Appeals Archives - GilesFiles

Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, ABB - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Costs, Courts, Declaratory, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reasonable appeal prospects: Considered but refused

by GilesFiles | May 24, 2023 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Metro, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

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...

SLAPP suit defence: Defamation – abuse of process?

by GilesFiles | Nov 14, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Roman Dutch law, SA Majiedt, Sectors, Special pleas, Topics | 0 |

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

Statutory appeal considered: Lift special levy

by GilesFiles | Aug 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Evidence & onus, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Trustees of Alessio Body Corporate v Cottle Statutory appeal considered and what is correct procedure to adopt when appealing against adjudication order ito s 54 of CSOS Act? “[21] I am of the view that the procedure as...

Construing exemption clauses: Delict or contract

by GilesFiles | Jan 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Delict, Interpretation etc, Judges, Legal Practice, Logistics, MV Phatshoane, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Enforcement pending appeal: Notice and condonation?

by GilesFiles | May 17, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020 onwards, A G Binns-Ward, Appeals, BC and HOAs, Body C Conduct, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020 onwards, Applications, Associations/corporates, BCEA 77(3) & 77A(e), Conduct & capability, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Expunging interim order: Effect of appeal

by GilesFiles | Mar 17, 2020 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, Finance, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Refused, Sectors, Special pleas, Statutory, Topics, Urgency | 0 |

Moyo v Old Mutual Ltd After expunging interim order the High Court decided against exercising a discretion in favour of applicant in circumstances where specific performance should not be granted by reason of breakdown of the...

Appealing with leave: Under what circumstances

by GilesFiles | Dec 13, 2019 | 2019, Appeals, Appeals - leave, Common law, Courts, Disallowed, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

National Credit Regulator v Lewis Stores (Pty) Ltd Appealing with leave considered by SCA and appeal from the decision of a high court under s 148(2)(b) lies with leave of that court sitting as a court of first instance....

Adversely affected interpreted: Sectional titles

by GilesFiles | Nov 28, 2019 | 2019, Appeals, BC and HOAs, Community schemes, Courts, Judges, Legal Practice, Legislation, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Exemption appeal authorities: Bargaining council review

by GilesFiles | Apr 11, 2019 | 2019, André van Niekerk, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, Transport & communication | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Appeals