Factual disputes Archives

Failing to prove damages: Absolution from instance

by GilesFiles | Sep 2, 2021 | 2020 +, absolution from instance, appeal, Appeals, Cause: contractual breach, Cause: general, Common Law, Courts, Evidence and onus, Exceptions/special pleas, Factual disputes, Granted, Hearsay, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Logistics, Onus of proof, Orders, Parties, Private enterprises, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

Advocate fees liability: Attorney must pay fees

by GilesFiles | Sep 2, 2021 | 2020 +, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legal practitioners, Orders, Orders re costs, Parties, Personal services, Roman Dutch law principles, Rules, Sectors, Special pleas, Statement of claim, Topics, Uniform High Court | 0 |

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

Avoid technical approach: Crime and discipline

by GilesFiles | Aug 5, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Government, Granted, Gross misconduct, Holistic evaluation, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Municipal, Orders, Organs of state, Parties, 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,...

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: statute, Common Law, Compensation, ConCourt judges, Conduct or capacity, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, 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,...

Defining financial product: Identify before determination

by GilesFiles | Apr 30, 2021 | 2020 +, appeal, Appeals, Cause: general, Common Law, Common law review, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, Finance, Granted, Interpretation and application, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

Admitting affidavit evidence: Proceedings action or motion?

by GilesFiles | Apr 23, 2021 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Central, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Totality, Uniform High Court | 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,...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations & corporate bodies, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

Badenhorst rule applied: Sale and service agreement

by GilesFiles | Feb 19, 2021 | 2020 +, A.G. Binns-Ward, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Factual disputes, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Topics | 0 |

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 +, Adverse inferences, Appointed LC judges, Cautionary rule, Circumstantial, Conduct or capacity, Corroboration, Courts, Derivative, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Onus of proof, Parties, Private enterprises, Procedural issues, Proof required, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, 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,...

Suspicious conduct insufficient: Dismissal and reinstatement?

by GilesFiles | Dec 18, 2020 | 2020 +, Acting LAC judges, Adverse inferences, appeal, Appeals, Awards -s145, Banks, Circumstantial, Compensation, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Misconduct generally, Onus of proof, Orders, Parties, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 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,...

Arbitration award binding: Right to be wrong

by GilesFiles | Dec 2, 2020 | 2020 +, Agriculture, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private arbitration, Private enterprises, Res judicata (issue estoppel), Review tests, Sectors, 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,...

Enforcing restraint provisions: Document not signed

by GilesFiles | May 18, 2020 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dennis Davis, Evidence and onus, Exceptions/special pleas, Factual disputes, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Plascon-Evans rule, Refused, Refused, Sectors, Special pleas, 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,...

Category: Factual disputes