Category: Res judicata

Jurisdictional power lacking: Destroying CCMA ruling

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Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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Prescribed minimum benefits: Cause of action lacking

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

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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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