Tag: motion proceedings

Plascon-Evans restated: Resolving factual disputes

Rota Investments CC v Swarts Plascon-Evans restated in the words of recently retired Justice Edwin Cameron in 2003, whilst still a judge of appeal in the Supreme Court of Appeal and before being elevated to the Constitutional...

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Hearing oral evidence: Applying in motion proceedings?

Nel v Ramwell t/a Ramwell Attorneys Hearing oral evidence cannot be applied for after it becomes clear that the main application will not succeed and this is an interesting example of a cyber crime involving an attorney....

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Plascon-Evans rule: Factual disputes in motion proceedings

 Essence Plascon-Evans rule and disputes of fact in motion proceedings  Decision Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd.(53/84) [1984] ZASCA 51; [1984] 2 All SA 366 (A); 1984 (3) SA 623;...

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Disputes of fact: Referral for oral evidence

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,...

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Factual disputes: Imprudent motion proceedings

Hudson v South African Airways Soc Ltd (JA84/2014) [2015] ZALAC 28; [2015] 9 BLLR 879; (2015) 36 ILJ 2574 (LAC) (24 June 2015) per Davis JA [Ndlovu JA and Mngqibisa-Thusi AJA concurring] The Labour Appeal Court disallowed the...

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