates are that the taxpayer does not have access to the courts at the time the rule is invoked, and that the court did not consider the fact that there might be less invasive means available which would ensure that SARS's duty is balanced with the taxpayer's right of access to the courts. Guidelines were also issued which provide legal certainty regarding the factors SARS may consider in determining whether the payment of tax should be suspended or not. These guidelines also evoked some points of criticism.Since 1 October 2012, the "pay now, argue later" rule has been applied in terms of section 164 of the Tax Administration Act 28 of 2011. The question arises whether this provision addresses the problems identified in respect of section 36 of the Value-Added Tax Act and the guidelines. In comparing these sections, only slight differences emerged. The most significant difference is that section 164(6) of the Tax Administration Act stipulates that the enforcement of tax be suspended for a period when SARS is considering a request for suspension. Section 164(6) does not provide a solution to the problems identified regarding section 36 of the Value-Added Tax Act. It is even possible that this section could give rise to further problems.Therefore, the legislature has failed to address the imbalance between the duties of SARS and the right of a taxpayer to access the courts.Keywords: Pay now, argue later; objections; appeal; Tax Administration Act; tax administration; taxpayers' rights; access to the courts; Constitution; tax collection; suspension of payment of tax.

'Pay Now, Argue Later' Rule Before and After the Tax Administration Act

The South African Revenue Service (SARS) is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an appeal, unless directed otherwise. This is also known as the now, argue later rule, and, for value-added tax purposes, is provided for in terms of section 36 of the Value-Added Tax Act 89 of 1991. The now, argue later rule in terms of section 36 of the Value-Added Tax Act prima facie infringes on a taxpayer's right of access to the courts as envisaged in section 34 of the Constitution. This is due to the fact that a taxpayer is obliged to pay tax before being afforded the opportunity to challenge the assessment in a court. In Metcash Trading Ltd v Commissioner for the South African Revenue Service, the Constitutional Court held the now, argue later rule in terms of section 36 to be constitutional. Olivier, however, does not agree with the court on several matters. Amongst the problems she indicates are that the taxpayer does not have access to the courts at the time the rule is invoked, and that the court did not consider the fact that there might be less invasive means available which would ensure that SARS's duty is balanced with the taxpayer's right of access to the courts. Guidelines were also issued which provide legal certainty regarding the factors SARS may consider in determining whether the payment of tax should be suspended or not. These guidelines also evoked some points of criticism. Since 1 October 2012, the now, argue later rule has been applied in terms of section 164 of the Tax Administration Act 28 of 2011. The question arises whether this provision addresses the problems identified in respect of section 36 of the Value-Added Tax Act and the guidelines. In comparing these sections, only slight differences emerged. The most significant difference is that section 164(6) of the Tax Administration Act stipulates that the enforcement of tax be suspended for a period when SARS is considering a request for suspension. Section 164(6) does not provide a solution to the problems identified regarding section 36 of the Value-Added Tax Act. It is even possible that this section could give rise to further problems. Therefore, the legislature has failed to address the imbalance between the duties of SARS and the right of a taxpayer to access the courts.

Determination of economic success level of particleboard industry: Forest Integrated Products Industry and Trading Ltd. Co. (ORMA) example

Particleboard industry has begun its activities in Istanbul in 1957 by “Sunta Tahta Sanayi” in Turkey. Together with the developing technology and economy, particleboard industry operations were replaced by new facilities. A competitive environment has occurred between facilities with increasing numbers in sector. In this environment, some facilities will be successful, others not. Success, alone, is a relative concept. Therefore, success should be defined with real values. This study dealing with the determination of economic success level of particleboard industry was conducted within the body of “Orman Mahsulleri Entegre Sanayi ve Ticaret AS (ORMA)” active in Isparta Province. This study examines the multidimensional definition of success in particleboard industry facilities, the determination the most important success variables and the measurement and evaluation of success. The study determined 32 variables that may affect the economic success in particleboard industry facilities. The results of the applied statistical analyses indicated the most important success variables to be UBTEK, KMO, KV, KAR, ISV, UGYYL, UGYE, UE, SBY, DSYLY, DSYE, DSYDOE, USOE, USOYL and PDH. With these results, a model that can be helpful in order to determine economic success of particleboard industry facilities was developed. Keywords: Forest products industry, Particleboard industry, Productivity, Level of success, Profitability, Performance measurement

