High Court Archives | GilesFiles

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

Prescribed minimum benefits: Cause of action lacking

by GilesFiles | Mar 15, 2021 | 2020 +, Applications, Attorney client scale, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Finance, High Court, High Court judges, Hospitality, issue estoppel, Judges, Jurisdiction and powers, Legal Practice, Legislation, lis alibi pendens, Orders, Orders re costs, Parties, Personal services, Res judicata, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Topics, Uniform High Court, Urgency | 0 |

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

Mandatory interdict considered: Absence of resultant harm

by GilesFiles | Mar 15, 2021 | 2020 +, A.G. Binns-Ward, Amending pleadings, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Special pleas, Topics | 0 |

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

Badenhorst rule applied: Sale and service agreement

by GilesFiles | Feb 19, 2021 | 2020 +, A.G. Binns-Ward, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Factual disputes, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Topics | 0 |

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 +, Appeals, Applications, Associations, Cause: general, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

Lapsed appeal right: Appeal struck from roll

by GilesFiles | Feb 15, 2021 | 2020 +, appeal, Appeals, Courts, Dunstan Mlambo, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legislation, Orders, Refused, Rules and practice manuals, Special pleas, Struck off, Topics | 0 |

Myeni v Organisation Undoing Tax Abuse (Outa) Full bench of high court considered a lapsed right to appeal and decided that for a decision to become the subject of an application for leave to appeal the application must have...

Separating legal issues: Leave to appeal refused

by GilesFiles | Feb 12, 2021 | 2020 +, Applications, Cause: general, Common Law, Courts, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legislation, Orders, prescription, Rules and practice manuals, Topics, Uniform High Court | 0 |

Phatshoane Henney Attorneys v Trollip In separating legal issues high court cited authority for deciding that convenience must be demonstrated and sufficient information must be placed before the court to enable it to exercise...

Business rescue practitioners: Payments voided

by GilesFiles | Feb 10, 2021 | 2020 +, Agriculture, Applications, business rescue, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Sectors, Special pleas, 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,...

Promoting information access: Partner seeking record

by GilesFiles | Feb 3, 2021 | 2020 +, Access to information, Applications, Cause: statute, Common Law, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Protection of Personal Information, Specific performance, Topics | 0 |

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

Judicial review explained: Student disciplinary inquiry

by GilesFiles | Feb 1, 2021 | 2020 +, Common law review, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Not awarded, Orders, Orders re costs, Parties, Personal services, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Topics, Uniform High Court, Universities and schools | 0 |

Dart v DAC of Stellenbosch University High court explained function of judicial review and decided that because the issue of notice did not appear from either the Notice of Motion or the affidavits filed of record, the...

Bargaining council chairperson: No defence to defamation

by GilesFiles | Jan 29, 2021 | 2020 +, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Exceptions/special pleas, High Court, High Court judges, Judges, Legal Practice, Onus of proof, Orders, Roman Dutch law principles, Special pleas, Statement of claim, Topics | 0 |

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

Protecting judicial independence: Issue of gross misconduct

by GilesFiles | Jan 28, 2021 | 2020 +, Applications, Bill of Rights, Cause: general, Cause: statute, Common Law, Courts, Declaratory, Dunstan Mlambo, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Topics | 0 |

Freedom Under Law v Motata In dealing with protecting judicial independence the high court explained that definition of ‘service’ buttressed the underlying rationale that retirement cannot lead to loss by retired...

Category: High Court