Category: Statement of claim

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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Outsourcing functions considered: No going concern

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Vicarious liability theft: Exclusionary clause?

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Jurisdictional issues considered: Leave pay declined

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Counterclaim damages awarded: Unprotected strike

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Enforcing contractual rights: Lawfulness and fairness

Archer v Pinelands High School       Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

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Rational pay differential: Longer service really?

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Balancing constitutional rights: Dignity and expression

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Fraudulent misrepresentation damages: Excess salary

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Discretionary costs awarded: Unreasonable objection to amendment

East Cape Midlands College v Abdullah Amendments ensure proper ventilation of disputes and if not made in bad faith or that the amendment would cause an injustice it should be allowed and an award of discretionary costs made....

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Providing credit responsibly: Absence of bank statements

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