Category: Cause: delict

Faulty foundations constructed: Special resolution needed?

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

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Interdicting unlawful competition : False representations

Milestone Beverage CC v The Scotch Whisky Association The SCA in considering the issue of locus standi and whether interdicting unlawful competition was appropriate discussed the object of the legislature in enacting legislation...

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Dangerous nursery schools : Legal duties considered

MEC: Western Cape Department of Social Development v Esau Dangerous nursery schools and legal liability for injuries concerning regulation 30(4) but the same legal principles and policy issues governing wrongfulness were...

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Case management directions: Postponement separation and discovery

Investec Bank Ltd v O’Shea NO High Court discussed case management directions  and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

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Expert evidence considered: Requirements and duties

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed,  there have been changes in how lawyers prepare expert summaries...

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Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

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Aggravated psychological damages: Proper police search?

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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Prescription Act inapplicable: RAF claimants excluded

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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Vicarious liability theft: Exclusionary clause?

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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Falsely disparaging rival: Unlawful competition interdicted

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd SCA considered a competitor falsely disparaging a rival and allowed the appeal and confirmed what was said as far back as 1887 ‘Fair and honest competition, however active, is...

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Court contempt order: Withdraw defamatory tweets

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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Intimidation threats interdicted: Undocumented nationals

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

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