Category: Applications

Prescribed minimum benefits: Cause of action lacking

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

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Mandatory interdict considered: Absence of resultant harm

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

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Civil engineering industry: Demarcating mining activities?

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Impugning human dignity: Discrimination or differentiation

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Settlement agreement contested: Irregular ruling discussed

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Trade union usurpers: Non-joinder and urgency?

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Unlawful contractual repudiation: Indefinite term binding

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Withdrawn review application: Rule 11 application granted

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Badenhorst rule applied: Sale and service agreement

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

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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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Separating legal issues: Leave to appeal refused

Phatshoane Henney Attorneys v Trollip In separating legal issues high court cited authority for deciding that convenience must be demonstrated and sufficient information must be placed before the court to enable it to exercise...

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Amending statement considered: Fresh cause of action?

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