Interpretation and application Archives

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020, appeal, Appeals, Associations, Cause: regulations, Cause: statute, Common Law, Common law review, Community schemes, Courts, Granted, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Faulty foundations constructed: Special resolution needed?

by GilesFiles | Sep 21, 2020 | 2020, appeal, Appeals, Body corporates, Cause: contractual breach, Cause: delict, Cause: general, Common Law, Community schemes, Courts, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

Strict liability principle: Domesticated animals causing harm

by GilesFiles | Sep 11, 2020 | 2020, appeal, Appeals, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, MJD Wallis, Orders, Refused, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Van Meyeren v Cloete Actio de pauperie exists to ensure that as between the owner of an animal and the innocent victim of harm caused by the animal, it is appropriate for the owner to bear the responsibility for that harm and in...

Disposition without value: Exception and ‘value’?

by GilesFiles | Sep 11, 2020 | 2020, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Special pleas, Statement of claim, Topics | 0 |

Strydom NO v Snowball Wealth (Pty) Ltd Disposition without value or ‘not made for value’ interpretated by High Court in context of an exception to the pleadings and on the facts the disposition was clearly not for...

Penalty stipulation enforced: Moderated and reduced

by GilesFiles | Sep 10, 2020 | 2020, Cause: contractual breach, Cause: statute, Common Law, Courts, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Organs of state, Parties, Personal services, Sectors, Statement of claim, Topics | 0 |

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,...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020, A.G. Binns-Ward, appeal, Appeals, Body corporates, Cause: general, Common Law, Community schemes, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

Outsourcing functions considered: No going concern

by GilesFiles | Sep 8, 2020 | 2020, Applications, Appointed LC judges, BM Whitcher, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Orders, Parties, Private enterprises, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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,...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Common law review, Community schemes, Courts, Declaratory, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Holistic approach adopted: Balancing interests

by GilesFiles | Aug 25, 2020 | 2020, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Topics | 0 |

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020, Applications, Appointed LC judges, Associations, BCEA 77(3) and 77A(e), Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 0 |

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,...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Applications, Cause: statute, Common Law, Courts, Eviction/ejectment, Granted, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Business transfer examined: LRA s197 applied

by GilesFiles | Aug 4, 2020 | 2020, appeal, Appeals, Business transfers, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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,...

Category: Interpretation and application