Delict Archives

Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Cautionary rule, Circumstantial, Clear and convincing, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Factual disputes, Granted, Interdicts and rule nisi, Judges, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Picketing, Plascon-Evans rule, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law principles, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 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,...

Oppressive company conduct: Unfair shareholder prejudice

by GilesFiles | Feb 23, 2022 | 2020 +, Allowed, appeal, Appeals, Causes of action, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

Valencia Holdings 13 (Pty) Ltd v Armitage NO Oppressive company conduct considered on appeal by full bench and decided that the “conduct complained of by the respondent in relation to the appellants are not the type of...

Lawful employment termination: compliance with contract

by GilesFiles | Jan 31, 2022 | 2020 +, absolution from instance, Applications, Banks, Bill of Rights, Bill of Rights, Causes of action, Contractual breach, Courts, Delict, Dignity equality freedom, Dismissal generally, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Finance, High Court, High Court judges, Judges, Lawfulness, Legal Practice, Legislation, Meaning of dismissal, Orders, Orders re costs, Parties, Proof required, Res judicata (issue estoppel), Sectors, Special pleas, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

Construing exemption clauses: Delict or contract

by GilesFiles | Jan 18, 2022 | 2020 +, Allowed, appeal, Appeals, Causes of action, Contractual breach, Courts, Declaratory, Delict, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, Logistics, Orders, Parties, Private enterprises, Roman Dutch law principles, SCA judges, Sectors, Special pleas, 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,...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Courts, Delict, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

Breaching restraint confidentiality: Anton Piller

by GilesFiles | Nov 29, 2021 | 2020 +, Anton Piller, Applications, Attorney client scale, Causes of action, Contractual breach, Courts, Declaratory, Delict, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Manufacturing, Orders, Orders re costs, Parties, Personal services, Private enterprises, Refused, Rules, Sectors, Special pleas, Topics, Trade | 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...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Causes of action, Central, ConCourt judges, Constitutional Court, Courts, Delict, Disallowed, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, M Madlanga, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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 minutes: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Causes of action, Contractual breach, Courts, Delict, Disallowed, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 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...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A.G. Binns-Ward, Amending pleadings, Applications, Bill of Rights, Causes of action, Courts, Delict, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Organs of state, Parties, Rules, Sectors, Special pleas, Topics | 0 |

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Eviction just and equitable: Relationship breached

by GilesFiles | Sep 30, 2021 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Courts, Declaratory, Delict, Eviction/ejectment, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Not awarded, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

Disobeying court order: Protected strikers and contempt

by GilesFiles | Sep 22, 2021 | 2020 +, Acting LC judges, Applications, Causes of action, Confirmed, Contempt of court, Contractual breach, Courts, Delict, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Rule nisi, Rules, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade, Trade unions, Zungu doctrine | 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: Delict