High Court Archives | GilesFiles

Confidentiality claim considered: Discovery and fairness

by GilesFiles | Jan 14, 2021 | 2020 +, Applications, Courts, Evidence and onus, Government, High Court, High Court judges, Judges, Legal Practice, Municipal, Organs of state, Parties, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

Restraints unintended consequences: Enforceable and lawful?

by GilesFiles | Jan 12, 2021 | 2020 +, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Protectable business interests, Public policy, Restraints and restrictions, Sectors, Special pleas, Topics, Transport & communication, Urgency | 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,...

Just and equitable: Meaning in different contexts

by GilesFiles | Jan 8, 2021 | 2020 +, Applications, Associations, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Plascon-Evans rule, Sectors, Topics | 0 |

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

Alleged corruption discovery: PAIA confidential and sensitive

by GilesFiles | Jan 8, 2021 | 2020 +, Access to information, Applications, Courts, Declaratory, Evidence and onus, Evidentiary burden, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Protection of Personal Information, Sectors, Topics, Universities and schools | 0 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

First refusal right: Part of larger package

by GilesFiles | Jan 4, 2021 | 2020 +, A.G. Binns-Ward, Agriculture, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Private enterprises, Refused, Sectors, Special pleas, Topics | 0 |

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

Arbitration award binding: Right to be wrong

by GilesFiles | Dec 2, 2020 | 2020 +, Agriculture, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, issue estoppel, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private arbitration, Private enterprises, Review tests, 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,...

Delictual damages claim: Exception principles discussed

by GilesFiles | Nov 27, 2020 | 2020 +, Applications, Cause: delict, Cause: statute, Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Manufacturing, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

Fawu vs Umbhaha Estates (Pty) Ltd In considering delictual damages claim the high court detailed the protest action of Fawu comprehensively and in great detail in amended particulars of claim including dates when each action was...

Disciplinary process outlined: Three-stage inquiry explained

by GilesFiles | Nov 26, 2020 | 2020 +, Applications, Attorney client scale, Cause: statute, Clear and convincing, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Orders, Orders re costs, Parties, Personal services, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

Business interruption insurance: Losses indemnified

by GilesFiles | Nov 20, 2020 | 2020 +, Applications, Cause: contractual breach, Common Law, Courts, Declaratory, Evidence and onus, Finance, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Parties, Private enterprises, Sectors, Topics, Urgency | 0 |

Grassy Knoll Trading 78 CC v Guardrisk Insurance Co Ltd High Court decided that the interpretation of the insurance policy adopted in Ma-Afrika Hotels is consistent with the decision in Café Chameleon and the findings in FCA in...

Magistrate recusing himself: Reviewed and set aside

by GilesFiles | Nov 6, 2020 | 2020 +, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Cause: general, Central, Common Law, Common law review, Courts, Declaratory, Government, High Court, High Court judges, interpleader proceedings, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legality principle, Orders, Organs of state, Parties, Review tests, Sectors, Topics | 0 |

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

Trial referral considered: Different to evidence referral

by GilesFiles | Oct 28, 2020 | 2020 +, Applications, Banks, Courts, Finance, High Court, High Court judges, Judges, Jurisdiction and powers, 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,...

Conflicting interests considered: Employee and executive director

by GilesFiles | Oct 27, 2020 | 2020 +, Applications, Construction, Courts, Declaratory, Dispute Resolution (LRL 3), 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, Orders, Parties, Private enterprises, Refused, Sectors, Statutes (LRL 2) - work law, 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,...

Category: High Court