Amending pleadings Archives

Assessing inordinate delay: Stringent test applied

by GilesFiles | Mar 22, 2022 | 2020 +, Amending pleadings, Applications, Appointed LC judges, Causes of action, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, GN Moshoana, Government, Granted, Interpret and apply, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, 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,...

Upholding exception to claim: Insufficient factual allegations

by GilesFiles | Jan 25, 2022 | 2020 +, Amending pleadings, Applications, Causes of action, Contractual breach, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Logistics, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A.G. Binns-Ward, Amending pleadings, Applications, Bill of Rights, Causes of action, Courts, Delict, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Organs of state, Parties, Rules, Sectors, Special pleas, Topics | 0 |

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Mandatory interdict considered: Absence of resultant harm

by GilesFiles | Mar 15, 2021 | 2020 +, A.G. Binns-Ward, Amending pleadings, Applications, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, General, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Special pleas, Topics | 0 |

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...

Amending statement considered: Fresh cause of action?

by GilesFiles | Feb 11, 2021 | 2020 +, Amending pleadings, André van Niekerk, Applications, Appointed LC judges, Causes of action, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, General, Government, 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, Organs of state, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020 +, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Causes of action, Courts, Delict, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules, Sectors, Topics | 0 |

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...

Counter claims examined: Alleged contractual breaches

by GilesFiles | Jan 29, 2020 | 2020 +, Amending pleadings, André van Niekerk, Applications, Appointed LC judges, BCEA 1997, Construction industry, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Discretionary costs awarded: Unreasonable objection to amendment

by GilesFiles | May 4, 2018 | 2018, Amending pleadings, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), GN Moshoana, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders re costs, Statement of claim, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

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....

Pleading pay discrimination: More than mere differentiation

by GilesFiles | Feb 8, 2018 | 2018, Amending pleadings, Applications, Appointed LC judges, Causes of action, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, EEA 7 Factors, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 differentials s27, EEA9 Levels s21, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, General, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Remuneration, Sectors, Statutes (LRL 2) - work law, Thought Leaders, Topics, Work Science Institute | 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,...

Prescription: nature of unfair dismissal

by GilesFiles | Jun 27, 2013 | 2014 and earlier, Amending pleadings, Applications, Courts, General, Judges, Labour Appeal Court, Legal Practice, Miscellaneous, Termination & dismissal (LRL 8) | 0 |

Sondorp v Ekurhuleni Metropolitan Municipality (JA 87/11) [2013] ZALAC 13; [2013] 9 BLLR 866 (LAC); (2013) 34 ILJ 3131 (LAC) (26 June 2013) per Ndlovu JA [Zondi and Musi AAJA concurring]. Yesterday the Labour Appeal Court (LAC)...

Pre-trial minute: Binding nature questioned?

by GilesFiles | Oct 11, 1999 | 2014 and earlier, Allowed, Amending pleadings, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Private enterprises, Retired judges, Review tests, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Topics | 0 |

Numsa v Driveline Technologies (Pty) Ltd In upholding the appeal the LAC provided different and arguably ‘conflicting’ reasons for deciding that the pre-trial minute signed by the parties meant that reliance could...

Category: Amending pleadings