SCA 19 Archives - GilesFiles

Effective dispute resolution: Striking out application

by GilesFiles | Apr 14, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, 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,...

Receiving further evidence: Appeal and damages?

by GilesFiles | Mar 31, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, 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,...

Supervisory order granted: Serious procedural defects

by GilesFiles | Nov 21, 2022 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Covid-19 issues, Disputes: right or interest, Evidence & onus, Exceptions/special pleas, Fair procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Management, Orders, PAJA 2000, Parties, Personal services, Policies - all, Review tests, Risks, Roman Dutch law, SCA judges, Sectors, Settlement agreements, Special pleas, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

Failing to prove damages: Absolution from instance

by GilesFiles | Sep 2, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Disputes: factual, Evidence & onus, Exceptions/special pleas, General, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Special pleas, Topics | 0 |

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Trade mark confusion: Determining possible deception?

by GilesFiles | Jan 29, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Consumer protection, Courts, Delict, Disallowed, DN Unterhalter, Evidence & onus, High Court judges, Interpretation etc, Judges, Legal Practice, Orders, SCA judges, Supreme Court of Appeal, Topics | 0 |

Swatch AG (Swatch SA) v Apple Inc SCA dealt with trade mark confusion and outlined the relevant considerations when comparing two marks to determine whether they are deceptively or confusingly similar and referred to...

Faulty foundations constructed: Special resolution needed?

by GilesFiles | Sep 21, 2020 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Delict, Exceptions/special pleas, General, Interpretation etc, Judges, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

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: SCA 19