Category: 2020 onwards

Right to counter-spoliate: Common law defences

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,...

Read More

Contractual & delictual damages: Claims prescribed

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,...

Read More

Protection against risk: Pure economic loss

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,...

Read More

Exceptional circumstances considered: Proviso effect explained

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,...

Read More

Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

Read More

Oppressive or prejudicial conduct: Appeal allowed

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,...

Read More

Malicious prosecution considered: Reasonable and probable cause

MGL v Justice and Constitutional Development and Correctional Service Was there reasonable and probable cause for instituting malicious prosecution and principles considered? “[95] On an assessment of the totality of the...

Read More

Recovering mistaken payments: Qualifying criteria not met

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,...

Read More

Unlawful intentional interference: Contractual relationships

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

Read More

Granting unsought order: Repayment of pension money?

PdN v Government Employees Pension Fund In upholding an appeal was SCA correct in deciding that high court erred in granting an unsought order for repayment of pension monies already paid to employee before settlement agreement...

Read More

Compelling clearance certificate: Causes of action explained

Body Corporate of Marsh Rose v Steinmuller When is compelling clearance certificate possible after unit bought at sale in execution and there are still monies owing to body corporate by way of levies and costs? “[29] To...

Read More

Reimbursing Body Corporate: Owner’s right to litigate?

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,...

Read More
Loading