penalty provision Archives

Penalty stipulation enforced: Onus not discharged

by GilesFiles | May 7, 2024 | 2020 onwards, AB - Law generally, Allowed, Appeals - leave, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Restraints, Risks, Sectors, Statutory, 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,...

Penalty for breaching restraint: Onus not discharged

by GilesFiles | May 7, 2024 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, 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,...

Contravening HOA rules: Severe penalty imposed

by GilesFiles | Feb 21, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Silver Lakes Homeowners Association v CJL When considering issue of contravening HOA rules must adjudicator play an active role in actual process? “[21] I turn finally to the conclusion made by the adjudicator that the...

Penalty stipulation enforced: Moderated and reduced

by GilesFiles | Sep 10, 2020 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Orders, Parties, Personal services, Practices (LRL 9), Sectors, State organs, Statutory, 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,...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, BC and HOAs, BC Conduct, Causes and defences, Community schemes, Courts, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

Conventional penalty explained: Damages claim?

by GilesFiles | Feb 27, 2015 | 2015, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 7: 112-184 Dispute, Sectors, Statutes (LRL 2)-work, Topics | 1 |

LC Summary: Application for the payment of damages arising from breach of contract and recovery of agreed training costs; Application launched under s 77(3) of the BCEA; First part of the claim based on failure to serve notice...

Tag: penalty provision

Penalty stipulation enforced: Onus not discharged

Penalty for breaching restraint: Onus not discharged

Contravening HOA rules: Severe penalty imposed

Penalty stipulation enforced: Moderated and reduced

Repaying amounts deducted: Conduct rules examined

Conventional penalty explained: Damages claim?