DN Unterhalter Archives

Disputed arbitration agreement: Adopt robust approach

by GilesFiles | Dec 1, 2021 | 2020 +, Allowed, appeal, Appeals, Causes of action, Construction industry, Contractual breach, Courts, Declaratory, DN Unterhalter, Evidence and onus, Evidentiary burden, General, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

Absolution from instance: Test to be applied

by GilesFiles | Oct 27, 2021 | 2020 +, absolution from instance, Appeals, Applications, Bill of Rights, Causes of action, Central, Courts, Dignity equality freedom, DN Unterhalter, Evidence and onus, Evidentiary burden, General, Government, High Court judges, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Organs of state, Parties, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics, Totality | 0 |

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

Contractual interpretation considered: Concept of good faith

by GilesFiles | Jul 9, 2021 | 2020 +, 2020 +, Allowed, appeal, Appeals, Banks, Bill of Rights, Bill of Rights, Causes of action, Courts, Dignity equality freedom, DN Unterhalter, Endumeni Municipality case, Evidence and onus, Finance, General, High Court judges, Interpretation and application, Judges, Landmark judgments, Legal Practice, Orders, parol evidence rule, Parties, Private enterprises, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Capitec Bank Holdings Ltd v Coral Lagoon Investments 194 (Pty) Ltd Contractual interpretation considered and question is whether courts are permitted to impose agreements that parties did not make – whether in the cause of good...

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), DN Unterhalter, EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Exceptions/special pleas, Government, High Court judges, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

Trade mark confusion: Determining possible deception?

by GilesFiles | Jan 29, 2021 | 2020 +, appeal, Appeals, Causes of action, Consumer protection, Courts, Delict, Disallowed, DN Unterhalter, Evidence and onus, High Court judges, Interpretation and application, Judges, Legal Practice, Orders, Plascon-Evans rule, SCA judges, Supreme Court of Appeal, Topics | 0 |

Swatch AG (Swatch SA) v Apple Inc SCA dealt with trade mark confusion and outlined the relevant considerations when comparing two marks to determine whether they are deceptively or confusingly similar and referred to...

Good faith principle: Informed understanding of rights

by GilesFiles | Sep 29, 2020 | 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Construction industry, Courts, Declaratory, Disallowed, DN Unterhalter, General, Interpretation and application, Judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, Protection of Personal Information, SCA judges, Sectors, Statutes (LRL 2) - work law, Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics, Trust and confidence | 0 |

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd Good faith principle enforced and refusal to disclose fails to accord with requirements of good faith, cooperation and trust because it would leave...

Irrevocable shareholder undertakings: Valid and enforceable?

by GilesFiles | Aug 20, 2020 | 2020 +, Appeals, Causes of action, Contractual breach, Courts, DN Unterhalter, Exceptions/special pleas, High Court judges, Judges, Legal Practice, SCA judges, Statutory, Supreme Court of Appeal, Topics | 0 |

Women in Capital Growth (Pty) Ltd v Scott SCA decided matter in chambers and without argument and considered irrevocable shareholder undertakings provided on behalf of a company and after finding that the issues were moot,...

Adjusting levies considered: Exclusive use of gardens areas

by GilesFiles | Mar 6, 2020 | 2020 +, Allowed, appeal, Appeals, Body corporates, Causes of action, Community housing schemes, Courts, DN Unterhalter, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules, Sectors, Statutory, 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,...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020 +, 2020 +, Applications, Bill of Rights, Bill of Rights, Causes of action, Courts, Declaratory, DN Unterhalter, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, Review tests, Rules, Sectors, Statutory, Topics, Uniform High Court | 0 |

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

Preserving information application: Norwich Pharmacal relief granted

by GilesFiles | Jan 31, 2018 | 2018, 2018, Access to information, Anton Piller, Causes of action, Consumer protection, Courts, DN Unterhalter, High Court, High Court judges, Judges, Landmark judgments, Legal Practice, Protection of Personal Information, Sectors, 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,...

Category: DN Unterhalter