Category: Orders

Court contempt considered: Onus not discharged

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Unprofessional conduct considered: Council practice watchdog

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Restraints unintended consequences: Enforceable and lawful?

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Just and equitable: Meaning in different contexts

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

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Alleged corruption discovery: PAIA confidential and sensitive

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

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Interim reinstatement refused: Temporary employment?

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First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Lockout lawful protected: Pilots and business rescue

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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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Unlawful agreement concluded: Invalid and not binding

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Advocate readmission refused: Standing of legal bodies

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Business rescue practitioners: No grounds for removal

Knoop NO v Gupta (Tayob Intervening) SCA confirmed two general principles that apply to removal of business rescue practitioners (BRPs) and confirmed that it is not something to be ordered lightly and that the primary reason...

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