Category: Refused

Incorporating claim statement: Prospects when failure?

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Collateral reactive challenge: Time-barring considered

National Credit Regulator v Getbucks (Pty) Ltd SCA in dealing with a collateral reactive challenge pointed out that the National Credit Act grants the Minister the power to promulgate regulations but this was done the day before...

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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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Deemed appeal withdrawal: Reinstatement refused

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Municipal manager appointment: Financial gross misconduct

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Lapsed appeal right: Appeal struck from roll

Myeni v Organisation Undoing Tax Abuse (Outa) Full bench of high court considered a lapsed right to appeal and decided that for a decision to become the subject of an application for leave to appeal the application must have...

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Affirmative action measures: Employment equity plan?

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Trade mark confusion: Determining possible deception?

Swatch AG (Swatch SA) v Apple Inc SCA dealt with trade mark confusion and outlined the relevant considerations when comparing two marks to determine whether they are deceptively or confusingly similar and referred to...

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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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Occupational specific dispensation: Old to new posts

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Summary dismissal void: SABC materially breached contract

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Misconceived demotion dispute: Reasonable discretion limits

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