Category: Common Law

Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Read More

Testing reasonable prospects: Remote or reasonable chance

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...

Read More

Gross misconduct found: Covid-19 related reality

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,...

Read More

Collateral reactive challenge: Time-barring considered

National Credit Regulator v Getbucks (Pty) Ltd SCA in dealing with a collateral reactive challenge pointed out that the National Credit Act grants the Minister the power to promulgate regulations but this was done the day before...

Read More

Athlete spectator collision: Keep proper lookout

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...

Read More

Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Read More

Prescribed minimum benefits: Cause of action lacking

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

Read More

Mandatory interdict considered: Absence of resultant harm

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

Read More

Employment related injuries: Employer and vicarious liability

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...

Read More

Forensic investigation report: Disclosure and legal privilege

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,...

Read More

Unlawful contractual repudiation: Indefinite term binding

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,...

Read More
Loading