Orders re costs Archives

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Prescribed minimum benefits: Cause of action lacking

by GilesFiles | Mar 15, 2021 | 2020 +, Applications, Attorney client scale, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Finance, High Court, High Court judges, Hospitality, issue estoppel, Judges, Jurisdiction and powers, Legal Practice, Legislation, lis alibi pendens, Orders, Orders re costs, Parties, Personal services, Res judicata, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Topics, Uniform High Court, Urgency | 0 |

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

Protected strikers dismissed: Revised rule breached

by GilesFiles | Mar 1, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Conduct or capacity, Courts, Discharged on account, Dispute Resolution (LRL 3), Evidence and onus, Granted, Insubordination, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - protected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

Pailpac (Pty) Ltd v De Beer NO The valid and fair reason why protected strikers were dismissed related to their conduct during the strike and more particularly their breach of rules which they were aware of or could reasonably...

Unlawful contractual repudiation: Indefinite term binding

by GilesFiles | Feb 24, 2021 | 2020 +, Applications, Appointed LC judges, Attorney client scale, Bill of Rights, Cause: contractual breach, Common Law, Courts, Declaratory, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Procedural issues, Sectors, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statutes (LRL 2) - work law, Summary - generally, Termination & dismissal (LRL 8), Topics, Transport & communication, 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,...

Alleged unlawful payments: Application refused

by GilesFiles | Feb 8, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Transport & communication, 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,...

Judicial review explained: Student disciplinary inquiry

by GilesFiles | Feb 1, 2021 | 2020 +, Common law review, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Not awarded, Orders, Orders re costs, Parties, Personal services, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Topics, Uniform High Court, Universities and schools | 0 |

Dart v DAC of Stellenbosch University High court explained function of judicial review and decided that because the issue of notice did not appear from either the Notice of Motion or the affidavits filed of record, the...

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,...

Enrichment claim considered: Condictio indebiti requirements

by GilesFiles | Dec 23, 2020 | 2020 +, appeal, Appeals, Cause: general, Common Law, Courts, Exceptions/special pleas, Finance, Government, Interpretation and application, issue estoppel, Judges, Jurisdiction and powers, Legal Practice, Legislation, MJD Wallis, Municipal, Not awarded, Orders, Orders re costs, Parties, Pension & retirement funds, punitive costs, Refused, Roman Dutch law principles, Rules and practice manuals, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

Advocate readmission refused: Standing of legal bodies

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Appeals, Associations, Cause: general, Common Law, Courts, Declaratory, Judges, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Orders re costs, Parties, Personal services, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Concurrent jurisdiction considered: Unlawful employment termination?

by GilesFiles | Dec 4, 2020 | 2020 +, 2020 +, appeal, Appeals, Basic Conditions (LRL 10), Cause: contractual breach, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Landmark judgments, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Internal review process: Breaching employment contract?

by GilesFiles | Dec 4, 2020 | 2020 +, Applications, Cause: contractual breach, Common Law, Common law review, Courts, Declaratory, Dispute Resolution (LRL 3), High Court, High Court judges, Interdicts and rule nisi, Judges, Labour Relations, Legal Practice, Orders, Orders re costs, Parties, Refused, Review tests, Sectors, Topics, Universities and schools, 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,...

Disciplinary process outlined: Three-stage inquiry explained

by GilesFiles | Nov 26, 2020 | 2020 +, Applications, Attorney client scale, Cause: statute, Clear and convincing, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Orders, Orders re costs, Parties, Personal services, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

Category: Orders re costs