Associations & corporate bodies Archives

Holding occupational rights: Consent to alienation?

by GilesFiles | Jan 20, 2022 | 2020 +, appeal, Appeals, Associations & corporate bodies, Body corporates, Causes of action, Community housing schemes, Consumer protection, Contractual breach, Courts, Disallowed, Endumeni Municipality case, Evidence and onus, Homeowners associations, Interpretation and application, Judges, Legal Practice, Legislation, Non-profit organisations, Orders, Orders re costs, Parties, 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,...

Pure economic loss: Legal Practice Council liability?

by GilesFiles | Nov 26, 2021 | 2020 +, Applications, Associations & corporate bodies, Causes of action, Courts, Declaratory, Delict, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Legal Practice Council v Louw In considering a claim for pure economic loss the high court decided that on the issue of wrongfulness there were no public or legal policy considerations that dictated that the Legal Practice...

Twiddling thumbs decried: LPC ordered to report

by GilesFiles | Nov 4, 2021 | 2020 +, Associations & corporate bodies, Causes of action, Courts, High Court, High Court judges, Judges, Legal Practice, Legal practitioners, LRA Chpt: 7: s112-184 Dispute resolution, ML Sher, Orders, Orders re costs, Parties, Personal services, Review tests, Rules, Sectors, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

Legal Practice Council v Van Wyk Twiddling thumbs by LPC decried by high court which stated at “70. As a result, it has unfortunately become necessary for the Court, in the exercise of its powers in matter such as these to...

Validating void disposition: Interpreting Companies Act

by GilesFiles | Sep 30, 2021 | 2020 +, appeal, Appeals, Associations & corporate bodies, Courts, Disallowed, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Manufacturing, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Pride Milling Company (Pty) Ltd v Bekker NO Validating void disposition considered by SCA which also decided “that given the effect of s 341(2), a party approaching a court and seeking that the court order otherwise would...

Registering employer organisations: Must be genuine

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Disseminating false information: Destroyed trust

by GilesFiles | Aug 2, 2021 | 2020 +, Acting LC judges, Associations & corporate bodies, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Misconduct generally, occupational detriment, Orders, Orders re costs, Parties, protected disclosure, Review tests, Sean Snyman, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA 186(2)(d), LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Refused, Rules, Sectors, self-created urgency, Statutes (LRL 2) - work law, Struck off, Topics, Urgency | 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,...

Unwanted unwelcome conduct: Undermining dignity self-worth

by GilesFiles | May 13, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Awards -s145, Bill of Rights, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Finance, Harassment & bullying, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, PAJA 2000, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, 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,...

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 +, Allowed, appeal, Appeals, Associations & corporate bodies, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, General, Impossible or illegal performance, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Regulations, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations & corporate bodies, Causes of action, Courts, Declaratory, Delict, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 +, Appeals, Applications, Associations & corporate bodies, Causes of action, Courts, Declaratory, General, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

Category: Associations & corporate bodies