2015 Archives

Cause of action: Court raising point of law

by GilesFiles | May 30, 2016 | 2015, Causes and defences, Contractual breach, Courts, General, High Court, High Court judges, Judges, Labour Relations, Resolving disputes (LRL 3), Topics, Words & phrases | 0 |

The High Court raised a point of law mero motu as it was entitled, if not obliged, to do. This is so because if it is “apparent on the papers, but the common approach of the parties proceeds on a wrong perception of what the...

Legal privilege nature: Extent of confidentiality

by GilesFiles | Dec 17, 2015 | 2015, Bill of Rights, Causes and defences, Courts, High Court, High Court judges, Judges, Legal Practice, Personal Information, Resolving disputes (LRL 3), Roland Sutherland | 0 |

SA Airways Soc v BDFM Publishers (Pty) Ltd (2015/33205) [2015] ZAGPJHC 293; [2016] 1 All SA 860 (GJ); 2016 (2) SA 561 (GJ) (17 December 2015) per Sutherland J. HC headnote Legal advice privilege – nature of – it is a...

Unsold erven levies: Developer liable to HOA

by GilesFiles | Dec 10, 2015 | 2015, Applications, BC and HOAs, Community schemes, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Parties, Sectors, Stated case, Topics | 3 |

Sable Hills Waterfront Estate Home Owners’ Association NPC v Sable Hills Waterfront Estate CC (39635/2013) [2015] ZAGPPHC 831 (10 December 2015) per Fabricius J. The High Court found in favour of the Home Owners’...

Facebook account hacked: Evidence admitted by high court

by GilesFiles | Dec 3, 2015 | 2015, Bill of Rights, Causes and defences, Courts, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Personal Information, Resolving disputes (LRL 3), Statutes (LRL 2)-work | 2 |

Harvey v Niland (5021/2015) [2015] ZAECGHC 149 ; [2015] JOL 34909 ; (2016) ILJ 1112 (HC) (3 December 2015) per Plasket J. Two individual hunters were members of a close corporation [CC] but became bad friends. Harvey applied to...

Lawfare: Legality and deference to popular will

by GilesFiles | Nov 27, 2015 | 2015, Dennis Davis, High Court, Legal Practice, Legality principle, philosophy / economics, State Owned Enterprises, Words & phrases | 0 |

Democratic Alliance v SA Broadcasting Corporation Soc Ltd (12497/2014) [2015] ZAWCHC 182 (27 November 2015) per Davis J. The High Court reviewed and set aside the Minister’s decision in July 2014 to approve the recommendation...

Cause of action: Breach of statutory duty

by GilesFiles | Nov 25, 2015 | 2015, Causes and defences, Courts, General, High Court, Judges, Legal Practice, Topics | 0 |

Cilliers v Steenkamp (1386/2014) [2015] ZAWCHC 177 [2015] JOL 34781 (WCC) (25 November 2015) per JI Cloete J. In para [47] the High Court confirmed that a party relying on a breach of a statutory duty must prove that: the...

Professional negligence: Assessing contractual damages

by GilesFiles | Nov 24, 2015 | 2015, Causes and defences, Contractual breach, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Miscellaneous, Resolving disputes (LRL 3), Settlement agreements, Topics | 0 |

Sutherland v Drake Flemmer & Orsmond Inc (1576/2015) [2015] ZAECPEHC 65 (24 November 2015) per Revelas J. The High Court refused to uphold the attorneys’ argument that the plaintiff can only claim damages by referring to the...

Retirement benefits: Not forfeited by settlement agreement

by GilesFiles | Oct 29, 2015 | 2015, Anton Steenkamp, BCEA 1997 (LRL 10), Causes and defences, Courts, High Court, High Court judges, Judges, Mutual termination, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8) | 0 |

Heunis v Letsweleputswa District Municipality (2635/2015) [2015] ZAFSHC 200 (2016) 37 ILJ 895 (HC) (29 October 2015) per Mocumie J. The High Court granted the retired employee’s application and ordered the Municipality to...

Toll roads: Sanral decision set aside

by GilesFiles | Sep 30, 2015 | 2015, 2015 and earlier, A G Binns-Ward, Bill of Rights, Causes and defences, Courts, High Court, Judges, Landmark judgments, Legal Practice, Review tests, Statutes (LRL 2)-work | 0 |

City of Cape Town v South African National Roads Agency Ltd (6165/2012) [2015] ZAWCHC 135 (30 September 2015) per Binns-Ward and Boqwana JJ. The High Court partially granted the application and reviewed and set aside Sanral’s...

Forensic report privileged: Nature and extent

by GilesFiles | Sep 8, 2015 | 2015, 2015 and earlier, Access to information, Causes and defences, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, OL Rogers, Parties, Sectors, Topics, Universities and schools | 0 |

Du Toit v Stellenbosch University (10332/2014) [2015] ZAWCHC 126 (8 September 2015) per O Rogers J. In terms of the Promotion of Access to Information Act 2 of 2000 the High Court compelled the University to provide a forensic...

Owner builder: Registration as home builder?

by GilesFiles | Aug 12, 2015 | 2015, Bill of Rights, Causes and defences, High Court, Words & phrases | 0 |

Ruiters v Minister of Human Settlements (13669/14) [2015] ZAWCHC 107 (12 August 2015) per Donen AJ [61] The provisions of the Act relating to an owner builder do not expressly require proof of his or her technical competence. No...

OHSA: Access to inspector’s inquiry report

by GilesFiles | Aug 7, 2015 | 2015, 2015 and earlier, Courts, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legislation, PAJA 2000, Statutes (LRL 2)-work, Topics | 1 |

Industrial Health Resource Group v Minister of Labour (74793/2013) [2015] ZAGPPHC 555 (7 August 2015) per Matojane J at para [53] The order: It is declared that the persons referred to in section 32(5)(c) of the Occupational...

Category: 2015