Category: Orders re costs

Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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High intolerability threshold: Reinstatement primary remedy

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Security arrangements considered: Stay discretion exercised

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Deeming employment provision: Objective review test

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Rescinding order considered: Strike off or dismiss?

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Compelling arbitration award: Unacceptable long delay

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Reviewing senior appointment: Preferred job requirements?

George Municipality v Van Staden The George municipality sought the reviewing and setting aside of the appointment of a senior manager in March 2017 because of a directive from the public protector but the high court declined to...

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Validating void disposition: Interpreting Companies Act

Pride Milling Company (Pty) Ltd v Bekker NO Validating void disposition considered by SCA which also decided “that given the effect of s 341(2), a party approaching a court and seeking that the court order otherwise would...

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Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Assessing consultation process: LRA s189A not unfair

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Discriminatory listed grounds: Harassment and dismissal

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Levy clearance certificate: Dissent – refusal to issue?

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

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