Appeals Archives | GilesFiles

Reinstatement order reversed: Appealing interim order

by GilesFiles | Jan 14, 2020 | 2020, Appeals, Common Law, Courts, Dismissal: lawfulness, Dispute Resolution (LRL 3), erroneously granted, erroneously sought, Financial services, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, PA Meyer, Parties, Private enterprises, Reinstatement, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination (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,...

Emotional shock principles: Amicus curiae application

by GilesFiles | Dec 18, 2019 | 2019, 2019, amicus curiae, appeal, Appeals, Bill of Rights, Common Law, Courts, Dignity equality freedom, Granted, Judges, Jurisdiction and powers, Landmark judgments, LE Leach, Legal Practice, Orders, Philosophy and economics, SCA judges, Supreme Court of Appeal, Topics | 0 |

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...

Legal advice privilege: Disclosure and waiver

by GilesFiles | Dec 13, 2019 | 2019, 2019, Appeals, Common Law, Courts, Evidence and onus, Interpretation and application, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

Appealing with leave: Under what circumstances

by GilesFiles | Dec 13, 2019 | 2019, appeal, Appeals, Common law review, Courts, Financial services, Judges, Legal Practice, MJD Wallis, Orders, Refused, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

National Credit Regulator v Lewis Stores (Pty) Ltd Appealing with leave considered by SCA and appeal from the decision of a high court under s 148(2)(b) lies with leave of that court sitting as a court of first instance....

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Education, Government - central, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, L Theron, Legal Practice, Legislation, Orders re costs, Parties, Philosophy and economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Education, Government - central, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, MTR Mogoeng, Parties, Philosophy and economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

WhatsApp message examined: Not genuine offer

by GilesFiles | Dec 2, 2019 | 2019, Appeals, CHG van der Merwe, Common Law, Courts, Judges, Legal Practice, Parties, Private enterprises, SCA judges, Supreme Court of Appeal, 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,...

Breaching conduct code: Invalid investigation

by GilesFiles | Dec 2, 2019 | 2019, Appeals, Associations, Building & Construction, Common Law, Courts, Judges, LE Leach, Legal Practice, Legality principle, Legislation, Parties, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Hate speech examined: Pepuda and constitutionality

by GilesFiles | Nov 29, 2019 | 2019, 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, MS Navsa, Organs of state, Parties, Philosophy and economics, Public Service, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Parol evidence rule: Partial integration rule

by GilesFiles | Nov 28, 2019 | 2019, Agriculture, Appeals, Common Law, Courts, Evidence and onus, Judges, LE Leach, Legal Practice, parol evidence rule, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Adversely affected interpreted: Sectional titles

by GilesFiles | Nov 28, 2019 | 2019, Appeals, Body corporates, Community schemes, Courts, Judges, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, VM Ponnan | 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,...

Rights unjustifiably limited: Polygamous customary marriages

by GilesFiles | Nov 26, 2019 | 2019, abuse of process, Appeals, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Just and equitable relief, Legal Practice, NZ Mhlantla, Orders, Philosophy and economics, 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