Category: 2019

Emotional shock principles: Amicus curiae application

by GilesFiles | Dec 18, 2019 | 2019, 2019, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, philosophy / economics, SCA judges, Supreme Court of Appeal, Topics | 0 |

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...

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Legal advice privilege: Disclosure and waiver

by GilesFiles | Dec 13, 2019 | 2019, 2019, Appeals, Causes and defences, Courts, Evidence & onus, Interpretation etc, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

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Appealing with leave: Under what circumstances

by GilesFiles | Dec 13, 2019 | 2019, Appeals, Appeals - leave, Common law, Courts, Disallowed, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

National Credit Regulator v Lewis Stores (Pty) Ltd Appealing with leave considered by SCA and appeal from the decision of a high court under s 148(2)(b) lies with leave of that court sitting as a court of first instance....

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WhatsApp message examined: Not genuine offer

by GilesFiles | Dec 2, 2019 | 2019, Appeals, Causes and defences, Courts, Judges, Legal Practice, Parties, Private enterprises, SCA judges, Supreme Court of Appeal, 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,...

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Breaching conduct code: Invalid investigation

by GilesFiles | Dec 2, 2019 | 2019, Appeals, Associations/corporates, Causes and defences, Construction industry, Courts, Judges, Legal Practice, Legality principle, Legislation, Parties, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

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Hate speech examined: PEPUDA and constitutionality

by GilesFiles | Nov 29, 2019 | 2019, 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Parties, philosophy / economics, SCA judges, Sectors, State organs, Supreme Court of Appeal, 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,...

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Parol evidence rule: Partial integration rule

by GilesFiles | Nov 28, 2019 | 2019, Agriculture, Appeals, Causes and defences, Courts, Evidence & onus, Judges, Legal Practice, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Terms & conditions, 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,...

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Adversely affected interpreted: Sectional titles

by GilesFiles | Nov 28, 2019 | 2019, Appeals, BC and HOAs, Community schemes, Courts, Judges, Legal Practice, Legislation, Parties, SCA judges, Sectors, Supreme Court of Appeal, 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,...

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Retirement medical subsidy: Merging Technikons

by GilesFiles | Nov 22, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Legal Practice, MJD Wallis, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 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,...

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Justus error defence: Considered and rejected

by GilesFiles | Nov 22, 2019 | 2019, Appeals, Causes and defences, Courts, Judges, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, 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,...

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Commercial insolvency considered: Liquidator appointments

by GilesFiles | Nov 22, 2019 | 2019, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Judges, Legal Practice, Legislation, Logistics, MJD Wallis, Orders, SCA judges, Sectors, Supreme Court of Appeal, Topics, 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,...

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Vexatious proceedings examined: Final interdict refused

by GilesFiles | Nov 19, 2019 | 2019, Appeals, Causes and defences, Courts, Judges, Legal Practice, Legislation, MML Maya, SCA judges, Supreme Court of Appeal, 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,...

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