Category: Evidence and onus

Confidentiality claim considered: Discovery and fairness

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

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Just and equitable: Meaning in different contexts

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

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Alleged corruption discovery: PAIA confidential and sensitive

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

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First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Arbitration award binding: Right to be wrong

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,...

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Senior management restructured: Valid fair dismissal reason

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,...

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Delictual damages claim: Exception principles discussed

Fawu vs Umbhaha Estates (Pty) Ltd In considering delictual damages claim the high court detailed the protest action of Fawu comprehensively and in great detail in amended particulars of claim including dates when each action was...

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Disciplinary process outlined: Three-stage inquiry explained

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...

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Business interruption insurance: Losses indemnified

Grassy Knoll Trading 78 CC v Guardrisk Insurance Co Ltd High Court decided that the interpretation of the insurance policy adopted in Ma-Afrika Hotels is consistent with the decision in Café Chameleon and the findings in FCA in...

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Accessing preserved evidence: Instituting legal proceedings

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

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Protected occupier saved: Eviction order set aside

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,...

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Contractual authority proved: Expressly or tacitly

Ezulweni Investments (Pty)Ltd v African National Congress High court decided that contractual authority was proved because the supply chain policy contains guidelines for procurement and provides for sanctions for staff who fail...

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