Category: Res judicata

Assessing urgent applications: Compliance with rules?

Rokwil Civils (Pty) Ltd v Le Sueur NO High Court had regard to various factors and case law in assessing urgent applications and decided that applicant had failed to discharge the onus of proving that non-compliance with the...

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Dismissal separate proceedings: Adjudicate and arbitrate

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Leave sought twice: Res judicata and refused

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Abusing court processes: Special costs order

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Enforcing contractual rights: Lawfulness and fairness

Archer v Pinelands High School       Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

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Res judicata examined: Issue estoppel included

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation    Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

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Regulation unlawfully promulgated: Warring with rule of law

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Res judicata doctrine: Remitted to equality court

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Actionable causes considered: Nature and extent discussed

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Special plea upheld: Res judicata accepted

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Hate speech utterances: Equality court takes action

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Charged convicted dismissed: Disputed settlement agreement

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