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Citation
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Judgment date
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| December 2016 |
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Reported
Whether an entity that did not submit a tender in its own name has locus standi to challenge a tender award.
Administrative law – tender review – locus standi of bidder who submitted bid on behalf of another entity – own‑interest standing under section 38 and just administrative action – admissibility of further evidence – costs (counsel scale).
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21 December 2016 |
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Reported
Appeal from LCC confirmation under ESTA s19(3) lies to SCA; dismissal does not automatically terminate right of residence.
Extension of Security of Tenure Act (ESTA) — section 19(3) — automatic review by Land Claims Court — wide review and appellate powers — decisions appealable to Supreme Court of Appeal; Jurisdiction — Restitution of Land Rights Act s37(2) and Superior Courts Act s16(1)(c) support appeal to SCA; Termination of right of residence — distinct from dismissal — must be lawfully terminated and be just and equitable under ESTA s8(1) (substantive and procedural fairness); Eviction — ESTA ss8,9,10 and 12 requirements; material breach and opportunity to remedy; Procedural irregularity — reliance on evidence led outside scope of permission vitiated decision; Limited eviction of subsequent occupant of specific dwelling to give effect to occupants’ rights.
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21 December 2016 |
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Reported
A bona fide, reasonable course of action and seeking Court guidance negates contempt for non‑restoration of possession.
Contempt of court — interim order to take all necessary steps to restore possession — mala fides as essential element of contempt — bona fide efforts and seeking Court guidance can negate contempt; costs — no order as to costs.
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21 December 2016 |
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Reported
Interim restoration of possession granted where applicants met Setlogelo test; eviction of current occupants requires lawful process and hearing.
Interim relief — ESTA and s 26(3) Constitution — Setlogelo test for interim interdicts — meaning of "all necessary steps" to restore possession — joinder and audi alteram partem in eviction contexts — availability of alternative accommodation — punitive costs (attorney-and-client) for unlawful/inauspicious eviction conduct.
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21 December 2016 |
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Reported
Whether a third party who occupies a house after an eviction has a direct and substantial interest requiring joinder to ensure effective relief.
Joinder — direct and substantial interest — eviction proceedings — reoccupation of dwelling by third party after eviction — necessity of joinder to ensure effective appellate relief; constitutional protection against eviction (s 26(3)); ESTA considerations; suspension of execution on appeal and effect on derivative occupation.
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21 December 2016 |
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Reported
An LRA arbitration award is not extinguished by ordinary prescription; Prescription Act does not bar enforcement of such awards in LRA process.
Labour law – LRA arbitration awards – Prescription Act – applicability of Chapter III to awards – whether award is a "debt" – interruption of prescription by CCMA referral or review – enforcement via section 158(1)(c) – constitutional right of access to speedy dispute resolution.
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15 December 2016 |
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Reported
An imperfectly reconstructed trial record may still permit a fair appeal if it is sufficiently adequate for proper consideration.
Criminal procedure – lost trial record – reconstruction of record from presiding officer’s notes – requirement to involve parties and ensure transparency – adequacy assessed by whether record permits proper consideration of appeal. Constitutional right to fair trial (s 35(3)) includes right to appeal; imperfect reconstructed record may suffice if adequate. Duty to reconstruct rests primarily on the court, with obligations on the State and appellant; waiver of participation possible but requires high threshold.
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15 December 2016 |
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Reported
An amicus may have standing to seek leave to appeal, but intervention was refused despite procedural unfairness.
• Civil procedure – postponement applications – exercise of judicial discretion; audi alteram partem and right to be heard.
• Standing – amicus curiae – when amici may seek leave to appeal in the public interest (Campus Law Clinic factors).
• Appealability – interim/postponement orders – leave to appeal and the interests of justice.
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14 December 2016 |
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Reported
Section 21’s internal remedies do not apply to judicial review of the Premier’s recognition of a traditional leader.
Constitutional law; Traditional leadership — Recognition of traditional leaders — Section 21 Framework Act internal dispute-resolution applies to disputes within or between traditional communities or customary institutions; does not require exhaustion where the dispute is a direct challenge to the Premier’s recognition decision; PAJA exhaustion requirement inapplicable where no internal remedy exists above the Premier; remedial relief remitted to trial court.
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14 December 2016 |
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Reported
A statutory animal‑welfare body may privately prosecute where its empowering statute, read with section 8 CPA, so provides.
