Appeals Archives | GilesFiles

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020, appeal, Appeals, Associations, Cause: regulations, Cause: statute, Common Law, Common law review, Community schemes, Courts, Granted, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Faulty foundations constructed: Special resolution needed?

by GilesFiles | Sep 21, 2020 | 2020, appeal, Appeals, Body corporates, Cause: contractual breach, Cause: delict, Cause: general, Common Law, Community schemes, Courts, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Interdicting unlawful competition : False representations

by GilesFiles | Sep 18, 2020 | 2020, appeal, Appeals, Associations, Cause: delict, Common Law, Courts, Declaratory, Judges, Legal Practice, Orders, Parties, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics, Trade, VM Ponnan | 0 |

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...

Dangerous nursery schools : Legal duties considered

by GilesFiles | Sep 16, 2020 | 2020, appeal, Appeals, Cause: delict, Cause: general, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legislation, MJD Wallis, Non-profit organisations, Orders, Parties, Provincial, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Strict liability principle: Domesticated animals causing harm

by GilesFiles | Sep 11, 2020 | 2020, appeal, Appeals, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, MJD Wallis, Orders, Refused, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Van Meyeren v Cloete Actio de pauperie exists to ensure that as between the owner of an animal and the innocent victim of harm caused by the animal, it is appropriate for the owner to bear the responsibility for that harm and in...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020, A.G. Binns-Ward, appeal, Appeals, Body corporates, Cause: general, Common Law, Community schemes, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

Long service disregarded: Review test enforced

by GilesFiles | Sep 7, 2020 | 2020, Appeals, Appointed LAC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, MV Phatshoane, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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,...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Common law review, Community schemes, Courts, Declaratory, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Fiduciary duty breached: Wrongful conduct discussed

by GilesFiles | Sep 2, 2020 | 2020, appeal, Appeals, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Granted, Judges, Jurisdiction and powers, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Supreme Court of Appeal, Topics, Trustees | 0 |

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,...

Irrevocable shareholder undertakings: Valid and enforceable?

by GilesFiles | Aug 20, 2020 | 2020, Appeals, Cause: contractual breach, Cause: statute, Common Law, Courts, Judges, Legal Practice, SCA judges, Supreme Court of Appeal, Topics | 0 |

Women in Capital Growth (Pty) Ltd v Scott SCA decided matter in chambers and without argument and considered irrevocable shareholder undertakings provided on behalf of a company and after finding that the issues were moot,...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Applications, Cause: statute, Common Law, Courts, Eviction/ejectment, Granted, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Business transfer examined: LRA s197 applied

by GilesFiles | Aug 4, 2020 | 2020, appeal, Appeals, Business transfers, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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,...

Category: Appeals