Category: Legal practitioners

Irrevocable power of attorney: Securing a debt

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

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Covid-19 lawyers chastised: Deprived of fees

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

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Arbitrators’ notes privileged: Disclosure not required

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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Collection costs interpreted: National Credit Act

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by  ensuring that creditor...

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Security exemption refused: Good cause absent

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,...

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Attorneys’ profession norms: Fees for acting as curator

Mostert v Nash A significant judgment of the SCA concerning the attorneys’ profession norms regarding remuneration of attorneys when acting as court appointed curators and also discussing the implications of the Contingency Fees...

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Discovering bank statements: Perils of litigation

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,...

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Baffling bar rule: Invalid reason to dismiss

The LAC allowed the appeal, reversed the order of the Labour Court and the arbitral award and reinstated a senior employee with 17 years of unblemished service.  The employee was unfairly and summarily dismissed on 18 August...

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