Gartner v Ernst and Young

The applicants in this case, who were former employees of the respondent company, sought to challenge a decision of the company's directors to terminate their employment. The applicants alleged that the decision was made in bad faith and without proper process. The respondents sought to have the proceedings dismissed on the basis that the applicants had not complied with certain procedural requirements. The court had to decide whether the applicants' claims were justiciable and whether the procedural requirements had been properly complied with.

The court found that the applicants' claims were justiciable, as they were not precluded by any policy considerations or public law principles. The court also found that the applicants had substantially complied with the procedural requirements, as they had provided sufficient particulars of their claims and had not caused any prejudice to the respondents. The court therefore refused the respondents' application to dismiss the proceedings and adjourned the notice of motion to a later date. The court held that the applicants' claims were not barred by any procedural defects and that they were entitled to have their claims heard on the merits.