Category: Endumeni Municipality case

Arbitration governing clauses: Licence agreements replaced

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

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Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Holding occupational rights: Consent to alienation?

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,...

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Misrepresenting facts decried: Voluntary dispute settlement

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,...

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Protectable interests considered: Restraints and novation

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? “44 But this does not...

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High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

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Contractual interpretation considered: Concept of good faith

Capitec Bank Holdings Ltd v Coral Lagoon Investments 194 (Pty) Ltd Contractual interpretation considered and question is whether courts are permitted to impose agreements that parties did not make – whether in the cause of good...

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