High Court Archives | GilesFiles

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020, Access to information, Anton Piller, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Finance, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, New evidence, Orders, Parties, Personal services, Private enterprises, Protection of Personal Information, Rules and practice manuals, Sectors, 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,...

Interrupting power supply: Attempt to bypass municipality?

by GilesFiles | Oct 12, 2020 | 2020, Applications, Cause: contractual breach, Cause: statute, Central, Common Law, Courts, Declaratory, Electricity, Government, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Orders, Organs of state, Parties, Private enterprises, Refused, Sectors, SOEs (State Owned Enterprises), 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,...

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020, appeal, Appeals, Associations, Cause: regulations, Cause: statute, Common Law, Common law review, Community schemes, Courts, Granted, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Disposition without value: Exception and ‘value’?

by GilesFiles | Sep 11, 2020 | 2020, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Special pleas, Statement of claim, Topics | 0 |

Strydom NO v Snowball Wealth (Pty) Ltd Disposition without value or ‘not made for value’ interpretated by High Court in context of an exception to the pleadings and on the facts the disposition was clearly not for...

Penalty stipulation enforced: Moderated and reduced

by GilesFiles | Sep 10, 2020 | 2020, Cause: contractual breach, Cause: statute, Common Law, Courts, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Organs of state, Parties, Personal services, Sectors, Statement of claim, 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,...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020, A.G. Binns-Ward, appeal, Appeals, Body corporates, Cause: general, Common Law, Community schemes, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Common law review, Community schemes, Courts, Declaratory, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Assessing urgent applications: Compliance with rules?

by GilesFiles | Aug 25, 2020 | 2020, Applications, Cause: general, Common Law, Courts, High Court, High Court judges, Judges, Legal Practice, Orders, Res judicata, Rules and practice manuals, Struck off, Topics, Uniform High Court, Urgency | 0 |

Rokwil Civils (Pty) Ltd v Le Sueur NO High Court had regard to various factors and case law in assessing urgent applications and decided that applicant had failed to discharge the onus of proving that non-compliance with the...

Adopting holistic approach: Balancing interests

by GilesFiles | Aug 25, 2020 | 2020, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Roman Dutch law principles, Topics | 0 |

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

Remote hearing refused: Microsoft Teams or Zoom

by GilesFiles | Aug 7, 2020 | 2020, Applications, Courts, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Postponements, Rules and practice manuals, Topics | 0 |

Union-Swiss (Pty) Ltd v Govender (Royal Brighton) Remote hearing refused by High Court after considering various directives and some case law from Canada and Australia mainly because the plaintiff was unable to show why the...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Applications, Cause: statute, Common Law, Courts, Eviction/ejectment, Granted, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Cause: delict, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules and practice manuals, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Category: High Court