MJD Wallis Archives - GilesFiles

Oppressive or prejudicial conduct: Appeal allowed

by GilesFiles | Mar 26, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, MJD Wallis, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Retired judges, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), 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,...

Experts joint minute: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Delict, Disallowed, Evidence & onus, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics, Uniform HC | 0 |

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

Business rescue practitioners: No conflict of interest

by GilesFiles | May 21, 2021 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MJD Wallis, Orders, Resolving disputes (LRL 3), SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Oakbay Investments (Pty) Ltd v Tegeta Exploration and Resources (Pty) Ltd Considering possible conflict of interest by business rescue practitioners SCA stated that “An examination of the sub-sections of s 139(2) reveals...

Employment related injuries: Employer vicarious liability

by GilesFiles | Mar 4, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Delict, Government, Interpretation etc, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Provincial, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

Churchill v Premier of Mpumalanga SCA in resolving work related injuries confirmed that ‘there is no bright line test and the enquiry is always whether the statutory requirement that the accident arose out of the...

Enrichment claim considered: Condictio indebiti requirements

by GilesFiles | Dec 23, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Finance, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MJD Wallis, Municipal, Orders, Parties, Pension & retirement funds, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

Social media defamation: Many issues considered

by GilesFiles | Dec 17, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

Business rescue practitioners: No grounds for removal

by GilesFiles | Dec 9, 2020 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Conduct & capability, Courts, Judges, Jurisdiction & powers, Legal Practice, Legislation, MJD Wallis, Orders, Parties, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Knoop NO v Gupta (Tayob Intervening) SCA confirmed two general principles that apply to removal of business rescue practitioners (BRPs) and confirmed that it is not something to be ordered lightly and that the primary reason...

Actio communi dividundo: Co-ownership of property

by GilesFiles | Oct 1, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, General, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Parties, Pension & retirement funds, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Thought Leaders, Topics, Trustees | 0 |

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

Faulty foundations constructed: Special resolution needed?

by GilesFiles | Sep 21, 2020 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Delict, General, Interpretation etc, Judges, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

Dangerous nursery schools : Legal duties considered

by GilesFiles | Sep 16, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, Causes and defences, Courts, Declaratory, Delict, General, Government, Joinder, Judges, Legal Practice, Legislation, MJD Wallis, Non-profit organisations, Orders, Parties, Provincial, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

MEC: Western Cape Department of Social Development v Esau Dangerous nursery schools and legal liability for injuries concerning regulation 30(4) but the same legal principles and policy issues governing wrongfulness were...

Strict liability principle: Domesticated animals causing harm

by GilesFiles | Sep 11, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Van Meyeren v Cloete Actio de pauperie exists to ensure that as between the owner of an animal and the innocent victim of harm caused by the animal, it is appropriate for the owner to bear the responsibility for that harm and in...

Fiduciary duty breached: Wrongful conduct discussed

by GilesFiles | Sep 2, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, General, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Parties, Roman Dutch law, SCA judges, Supreme Court of Appeal, Topics, Trustees | 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,...

Category: MJD Wallis