Category: Plascon-Evans rule

Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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Levy clearance certificate: Dissent – refusal to issue?

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

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Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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Protecting indigenous languages: Unjustified limitation (2)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Protecting indigenous languages: Unjustified limitation(1)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Alleged protected disclosures: Urgent relief refused

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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Interdicting political party: Rule nisi confirmed

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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Oral evidence ordered: Disputed settlement agreement

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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Testing reasonable prospects: Remote or reasonable chance

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

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Trade mark confusion: Determining possible deception?

Swatch AG (Swatch SA) v Apple Inc SCA dealt with trade mark confusion and outlined the relevant considerations when comparing two marks to determine whether they are deceptively or confusingly similar and referred to...

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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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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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