Category: Amending pleadings

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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Amending statement considered: Fresh cause of action?

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Case management directions: Postponement separation and discovery

Investec Bank Ltd v O’Shea NO High Court discussed case management directions  and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

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Counter claims examined: Alleged contractual breaches

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Discretionary costs awarded: Unreasonable objection to amendment

East Cape Midlands College v Abdullah Amendments ensure proper ventilation of disputes and if not made in bad faith or that the amendment would cause an injustice it should be allowed and an award of discretionary costs made....

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Pleading pay discrimination: More than mere differentiation

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