Refused Archives - GilesFiles

Deemed dismissal confirmed: Unauthorised absence

by GilesFiles | Jul 11, 2024 | 2020 onwards, Absenteeism, Applications, Causes and defences, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Sequestration order refused: Judicial discretion exercised

by GilesFiles | Jun 28, 2024 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Refused, Rule nisi, Rules Codes & Manual, Sectors, Statutory, Topics, Uniform HC | 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,...

Hearing rights considered: Abusing court process

by GilesFiles | Jul 3, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Roland Sutherland, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, self-created urgency, Statutory, 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,...

Evicting homeless occupiers: Justice and equity?

by GilesFiles | May 30, 2023 | 2020 onwards, Applications, Causes and defences, Central, Costs, Courts, Eviction/ejectment, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Refused, Rule nisi, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |

Telkom SA (Soc) Ltd v MEM What alternatives are there to provide accommodation off-site to residents at training centre rather than evicting homeless occupiers? “33 Finally, I cannot accept that Telkom has no effective...

Creditors lacking advantage: Costs contribution?

by GilesFiles | Mar 29, 2023 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Refused, Rule nisi, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Body Corporate of Mionette v L When is there a prospect of exposing creditors to contributing to costs and creditors lacking any advantage by sequestrating an owner? “16. Upon adding the applicant’s claim, which is said to...

Effective dispute resolution: Enforcing orders?

by GilesFiles | Mar 1, 2023 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, CCMA Rules, Central, Conduct & capability, Connie Prinsloo, Costs, Courts, Declaratory, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, LCP Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Claiming arrear levies: Comply fully with rules

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others In applying to high court claiming arrear levies from owners what evidence needs to be produced by the body corporate? “19 It is for all these reasons that none of the relief Lion...

Setting aside resolution: Rule nisi discharged

by GilesFiles | Aug 16, 2022 | 2020 onwards, Applications, Causes and defences, Contempt, Contractual breach, Costs, Courts, Declaratory, Government, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Municipal, Orders, Parties, Pay progression, Refused, Resolving disputes (LRL 3), Review tests, Rule nisi, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Determining jurisdictional issue: LRA s 157(2) examined

by GilesFiles | Jun 24, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, MZN Lallie, Orders, Parties, Power plays (LRL 6), Provincial, Refused, Resolving disputes (LRL 3), Rule nisi, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, 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,...

Resignation unilateral act: Consensual withdrawal required

by GilesFiles | Mar 18, 2022 | 2020 onwards, Applications, Causes and defences, Competition Tribunal, Contractual breach, Costs, Courts, Declaratory, GN Moshoana, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Refused, Refused, Resignations, Resolving disputes (LRL 3), Rule nisi, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Master service agreement: No indefinite arrangement

by GilesFiles | Dec 30, 2021 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, General, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Logistics, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Refused, Refused, Rule nisi, Sectors, Topics | 0 |

Kellogg Co of SA (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd High court accepted the task was to determine the characterisation of the most probable agreement in the context of terminating a master service agreement ....

Locking out protected: 13th cheque dispute

by GilesFiles | Nov 29, 2019 | 2019, Applications, Collective Bargain (LRL 5), Costs, Courts, Hospitality, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Management, Parties, Policies - all, Power plays (LRL 6), Refused, Refused, Resolving disputes (LRL 3), Rule nisi, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, 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,...

Category: Refused