Category: Roland Sutherland

High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

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Resolution determining levies: Actual cause of action?

Body Corporate of Kleber v Obakeng Must a body corporate notify an owner that levies are in arrears after the passing of a resolution determining the amount of the levies? “13. Even if, in a given example, it was so that...

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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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Providing benefits considered: CCMA lacked jurisdiction

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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Dismissal powers considered: Who is the employer?

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Workplace shut down: Intimidation and fair dismissal

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Sectoral determination exemption: Lawfulness of cut-off date?

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Signing referral form: Rejected literalist approach

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Misappropriating company property: Abusing managerial powers

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Wage disparity alleged: Narrow compass interpretation?

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Demarcation award appeal: Creating enterprise groups

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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Unusual costs order: Successful legal practitioner

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