Category: issue estoppel

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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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Arbitration award binding: Right to be wrong

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Dismissal separate proceedings: Adjudicate and arbitrate

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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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Insubstantial policy compliance: LRA s 189A(13) procedure

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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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Hate speech utterances: Equality court takes action

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Training course suspended: Contractual breach not proved

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