Interdicts and rule nisi Archives

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Common Law, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules and practice manuals, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 8, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Refused, Rules and practice manuals, Sectors, self-created urgency, Statutes (LRL 2) - work law, Struck off, Topics, 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,...

Publishing defamatory statements: Unlawfulness?

by GilesFiles | Jun 23, 2021 | 2020 +, appeal, Appeals, Applications, Bill of Rights, Cause: delict, Common Law, Courts, Dignity equality freedom, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Onus of proof, Orders, Refused, Roman Dutch law principles, Rules and practice manuals, SCA judges, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

Arbitration agreement disputed: Jurisdiction and powers?

by GilesFiles | Jun 22, 2021 | 2020 +, Applications, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Roman Dutch law principles, Special pleas, 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,...

Oral evidence ordered: Disputed settlement agreement

by GilesFiles | Jun 7, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, expedited hearing, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Oral, Orders, Parties, Plascon-Evans rule, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Transport & communication | 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,...

Replacement employees allowed: Targeted lockout

by GilesFiles | May 23, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Exceptions/special pleas, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Refused, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Transport & communication | 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,...

Trade union usurpers: Non-joinder and urgency?

by GilesFiles | Feb 24, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), ex parte, Exceptions/special pleas, Hospitality, Interdicts and rule nisi, Joinder of parties, 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, Parties, Sectors, Statutes (LRL 2) - work law, Struck off, 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,...

Deactivating access cards: Unlawful management action

by GilesFiles | Feb 1, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Co-operatives, Construction industry, Courts, Declaratory, Discrimination (LRL 11), Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Reinstatement, Sectors, Statutes (LRL 2) - work law, Topics, 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,...

Staying arbitration process: Exceptional circumstances

by GilesFiles | Jan 25, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, 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,...

Restraints unintended consequences: Enforceable and lawful?

by GilesFiles | Jan 12, 2021 | 2020 +, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Protectable business interests, Public policy, Restraints and restrictions, Sectors, Special pleas, Topics, Transport & communication, Urgency | 0 |

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

Interim reinstatement refused: Temporary employment?

by GilesFiles | Jan 7, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), 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, Organs of state, Parties, Personal services, punitive costs, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Struck off, 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,...

First refusal right: Part of larger package

by GilesFiles | Jan 4, 2021 | 2020 +, A.G. Binns-Ward, Agriculture, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, Private enterprises, Refused, Sectors, Special pleas, Topics | 0 |

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

Category: Interdicts and rule nisi