Administrative law; criminal procedure; private prosecutions — statutory conferral of prosecutorial power — interpretation of "institute legal proceedings" in empowering statute — section 6(2)(e) SPCA Act read with section 8 CPA; juristic persons; purposive and contextual interpretation; NPA oversight under section 8.
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8 December 2016 |
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Reported
Biowatch protection against adverse costs applies, but belated urgent proceedings imposing undue hardship can justify a costs order.
Constitutional litigation — costs — application of Biowatch principle to procedural/ancillary matters — abuse of process, vexatious or manifestly inappropriate proceedings — judicial discretion in awarding costs.
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1 December 2016 |
| November 2016 |
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Reported
Whether the Gory reading‑in of the Intestate Succession Act survives the Civil Union Act or was displaced by it.
Same-sex permanent partners — intestate succession — Gory reading-in of section 1(1) ISA — effect of Civil Union Act §13(2)(b) — interplay between judicially read‑in remedy and subsequent legislation — distinction from Volks (maintenance) jurisprudence.
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30 November 2016 |
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Reported
Whether a statutory gamete requirement for valid surrogacy unjustifiably limits reproductive and equality rights.
Children — Surrogacy — Section 294 Children’s Act (genetic-origin/gamete requirement) — Rationality and purpose — Best interests of the child — Reproductive autonomy (s 12(2)(a)) and psychological integrity — Equality (s 9) — Justification under s 36 — Remedy and costs.
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29 November 2016 |
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Reported
A third party's breach of its own lease does not automatically give rise to delictual liability for contractual exclusivity.
Delict — interference with contractual relations — whether breach of own lease by third party constitutes actionable interference; Country Cloud and presumed wrongfulness; unlawful competition (Aquilian) — scope and possible extension; interdictory relief based on contractual rights against third parties; role of dolus eventualis, motive and policy in wrongfulness enquiry.
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25 November 2016 |
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Reported
Section 17(2)(f) permits reconsideration in criminal matters where exceptional circumstances or new evidence arise.
Superior Courts Act s17(2)(f) — presidential power to refer a petition for reconsideration — applicable in criminal matters where CPA does not furnish the procedure; Interpretation of "appeal" in s1 SC Act — confined to Chapter 5 usage and contextual; Criminal Procedure Act s327 — post‑appeal ministerial petition, not an appeal; Receiving further evidence — balance between finality and justice; Constitutional rights implicated — fair trial, equality, access to courts (instructive for interpretation).
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15 November 2016 |
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Reported
Section 139 is constitutionally invalid because it permits provincial review that unlawfully intrudes on municipal planning autonomy.
Local government — municipal planning — exclusive municipal competence over zoning and subdivision; Separation of powers — provincial appellate review impermissibly intruding on municipal executive authority (section 156); Remedies — declaration of invalidity confirmed, prospective operation, pending appeals to continue with regard to municipal norms.
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10 November 2016 |
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Reported
An organ of state may bring a delayed reactive review to set aside an unlawful procurement extension; transfer ordered.
Constitutional law – procurement – section 217 obligation to procure in a fair, equitable, transparent, competitive and cost‑effective manner; PFMA section 38 and Treasury Regulations – deviation and appropriation requirements. Administrative law – reactive/collateral challenges by organs of state; PAJA delay and condonation; rule of law and principle of legality. Civil procedure – interim/interdictory relief and its limits where the underlying decision is unlawful; Oudekraal distinction between factual existence and legal validity. Contempt of court – duty to obey court orders until set aside; effect of successful subsequent review on contempt findings. Remedy – just and equitable orders including transfer management and timing.
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9 November 2016 |
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Reported
Whether reinstatement is appropriate after a grave racial slur; appeal allowed and six months' compensation ordered.
Labour law – LRA s193(1)-(2): remedies for unfair dismissal – reinstatement vs compensation; Administrative law – CCMA awards subject to constitutional reasonableness review; Peremption – waiver of right to appeal and circumstances permitting appellate intervention; Employment and equality – workplace racism and hate speech (extreme racial slur) and employer’s duty (especially organs of state) to eradicate racism; Arbitrator’s duty to consider intolerability under s193(2) and to give reasons.
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8 November 2016 |
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Reported
Whether section 197 applies where outsourced municipal services revert amid disputed assets and contract validity.
Labour Relations Act s197 – transfer of a business as a going concern – holistic factual inquiry (assets, employees, customers, continuity) – cautious use of comparative law – TUPE/service‑provision change not blindly imported – role of legal cause (contract validity) in delimiting factual enquiry – leave to appeal refused (majority).
