A G Binns-Ward Archives

Varying assessment tariff: split decision re condonation

by GilesFiles | Feb 29, 2024 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Disallowed, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Selected judges, State organs, 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,...

Permanent stay application: Alternative remedy discussed

by GilesFiles | Jul 31, 2023 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Finance, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Refused, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutory, staying proceedings, Topics | 0 |

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...

Cancelling arbitration agreement: Consequences?

by GilesFiles | Apr 11, 2023 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutory, Topics | 0 |

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...

Profit-sharing arrangement: Onus of proof?

by GilesFiles | Nov 28, 2022 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Hospitality, Insights, Judges, Legal Practice, Management, Orders, Parties, Pleadings, Poor performance, Private enterprises, Risks, Rules Codes & Manual, Sectors, Termination (LRL 8), Topics, Trust & confidence | 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,...

Condoning late appeal: Conflicting decisions?

by GilesFiles | Nov 16, 2022 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, BC and HOAs, BC Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, Granted, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, 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,...

Apprehension of irreparable harm: Well-grounded?

by GilesFiles | May 30, 2022 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Government, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Personal services, Refused, Regulations, Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, staying proceedings, Topics, Urgency | 0 |

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...

School admission policy: Delimiting feeder zone

by GilesFiles | Oct 26, 2021 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Refused, Review tests, Rules Codes & Manual, Sectors, Topics, Uniform HC, Universities and schools | 0 |

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...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Evidence & onus, Government, Hearing procedure, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Parties, Pleadings, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, State organs, Topics, Vicarious liability | 0 |

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),...

Shall means may: Contextual construction necessary

by GilesFiles | May 18, 2021 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Common law, Contempt, Courts, Declaratory, General, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Review tests, 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,...

Mandatory interdict considered: Resultant harm?

by GilesFiles | Mar 15, 2021 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, Pleadings, Special pleas, Topics | 0 |

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...

Badenhorst principle applied: Service agreements

by GilesFiles | Feb 19, 2021 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, Topics | 0 |

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...

First refusal right: Part of larger package

by GilesFiles | Jan 4, 2021 | 2020 onwards, A G Binns-Ward, Agriculture, Applications, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Legal Practice, Orders, Parties, Private enterprises, Refused, Sectors, Special pleas, Topics | 0 |

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...

Category: A G Binns-Ward