arbitrio boni viri Archives

Medical benefits capped: legitimate commercial rationale

by GilesFiles | Nov 24, 2020 | 2020 onwards, Appeals, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, General, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Policies - all, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, Trade | 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,...

Exercise discretion levies: Reasonably and honestly

by GilesFiles | Mar 29, 2017 | 2017, Appeals, BC and HOAs, Causes and defences, Community schemes, Courts, Judges, Legal Practice, Parties, Protectable interests, Public policy, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Mount Amanzi Share Block Ltd v Body Corporate of Windsor Heights STS (537/2016) [2017] ZASCA 38 (29 March 2017) per Swain JA (Cachalia JA and Nicholls, Coppin and Mbatha AJJA concurring): The SCA allowed the appeal from the...

Resolutive contractual condition: Implementation conduct

by GilesFiles | Sep 21, 2012 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Courts, Disallowed, Evidence & onus, General, Interpretation etc, Judges, Legal Practice, MJD Wallis, Orders, SCA judges, Statutory, Supreme Court of Appeal, Topics | 0 |

Comwezi Security Services (Pty) Ltd v Cape Empowerment Trust Ltd SCA rejected an argument by Comwezi that the power to relax the resolutive contractual condition did not entitle CET to extend the period within which it was...

Tag: arbitrio boni viri

Medical benefits capped: legitimate commercial rationale

Exercise discretion levies: Reasonably and honestly

Resolutive contractual condition: Implementation conduct