Category: A G Binns-Ward

Permanent stay application: Alternative remedy discussed

MVV v Director of Public Prosecutions, Western Cape Is it appropriate to grant a permanent stay application in civil proceedings given specific provisions in Criminal Procedure Act? “[33] The attitude adopted by the first...

Read More

Cancelling arbitration agreement: Consequences?

GR Sutherland and Associates (Pty) Ltd v V&A Waterfront Holdings (Pty) Ltd In cancelling an arbitration agreement what are the chances that a party will be exposed to prejudicial ‘procedural jockeying’? “[39] All...

Read More

Profit-sharing arrangement: Onus of proof?

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

Condoning late appeal: Conflicting decisions?

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

Apprehension of irreparable harm: Well-grounded?

E v The Health Professionals Council of SA When is there a genuine apprehension of irreparable harm that requires a court to stay an investigation into alleged unethical conduct? “[43] All of this leads me to conclude that...

Read More

School admission policy: Delimiting feeder zone

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

Read More

Claiming defamatory process: Proper factual basis

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Read More

Shall means may: Contextual construction necessary

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

Mandatory interdict considered: Resultant harm?

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

Read More

Badenhorst principle applied: Service agreements

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

Read More

First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

Read More

Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

Read More
Loading