Category: Refused

Setting aside sale: Execution and condonation refused

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

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Employing municipal managers: Renew or extend contract?

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Good faith principle: Informed understanding of rights

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd Good faith principle enforced and refusal to disclose fails to accord with requirements of good faith, cooperation and trust because it would leave...

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Interdicting unlawful competition : False representations

Milestone Beverage CC v The Scotch Whisky Association The SCA in considering the issue of locus standi and whether interdicting unlawful competition was appropriate discussed the object of the legislature in enacting legislation...

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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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Business transfer examined: LRA s197 applied

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Expert evidence considered: Requirements and duties

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed,  there have been changes in how lawyers prepare expert summaries...

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Formidable appeal threshold: Would not might

Democratic Alliance v President of RSA Full bench of the High Court considered the formidable appeal threshold which now exists in sec 17(1)(a) of the Superior Courts Act 10 of 2013 and that before concluding that there are...

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Subpoena duces tecum: Derived from LRA s142(1)(b)

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Business rescue practitioners: Contemplated operational dismissals

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Implied retrospective effect: Back-pay included?

Saccawu v Massmart Holdings Ltd Implied retrospective effect not acceptable as a legal principle based on the authority of the Constitutional Court that if employees are reinstated they resume employment on the same terms and...

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Providing benefits considered: CCMA lacked jurisdiction

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