Moor and Another v Tongaat-Hulett Pension Fund and Others (518 of 2017) [2018] ZASCA 83 (31 May 2018)

Interim interdict – preserving property pendente lite – based on res
litigiosa – requirements not met – fraud – inappropriate to make findings on motion – company law – companies in a group of companies are separate legal entities even if wholly-owned – no case made out for order restraining company holding majority shares in subsidiary from freely dealing with shares – nor directing company to exercise control in a particular manner.

Reconsideration of application for leave to appeal – s 17(2)(f) of the Supreme Courts Act 10 of 2013 – whether exceptional circumstance exists – claim for medical negligence damages – brain injury sustained during birth – whether hospital staff were negligent – if so, whether such negligence caused the brain injury – no exceptional circumstances

Electoral Act 73 of 1998 — compliance with election timetable — free and fair elections — section 19 of the Constitution — direct access — leave to appeal — Plascon-Evans test