Orders re costs Archives

Levy clearance certificate: Refusal to issue?

by GilesFiles | Oct 20, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

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...

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, appeal, Appeals, Awards -s145, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Incompatibility, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, punitive costs, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, 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,...

Security arrangements considered: Stay discretion exercised

by GilesFiles | Oct 15, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Rules, Sectors, Security for award - s145, Statutes (LRL 2) - work law, staying proceedings and execution, 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,...

Deeming employment provision: Objective review test

by GilesFiles | Oct 8, 2021 | 2020 +, Acting LC judges, Cause: contractual breach, Central, Common Law, Courts, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Objective or correct, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, 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,...

Rescinding order considered: Strike off or dismiss?

by GilesFiles | Oct 6, 2021 | 2020 +, Acting LC judges, Applications, Courts, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Orders, Orders re costs, Organs of state, Parties, Rescission, Rules, Sectors, 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,...

Compelling arbitration award: Unacceptable long delay

by GilesFiles | Oct 5, 2021 | 2020 +, Applications, Appointed LC judges, Bargaining councils, Courts, Declaratory, Dispute Resolution (LRL 3), ex parte, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Review tests, Rulings - s158(1)(g), Sectors, 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,...

Reviewing senior appointment: Preferred job requirements?

by GilesFiles | Oct 4, 2021 | 2020 +, Applications, Bill of Rights, Cause: general, Common Law, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, Municipal, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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...

Validating void disposition: Interpreting Companies Act

by GilesFiles | Sep 30, 2021 | 2020 +, appeal, Appeals, Associations & corporate bodies, Courts, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Manufacturing, Orders, Orders re costs, Parties, Private enterprises, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Eviction just and equitable: Relationship breached

by GilesFiles | Sep 30, 2021 | 2020 +, Agriculture, appeal, Appeals, Bill of Rights, Cause: delict, Common Law, Courts, Declaratory, Eviction/ejectment, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Not awarded, Orders, Orders re costs, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Assessing consultation process: LRA s189A not unfair

by GilesFiles | Sep 30, 2021 | Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, 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,...

Discriminatory listed grounds: Harassment and dismissal

by GilesFiles | Sep 27, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dispute Resolution (LRL 3), Granted, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 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,...

Levy clearance certificate: Dissent – refusal to issue?

by GilesFiles | Sep 24, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

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...

Category: Orders re costs