Applications Archives

Virtual consultation process: Procedural unfairness?

by GilesFiles | May 28, 2020 | 2020, 30 Manufacture food beverages, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), GN Moshoana, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational reasons-189A, Parties, Private enterprises, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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,...

Establishing court jurisdiction: Registered office or principal place?

by GilesFiles | May 19, 2020 | 2020, Applications, Cause: statute, Common Law, Companies Act 61 of 1973, Companies Act 71 of 2008, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, OL Rogers, Orders, Rules and practice manuals, Special pleas, Topics, Uniform High Court | 0 |

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020, 73 Transport air, André van Niekerk, Applications, Appointed LC judges, Associations, Companies Act 71 of 2008, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Insights, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Urgency | 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,...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020, Applications, Bill of Rights, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Virus practice code: Mining and Covid-19

by GilesFiles | May 4, 2020 | 2020, 21 Mining of coal & lignite, 22 Extraction crude petroleum, 23 Mining gold & uranium, 24 Mining metal ores, 25 Other mining & quarrying, 29 Mining incidental services, André van Niekerk, Applications, Appointed LC judges, Bill of Rights, Biowatch principle, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organisations (LRL 4), PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 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,...

Summary judgment applications: New procedure considered

by GilesFiles | Apr 30, 2020 | 2020, A.G. Binns-Ward, Applications, Consumer protection, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Rules and practice manuals, Topics, Uniform High Court | 0 |

Tumileng Trading CC v National Security and Fire (Pty) Ltd Summary judgment applications must comply with the amended Uniform Rule 32 which came into effect on 1 July 2019 but the high court doubted that any signal change has...

Costly withdrawn application: PPE for health workers

by GilesFiles | Apr 11, 2020 | 2020, 93 Health social work, Applications, Appointed LC judges, BM Whitcher, Courts, Covid-19 issues, Declaratory, Dispute Resolution (LRL 3), Government - central, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 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,...

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | abuse of process, Agriculture, Applications, Biowatch principle, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Expert, Government - central, Judges, Jurisdiction and powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules and practice manuals, Sectors, Special pleas, Topics, Vexatious Proceedings Act 1956, YS Meer | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Court contempt order: Withdraw defamatory tweets

by GilesFiles | Mar 16, 2020 | 2020, abuse of process, Appeals, Applications, Associations, Bill of Rights, Cause: delict, Common Law, Contempt of court, Courts, Dignity equality freedom, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, N Mngqibisa-Thusi, Orders, Parties, Protection of Personal Information, Superior Courts Act 10 of 2013, 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,...

Stipulatio alteri examined: Benefit conferred on HOA?

by GilesFiles | Mar 11, 2020 | 2020, 84 Real estate activities, A.G. Binns-Ward, Applications, Body corporates, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Judges, Legal Practice, Legislation, Orders, Parties, Property, Sectors, Special pleas, Topics | 0 |

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high court and decided that the right applicant purports to exercise in seeking the relief it does in these proceedings could...

Business rescue ranking: Preference wage claims?

by GilesFiles | Mar 10, 2020 | 2020, 29 Mining incidental services, Applications, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Manufacturing, Operation of law, Orders, Parties, Sectors, Severance forfeited, Termination & dismissal (LRL 8), Topics, Trade unions | 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,...

Voluntary separation packages: Procedurally fair

by GilesFiles | Mar 5, 2020 | 2020, 75 Post telecommunication, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational reasons-189A, Organs of state, Parties, Refused, RGO Lagrange, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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: Applications