Orders re costs Archives

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,...

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...

Medical benefits capped: legitimate commercial rationale

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, Appeals, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Benefits - 186(2)(a), Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade | 0 |

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Protected occupier saved: Eviction order set aside

by GilesFiles | Oct 13, 2020 | 2020 +, Agriculture, appeal, Appeals, Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, Eviction/ejectment, Evidence and onus, Granted, Judges, Labour Relations, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, punitive costs, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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Setting aside sale: Execution and condonation refused

by GilesFiles | Oct 12, 2020 | 2020 +, appeal, Appeals, Applications, Attorney client scale, Banks, Cause: statute, Common Law, Condonation, Consumer protection, Courts, De bonis propriis, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, punitive costs, Refused, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

Unlawful precautionary suspension: LC lacks jurisdiction?

by GilesFiles | Sep 28, 2020 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Municipal, Orders, Orders re costs, Parties, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics, Urgency | 0 |

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Internal disciplinary enquiries: Reluctance to intervene

by GilesFiles | Sep 22, 2020 | 2020 +, Applications, Appointed LC judges, Attorney client scale, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, 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, Refused, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics | 0 |

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Appeal despite mootness: Practice and procedure

by GilesFiles | Sep 1, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Mining, Mootness, Orders, Orders re costs, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Enforcing contractual obligations: Preventing future breaches?

by GilesFiles | Aug 4, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Parties, punitive costs, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Specific performance, Statutes (LRL 2) - work law, Topics, Urgency, Zungu doctrine | 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: Orders re costs