Category: High Court

Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Varying assessment tariff: split decision re condonation

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Contravening HOA rules: Severe penalty imposed

Silver Lakes Homeowners Association v CJL When considering issue of contravening HOA rules must adjudicator play an active role in actual process? “[21] I turn finally to the conclusion made by the adjudicator that the...

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Possible organized crime: Contra bones mores

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Oppressive and unfairly prejudicial: Special resolution

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Defamatory statements confirmed: Body Corporate liable

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate’s evaluation of the evidence in light...

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Collective bargaining process: Undermining considered

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Substantive wage agreement: Lawful and valid

Psa (Public Servants Association) v SARS Substantive wage agreement “[1] This case revolves around the lawfulness, or otherwise, of a Substantive Wage Agreement entered into between the First Respondent and some of its...

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Agreeing to arbitrate dispute: Special pleas rejected

Kotzen NO v Thorn Valley Estate Homeowners Association NPC By agreeing to arbitrate a dispute are parties entitled to an actual outcome as opposed to a process?  “19. These and similar complaints are the high water mark of...

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Enforceable contractual right: Absence of evidence

KSD Employees – Traffic Officers v King Sabata Dalindyebo Local Municipality (KSD) How is court expected to decide whether there is an enforceable contractual right if there is a failure to produce the complete employment...

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Extended sick leave: Operation of law discharge

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BCEA provisions invalid: Time off from work

WvW v Minister of Employment and Labour What value choices need to be protected and enforced when considering whether to declare certain provisions of BCEA invalid? “[1] This application is about allegations of...

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