Category: Cause: statute

Just and equitable: Meaning in different contexts

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court decided that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

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Unlawful agreement concluded: Invalid and not binding

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Union authorised picket: Gatherings Act inapplicable

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Delictual damages claim: Exception principles discussed

Fawu vs Umbhaha Estates (Pty) Ltd In considering delictual damages claim the high court detailed the protest action of Fawu comprehensively and in great detail in amended particulars of claim including dates when each action was...

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Summary dismissal void: SABC materially breached contract

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Disciplinary process outlined: Three-stage inquiry explained

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

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Arrear wages awarded: Jurisdiction and prescription

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Malicious proceedings claim: Prescribed cause of action?

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

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Applying employment law: Two schools of thought

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

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Protected occupier saved: Eviction order set aside

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Interrupting power supply: Attempt to bypass municipality?

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Setting aside sale: Execution and condonation refused

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

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