DN Unterhalter Archives

Unlawful intentional interference: Contractual relationships

by GilesFiles | Dec 22, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, DN Unterhalter, Finance, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Orders, Parties, Personal services, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, SCA judges, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Territorial jurisdiction, Topics, Trade unions, Words & phrases | 0 |

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

Deprivation of property: Operation of law

by GilesFiles | Mar 31, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, DN Unterhalter, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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,...

Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? “[71] In the...

Disputed arbitration agreement: Adopt robust approach

by GilesFiles | Dec 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, DN Unterhalter, Evidence & onus, General, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform HC | 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 onwards, Appeals, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Dignity equality freedom, DN Unterhalter, Evidence & onus, General, Government, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 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 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, DN Unterhalter, Evidence & onus, Finance, General, High Court judges, Interpretation etc, Judges, Landmark judgments, Legal Practice, Orders, Parties, Private enterprises, Roman Dutch law, 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 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, DN Unterhalter, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, Special pleas, Statutes (LRL 2)-work, 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 onwards, Appeals, Appeals - leave, Causes and defences, Consumer protection, Courts, Delict, Disallowed, DN Unterhalter, Evidence & onus, High Court judges, Interpretation etc, Judges, Legal Practice, Orders, 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 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Construction industry, Courts, Declaratory, Disallowed, DN Unterhalter, General, Interpretation etc, Judges, Labour Relations, Legal Practice, Orders, Parties, Personal Information, Private enterprises, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics, Trust & 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 onwards, Appeals, Causes and defences, Contractual breach, Courts, DN Unterhalter, 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

by GilesFiles | Mar 6, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, DN Unterhalter, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, 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,...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020 onwards, 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, DN Unterhalter, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Uniform HC | 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...

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