Category: General

Disgorging secret profits: Secondment agreements

RFS Administrator v SLS and others What are legal requirements when claim relates to disgorging secret profits and what is effect of secondment agreement? “[62] In order to succeed with its claim for disgorgement of...

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Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Granting unsought order: Repayment of pension money?

PdN v Government Employees Pension Fund In upholding an appeal was SCA correct in deciding that high court erred in granting an unsought order for repayment of pension monies already paid to employee before settlement agreement...

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Consolidating disputes considered: Expedient and just?

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Unproven alleged dishonesty: Burden of proof

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Inexcusable delayed hearing: Final interdict granted

Dr A v Health Professions Council of SA What should courts do when there is an inexcusable delayed hearing against doctor concerning alleged unprofessional medical conduct? ’84. I also agree that if one considers the...

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Beneficial interest explained: Regulating ownership

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Recommencing arbitration proceedings: Arbiter mistakes

Minister of Correctional Services v NWM Will recommencing arbitration proceedings always be necessary when earlier proceedings are a nullity due to arbiter conduct? “[90] Having regard to the conclusion I have come to...

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Necessary repair expenses: Negotiorum gestio

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Bad faith motives: Conflicting interests?

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Discretion improperly exercised: Reinstate application?

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Claim statement amended: Pre-trial minute?

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