Category: Roman Dutch law principles

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...

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Discriminatory bequest unlawful: Constitution s39(2) interpreted

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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Lodging appeal effect: Suspension of order?

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

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Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and...

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Bargaining council chairperson: No defence to defamation

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Irrevocable power of attorney: Securing a debt

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

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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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Actio communi dividundo: Co-ownership of property

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

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Fiduciary duty breached: Wrongful conduct discussed

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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Adopting holistic approach: Balancing interests

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

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Neighbour law liability: Stormwater and eavesdrip

PADCA v Redlands Development Projects (Pty) Ltd Interesting consideration of common law claims, including neighbour law.  Whilst concurring in the majority judgment Wallis JA considered issues arising from the actio aquae...

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