Tag: Uniform Rule 35(12)

Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Read More

Producing relevant documents: Uniform Rule 35(12) applied

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

Read More

Accessing preserved evidence: Instituting legal proceedings

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

Read More

Legal advice privilege: Disclosure and waiver

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

Read More

Good faith bargaining: Managerial prerogative voluntarism

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,...

Read More