Category: Plascon-Evans rule

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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Protected occupier saved: Eviction order set aside

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Case driven analysis: Going concern transfers

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Unprotected industrial action: Health and safety concerns

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Plascon-Evans rule: Two exceptions to general rule

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Enforcing restraint provisions: Document not signed

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Enforcing statutory rights: Enabling performance of duties

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Commissioner misconduct considered: Reviewable ground?

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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