Category: 2015

Cause of action: Court raising point of law

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...

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Unsold erven levies: Developer liable to HOA

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’...

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Facebook hacked: Evidence admitted by High Court

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...

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Professional negligence: Assessing contractual damages

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...

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Retirement benefits: Not forfeited by settlement agreement

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...

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Toll roads: Sanral decision set aside

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...

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Forensic report privileged: Nature and extent

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...

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OHSA: Access to inspector’s inquiry report

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...

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