Category: Jurisdiction and powers

Valuing golf courses: Various methods discussed

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...

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Strict liability principle: Domesticated animals causing harm

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...

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Disposition without value: Exception and ‘value’?

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...

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Penalty stipulation enforced: Moderated and reduced

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Repaying amounts deducted: Conduct rules examined

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...

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Outsourcing functions considered: No going concern

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Double-barrelled approach: Appeal and review

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...

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Appointing facilitator considered: CCMA and consultation

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Fiduciary duty breached: Wrongful conduct discussed

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Holistic approach adopted: Balancing interests

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...

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Unpaid employment benefits: Default judgment rejected

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Appeal outcome disputed: Interpretation of contract

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