Category: MJD Wallis

Commission entitlement examined: Agreement to pay required

Twende Africa Group (Pty) Ltd t/a TAG Marine v MFV Qavak Commission entitlement examined and SCA held there could not be any wrongful interference with the contract because there was no proof of an agreement with the broker to...

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Process abuse punished: Business rescue and costs

Van Staden NO v Pro-Wiz (Pty) Ltd Process abuse punished because the SCA was satisfied that a punitive costs order was appropriate because the purpose behind the business rescue application was not to achieve either...

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Reviewable factual error: Factors to be considered

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by...

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Right to silence: Unconstitutional intimidation clause

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services   The SCA decision is significant because it is also relevant to the rights of employees who are faced with...

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Attorneys’ profession norms: Fees for acting as curator

Mostert v Nash A significant judgment of the SCA concerning the attorneys’ profession norms regarding remuneration of attorneys when acting as court appointed curators and also discussing the implications of the Contingency Fees...

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