Category: leave to appeal

Exceptional circumstances considered: Proviso effect explained

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Punitive costs awarded: True nature of discretion

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Mistakenly withdrawn claim: Employee’s appeal allowed

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

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Misappropriating university funds: Reasonable prospects on appeal?

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

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Retrospective reinstatement ordered: Specific performance granted

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LC Rule 30(3A) considered: Refused leave to appeal

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Reasonable appeal prospects: Considered but refused

Municipal Employees Pension Fund v City of Johannesburg Metropolitan Municipality When may leave to appeal be granted and must there be proof of reasonable prospects of appeal being successful? “[4] The application for...

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Mootness and appeal rights: Leave refused

WC Provincial Minister of Local Government, Environmental Affairs and Development Planning v Central Karoo District Municipality Should any court provide parties with an advisory opinion when mootness is in issue and appeal...

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Refusing leave to appeal: Relevant factors

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Lifestyle centres purpose: Tariff leave to appeal

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Adverse credibility findings: Witness dignity rights

Lebea v Menye If adverse credibility findings are made against witnesses in legal proceedings do they have a right to claim their dignity was impaired? “[43] It seems to me that there are too many potential complications...

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Trade union constitution: Implied or tacit terms?

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