Category: punitive costs

Intervening impossibility absent: Obligatory contributions

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose...

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Operational requirements termination: Pleadings and minute

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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Costly withdrawn application: PPE for health workers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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