<i>Mora Debitoris</i> and the Principle of Strict Liability:</i> Scoin Trading (Pty) Ltd v Bernstein</i> 2011 2 Sa 118 (SCA)

Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails to perform at the agreed date and time or after receiving a demand from the creditor, the debtor commits breach of contract in the form of mora debitoris. The question then arises whether or not a debtor would also commit breach in the form of mora debitoris if the delay in performance cannot be attributed to wilful disregard of the contract or a negligent failure to perform on time. This was the question which the court had to determine in Scoin Trading (Pty) Ltd v Bernstein.

Retail Grocery Prices in Victoria: The Relevance of Local Market Conditions

Australian Economic ReviewVolume 37, Issue 3 p. 317-328 Retail Grocery Prices in Victoria: The Relevance of Local Market Conditions Jill Walker, Jill Walker Network Economics Consulting GroupSearch for more papers by this authorTony Webber, Tony Webber Network Economics Consulting Group The work underpinning this article was originally under-taken on behalf of Metcash Trading Ltd, as part of a larger report on the effects of creeping acquisitions in the grocery industry. The authors wish to acknowledge the work and advice of Mike Smart, Zoran Peroski and Henry Ergas in relation to both the wider report and the work presented here. Any remaining errors are, of course, our own.Search for more papers by this author Jill Walker, Jill Walker Network Economics Consulting GroupSearch for more papers by this authorTony Webber, Tony Webber Network Economics Consulting Group The work underpinning this article was originally under-taken on behalf of Metcash Trading Ltd, as part of a larger report on the effects of creeping acquisitions in the grocery industry. The authors wish to acknowledge the work and advice of Mike Smart, Zoran Peroski and Henry Ergas in relation to both the wider report and the work presented here. Any remaining errors are, of course, our own.Search for more papers by this author First published: 23 September 2004 https://doi.org/10.1111/j.1467-8462.2004.00333.x AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Volume37, Issue3September 2004Pages 317-328 RelatedInformation

INDUSTRY

Capital Trading presentation to GEC. Coated‐steel stockholder Capital Trading Ltd has, in conjunction with British Steel Corporation, recently made a presentation to companies within the GEC group on the benefits and applications of coated steels.

International Equipment Trading Ltd.

ADVERTISEMENT RETURN TO ISSUEPREVArticleNEXTInternational Equipment Trading Ltd.Cite this: Anal. Chem. 1982, 54, 4, 612APublication Date (Print):April 1, 1982Publication History Published online29 May 2012Published inissue 1 April 1982https://doi.org/10.1021/ac00241a779RIGHTS & PERMISSIONSArticle Views8Altmetric-Citations-LEARN ABOUT THESE METRICSArticle Views are the COUNTER-compliant sum of full text article downloads since November 2008 (both PDF and HTML) across all institutions and individuals. These metrics are regularly updated to reflect usage leading up to the last few days.Citations are the number of other articles citing this article, calculated by Crossref and updated daily. Find more information about Crossref citation counts.The Altmetric Attention Score is a quantitative measure of the attention that a research article has received online. Clicking on the donut icon will load a page at altmetric.com with additional details about the score and the social media presence for the given article. Find more information on the Altmetric Attention Score and how the score is calculated. Share Add toView InAdd Full Text with ReferenceAdd Description ExportRISCitationCitation and abstractCitation and referencesMore Options Share onFacebookTwitterWechatLinked InReddit PDF (162 KB) Get e-Alerts Get e-Alerts

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Mr Malcolm J. Ross, previously commercial director of Carless Chemicals Ltd, has relinuiqshed that post to take up the appointment of managing director of Carless Chemicals Trading Ltd.

PARR v AUSTRALASIAN ASIATIC TRADING AND ENGINEERING CO PTY LTD

PARR v AUSTRALASIAN ASIATIC TRADING AND ENGINEERING CO PTY LTD