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1 November 2016 |
| October 2016 |
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Reported
Victims’ Charter rights do not confer an automatic right to present evidence; s105A vests discretion in court and prosecutor.
Victims’ rights – Victims’ Charter (s 2) does not create absolute entitlement to present evidence; victim participation is qualified. Criminal Procedure Act s 105A – prosecutor must afford victims a reasonable opportunity to make representations (s105A(1)(b)(iii)); court has discretion to hear victim evidence under s105A(7)(b)(i)(bb) which must be exercised judicially and is reviewable only for misdirection or irregularity. Plea and sentence agreements – factual matrix limits admissible sentencing material; inconsistency with agreed facts may justify refusing victim statements. Standing – victims lack automatic standing to set aside plea agreements absent procedural unlawfulness.
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25 October 2016 |
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Reported
An organ of state may mount a collateral challenge, subject to delay and remedy considerations; Ministerial ruling remitted.
Administrative law – collateral (reactive) challenge – whether an organ of state may raise invalidity of administrative action as defence when enforcement is sought – availability depends on circumstances, including delay and prejudice. Intergovernmental law – municipal exclusive competence – tariffs and surcharges on water supply – limits on national ministerial intervention under the Constitution. Statutory interpretation – Water Services Act section 8(9) – scope of ministerial appellate power versus municipal fiscal authority (s 229 Constitution). DoctrinalClarification – proper scope and application of Oudekraal and Kirland in constitutional era; invalidity, remedial discretion and just-and-equitable orders. Remedies – distinction between declaration of constitutional invalidity and the just and equitable remedial power of the courts; remittal for factual record and delay inquiry.
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24 October 2016 |
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Reported
A creditor’s acceptance of a third-party payment discharges secured debt; fraud by third parties does not automatically undo that discharge.
Property law – mortgage bonds accessory to principal debt – discharge of principal debt discharges accessory bond. Payment and discharge – third-party payment accepted by creditor effectually discharges debtor’s obligation even without debtor’s consent. Fraud – fraud between victim and perpetrator does not automatically invalidate payments accepted by an innocent creditor; victim elects rescission. Restitution/unjustified enrichment – proprietary subrogation requires evidence of impoverishment and a causal link to creditor’s funds; inadequate evidence defeats claim. Constitutional jurisdiction – no basis to develop novel common-law remedy on sparse facts; leave to appeal refused.
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21 October 2016 |
| September 2016 |
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Reported
A voluntary full‑and‑final settlement can validly waive an applicant’s access to the CCMA and Labour Court.
Labour law – Contractual and common‑law rights – Whether employment contracts confer a pre‑dismissal hearing right; Common law development – Whether courts should imply a universal pre‑dismissal hearing term in employment contracts; Settlement agreements – Full and final settlement clauses excluding recourse to CCMA/Labour Court; Public policy and constitutional right of access to courts – Application of Barkhuizen; Duress – Allegation of coerced consent to settlement.
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15 September 2016 |
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Reported
The applicant challenged s65J(2) as permitting emoluments attachment orders without prior judicial oversight.
Magistrates’ Courts Act s65J — Emoluments attachment orders — Whether EAOs may be issued without judicial oversight — Interaction with National Credit Act (ss129,130,90,91) — Right of access to court (s34) and protection of wages — Reading-in as remedy to require court authorisation and judicial consideration before EAOs issue — Prospective effect of remedy.
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13 September 2016 |
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Reported
A municipality must meaningfully engage occupiers under section 26 before seeking eviction under the PIE Act.
Eviction law; section 26 Constitution; PIE Act compliance; meaningful engagement (Olivia Road); court’s power under rule 6(6) to cure procedural defects; adequacy of notice and participation measures; relevance of compliance to future eviction applications.
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8 September 2016 |
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Reported
Court confirms that ministerial powers to suspend, discipline or remove IPID’s head infringe constitutionally required independence.
Constitutional law – independence of police complaints body – s 206(6) Constitution – IPID’s structural and operational independence – ministerial powers to suspend, discipline or remove Executive Director – incompatibility of s 6(3)(a) and 6(6) IPID Act, ss 16A(1), 16B, 17(1), 17(2) Public Service Act and reg 13 IPID Regulations – reading-in of SAPS Act s17DA(3)–(7) pending legislative cure – interim disapplication – costs awarded to applicant.
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6 September 2016 |
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Reported
Repeated meritless applications cannot prevent enforcement of a striking-off order; the respondent Society must act to protect the public.
