Category: Applications

Virtual consultation process: Procedural unfairness?

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Establishing court jurisdiction: Registered office or principal place?

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...

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Business rescue plan: Unfair dismissal procedure?

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Reciprocal contractual obligations: Duty to disclose transfer?

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...

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Virus practice code: Mining and Covid-19

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Summary judgment applications: New procedure considered

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...

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Costly withdrawn application: PPE for health workers

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Restoring land rights: Community not proved

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...

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Court contempt order: Withdraw defamatory tweets

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Stipulatio alteri examined: Benefit conferred on HOA?

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...

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Business rescue ranking: Preference wage claims?

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Voluntary separation packages: Procedurally fair

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