DN Unterhalter Archives

Rules of natural justice: Context-sensitive?

by GilesFiles | Jun 24, 2026 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, DN Unterhalter, Fair procedure, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Micro enterprises, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Unlawful and void | 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,...

Exemption from internal remedies: Must be exhausted?

by GilesFiles | Sep 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, DN Unterhalter, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, 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,...

Pleading necessity defence: Exceptional circumstances?

by GilesFiles | Mar 26, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Disallowed, DN Unterhalter, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, Private security, Refused, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Special pleas, Struck off, 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,...

Self-legality review: Power to procure services

by GilesFiles | Dec 12, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Consumer protection, Contractual breach, Costs, Courts, Declaratory, DN Unterhalter, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, SCA judges, Sectors, State Owned Enterprises, 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,...

Examining settlement agreement: Absence of concurrence

by GilesFiles | Dec 2, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Contractual breach, Courts, Declaratory, DN Unterhalter, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, SCA judges, Sectors, State organs, 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,...

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 03: 11-63 Bargain, LRA 1995, Management, Orders, Parties, Personal services, Protectable interests, Public policy, SCA judges, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Territorial jurisdiction, Topics, Trade restraints, 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...

Allowing amendments to pleadings: General principles reaffirmed

by GilesFiles | Dec 8, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, DN Unterhalter, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Manufacturing, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Special pleas, 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,...

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, HC Uniform, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 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, Damages, 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...

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