High Court Archives | GilesFiles

COVID-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Cause: regulations, Cause: statute, Common Law, Courts, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, Philosophy and economics, Sectors, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Stipulatio alteri examined: Benefit conferred on HOA?

by GilesFiles | Mar 11, 2020 | 2020, 84 Real estate activities, A.G. Binns-Ward, Applications, Body corporates, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Judges, Legal Practice, Legislation, Orders, Parties, Property, Sectors, Special pleas, Topics | 0 |

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high court and decided that the right applicant purports to exercise in seeking the relief it does in these proceedings could...

Protectable interests examined: Unrealistic threat

by GilesFiles | Feb 24, 2020 | 2020, 62 Retail trade not vehicles, A.G. Binns-Ward, Applications, Bill of Rights, Cause: contractual breach, Clothing & textiles, Common Law, Competition, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Parties, Philosophy and economics, Plascon-Evans rule, Private enterprises, Refused, Restraints, Sectors, Topics, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Intimidation threats interdicted: Undocumented nationals

by GilesFiles | Feb 17, 2020 | 2020, 99 Service activities other, Applications, Cause: delict, Cause: general, Cause: statute, Common Law, Courts, Government - municipal, Government: Municipal, Granted, granted, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Philosophy and economics, Rule nisi, Sectors, Topics, Urgency | 0 |

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020, 2020, 99 Service activities other, Applications, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, DN Unterhalter, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Philosophy and economics, Private enterprises, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

Conduct rules breached: Refused CSOS Act s 57 appeal

by GilesFiles | Jan 28, 2020 | 2020, Appeals, Body corporates, Cause: statute, Common Law, Common law review, Community schemes, Condonation, Courts, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Refused, Review tests, Rules and practice manuals, Sectors, Topics, Trustees, Uniform High Court | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reinstatement order reversed: Appealing interim order

by GilesFiles | Jan 14, 2020 | 2020, Appeals, Common Law, Courts, Dismissal: lawfulness, Dispute Resolution (LRL 3), erroneously granted, erroneously sought, Financial services, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, PA Meyer, Parties, Private enterprises, Reinstatement, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Collection costs interpreted: National Credit Act

by GilesFiles | Dec 13, 2019 | 2019, Applications, Banks, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, Financial services, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Sectors, SOEs (State Owned Enterprises), Topics | 0 |

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by ensuring that creditor...

Executive power exercised: Reinstatement refused

by GilesFiles | Dec 11, 2019 | 2019, abuse of process, Applications, Attorney client scale, Bill of Rights, Common Law, Courts, Financial services, Government - central, Hans Fabricius, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders re costs, Organs of state, Parties, punitive costs, Refused, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Diverse people unite: Right of access to court v2

by GilesFiles | Dec 6, 2019 | 2019, Agriculture, Applications, Bill of Rights, Common Law, Community schemes, Courts, Declaratory, Dignity equality freedom, Exceptions/special pleas, Government - central, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Philosophy and economics, Sectors, Special pleas, Topics | 0 |

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants who inter alia asserted...

Life-right confirmed: Eviction order overturned

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, ED Wille, Eviction/ejectment, High Court, High Court judges, Judges, Labour Relations Act 1995, Legal Practice, Orders, Parties, Private enterprises, Property, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Balancing constitutional rights: Dignity and expression

by GilesFiles | Nov 11, 2019 | 2019, Bill of Rights, Common Law, Courts, Dignity equality freedom, Duty to begin, Evidence and onus, Evidentiary burden, High Court, High Court judges, JP Daffue, Judges, Legal Practice, Onus of proof, Rules and practice manuals, Statement of claim, Topics, Uniform High Court | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: High Court