Category: punitive costs

High intolerability threshold: Reinstatement primary remedy

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Interim reinstatement refused: Temporary employment?

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Enrichment claim considered: Condictio indebiti requirements

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...

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Political party penalised: Costs re unprotected strike

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Protected occupier saved: Eviction order set aside

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Setting aside sale: Execution and condonation refused

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...

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Enforcing contractual obligations: Preventing future breaches?

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Punitive costs considered: Right to be heard

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Costly withdrawn application: PPE for health workers

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Reinstatement order considered: Non-existent post

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Restoring land rights: Community not proved

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

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Alternative position accepted: Dismissal not proved

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