Category: A.G. Binns-Ward

Summary judgment applications: New procedure considered

Tumileng Trading CC v National Security and Fire (Pty) Ltd Summary judgment applications must comply with the amended Uniform Rule 32 which came into effect on 1 July 2019 but the high court doubted that any signal change has...

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Stipulatio alteri examined: Benefit conferred on HOA?

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high  court and decided that  the right applicant purports to exercise in seeking the relief it does in these proceedings could...

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Interdicting braai nuisance: Communal housing development

Red Ant Relocation and Eviction Services v CrouseInterdicting braai nuisance considered by the high court but offending structures had already been removed rendering moot that part of the relief being sought.  “I am not...

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Body corporate alterations: Appropriate dispute forum

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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Condoning non-compliance: No good and sufficient cause

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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