Convenience balance Archives

Jurisdictional questions considered: Review proceedings stayed

by GilesFiles | Jul 30, 2024 | 2020 onwards, Automatic, Causes and defences, Connie Prinsloo, Courts, Declaratory, Government, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Metro, Orders, Parties, Resolving disputes (LRL 3), Sectors, Selected judges, State organs, 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,...

Reducing electricity supply: Majority judgment

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, M Madlanga, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply and claims made by Eskom about supply how should court deal with issue of interim relief? [307] I am not unmindful...

Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? “[71] In the...

Unbalanced convenience assessed: Leave to appeal granted

by GilesFiles | Sep 28, 2019 | Appeals - leave, Insights, Interdicts & rules, Jurisdiction & powers, leave to appeal, Legal Practice, Orders, Specific performance | 0 |

Justice Brian Mashile has granted Old Mutual leave to appeal to a full bench of the high court against the ‘reinstatement order’ he made on 30 July 2019 following Peter Moyo’s interim application based on an alleged breach of...

Contractual repudiation discussed: Reinstatement

by GilesFiles | Jul 30, 2019 | 2019, Causes and defences, Contractual breach, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, Reinstatement, Specific performance, Topics | 0 |

Moyo v Old Mutual LtdContractual repudiation discussed and employer’s notice of termination of employment regarded by high court as a repudiation which was unlawful and because the employee opted for specific performance...

Ordering farm eviction: Balance of convenience requirement

by GilesFiles | Sep 20, 2018 | 2018, Agriculture, Applications, Causes and defences, Courts, Eviction/ejectment, Interpretation etc, Judges, Legal Practice, Legislation, Orders, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Tag: Convenience balance

Jurisdictional questions considered: Review proceedings stayed

Reducing electricity supply: Majority judgment

Reducing electricity supply: Special public importance

Unbalanced convenience assessed: Leave to appeal granted

Contractual repudiation discussed: Reinstatement

Ordering farm eviction: Balance of convenience requirement