High Court Archives | GilesFiles

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Common Law, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules and practice manuals, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Adjudication statutory appeal: Claim outside jurisdiction

by GilesFiles | Jul 16, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: delict, Common Law, Community housing schemes, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Refused, 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,...

Valid customary marriage: Lobola and other formalities

by GilesFiles | Jul 9, 2021 | 2020 +, Applications, Common Law, Courts, Customary Law, Declaratory, Evidence and onus, High Court, High Court judges, Holistic evaluation, Judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Topics, Totality | 0 |

T v K High court had regard to all the factors for a valid customary marriage and considered that there was no room for the argument made on behalf of the defendant that his (voluntary) absence from the wedding ceremonies was a...

Arbitration agreement disputed: Jurisdiction and powers?

by GilesFiles | Jun 22, 2021 | 2020 +, Applications, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Roman Dutch law principles, 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,...

Arbitration costs disputed: Absence of agreement

by GilesFiles | Jun 21, 2021 | 2020 +, Applications, Cause: general, Common Law, Courts, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Parties, Personal services, Private enterprises, Sectors, Special pleas, Topics | 0 |

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

Self-review application: PAJA or legality?

by GilesFiles | Jun 18, 2021 | 2020 +, Courts, Dispute Resolution (LRL 3), High Court, High Court judges, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

ICT-Works (Pty) Ltd v City of Cape Town Self-review application considered by high court and decided inter alia in para [99] that ‘ Justice and equity dictate that the City should not benefit from its unreasonable delay...

Appealing adjudicator order: Management rules interpreted

by GilesFiles | Jun 1, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: general, Cause: regulations, Common Law, Community housing schemes, Courts, Declaratory, Granted, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Orders, Parties, 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,...

Conduct rule disputed: Bypassing Ombud?

by GilesFiles | Jun 1, 2021 | 2020 +, Applications, Attorney client scale, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Sectors, Special pleas, Topics, Urgency | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

Irrational illegal investigation: Protected disclosures?

by GilesFiles | May 28, 2021 | 2020 +, Common law review, Consumer protection, Courts, Declaratory, Finance, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, protected disclosure, Public Protector, Review tests, Sectors, Termination & dismissal (LRL 8), Topics | 0 |

Cawe v Public Protector of RSA In deciding that the investigation was not only irrational and illegal the high referred to the Public Protector’s claim that her power and jurisdiction justify extraordinary relief on the...

Shall means may: Contextual construction necessary

by GilesFiles | May 18, 2021 | 2020 +, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Cause: general, Cause: statute, Common Law, Common law review, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Review tests, 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,...

Municipal manager reinstated: Appointment letter clear

by GilesFiles | May 4, 2021 | 2020 +, Applications, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Fixed-term contracts, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Operation of law, Orders, Parties, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 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,...

Defamatory statements penalised: Lawyer protected

by GilesFiles | Apr 26, 2021 | 2020 +, Cause: delict, Common Law, Compensation, Courts, Evidence and onus, Evidentiary burden, Exceptions/special pleas, High Court, High Court judges, Judges, Legal Practice, Onus of proof, Orders, Special pleas, Statement of claim, Topics | 0 |

Katz v Welz (Chaucer Publications) Defamatory statements made and published concerning a prominent attorney penalised in an action for damages which is one that seeks to protect the personal rights of persons, including the...

Category: High Court