Professional discipline – striking an advocate from the roll for theft and unethical conduct – validity of striking-off proceedings and limits on procedural supplements.* Civil procedure – repetitive, meritless applications to the Constitutional Court – abuse of process and inability to delay enforcement of orders.* Professional ethics – continued practice after striking-off – unlawful practice, potential contempt and risk to fairness of proceedings.* Role of professional body – duty of Society to enforce striking-off orders and protect public and courts.
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1 September 2016 |
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Reported
Employer’s mid‑strike ‘gesture of goodwill’ did not negate a protected strike; dismissals were automatically unfair and reinstatement ordered.
Labour law – strike and dismissal – protected strike; Afrox/worker‑solidarity principle; effect of adding impermissible demands; employer’s onus to prove compliance or abandonment of a protected demand; dismissal for participation in a protected strike automatically unfair – reinstatement with retrospective effect.
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1 September 2016 |
| August 2016 |
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Reported
A sentencing court may impose a non-parole period only in exceptional circumstances with evidence and prior notice to parties.
Criminal procedure – non-parole orders under s276B(1) of the Criminal Procedure Act; non-parole period limited to two-thirds or 25 years; non-parole orders require exceptional circumstances supported by evidence; sentencing court must invite submissions on whether to impose a non-parole period and its length; failure to make factual findings or to hear parties is material misdirection; interplay with constitutional rights (s12(1)(a), s35(3)(n)); where non-parole order set aside, s73(6)(a) provides parole consideration after half sentence.
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30 August 2016 |
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Reported
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25 August 2016 |
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Reported
Rescission dismissed: Conference orders cannot be rescinded under Rule 42; Hlophe applies when disqualifications prevent a quorum.
Constitutional Court procedure – applications for leave to appeal – summary disposal at Conference under Rule 19(6) – Rule 42(1)(a) inapplicable to Conference orders – disqualification of judges, quorum and Hlophe principle – rescission refused.
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24 August 2016 |
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Reported
Police must exercise arrest discretion in light of the Bill of Rights and accord a child’s best interests paramount.
Constitutional law – rights of the child – section 28(2) (best interests paramount) – must inform exercise of police discretion when arresting children. Criminal Procedure – s40(1) (police discretion to arrest) – permissive “may” requires proper, Bill of Rights‑compliant exercise. Detention – s28(1)(g) – child may be detained only as last resort and for shortest appropriate period. Arrest and detention are distinct processes under the Constitution and CPA. Remedies – arrest/detention unlawful; Minister liable; remitted for quantum; costs awarded including two counsel.
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11 August 2016 |
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Reported
Dismissal of an exception about s127(2) NCA notice in an opposed matter is not appealable; receipt issues are for trial evidence.
National Credit Act s127(2) – notice after termination/surrender – requirement that consumer be given estimated value and prescribed information – effect of non‑compliance on sale and recovery. National Credit Act s130(3) – procedural/jurisdictional precondition: court may determine matter only if procedures in ss127/129/131 complied with. Appealability – Zweni test: finality, definitiveness of rights, dispositive effect; dismissal of exception in opposed matters ordinarily not appealable. Sebola/Kubyana – probable receipt standard applies to section 129 notices in default judgment; in opposed matters compliance is a factual issue for trial. Exception procedure – inappropriate to resolve contested factual issue of receipt where affidavit/evidence exists or trial is available.
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4 August 2016 |
| July 2016 |
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Reported
NCOP failed to facilitate constitutionally adequate public participation, rendering the Restitution Amendment Act 2014 invalid.
Constitutional law – public participation – National Council of Provinces’ duty under s72(1)(a) – reasonableness standard – truncated timeline and inadequate provincial hearings rendered process constitutionally defective; Restitution of Land Rights Amendment Act 2014 declared invalid with prospective effect; interim interdict preventing processing of claims lodged from 1 July 2014.
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28 July 2016 |
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Reported
Warrantless search and seizure powers in s11(1)(a) and (g) unjustifiably infringe privacy; invalidity confirmed prospectively.
Constitutional law – privacy and dignity – warrantless search and seizure – Drugs and Drug Trafficking Act s11(1)(a) & (g) unconstitutional; limitation analysis under s36; prospective declaration; remedy and costs.
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27 July 2016 |
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Reported
Court retained declaratory remedy, discharged structural supervisory order and remitted technical relocation and housing matters to the High Court.
Constitutional law – structural interdicts and supervisory jurisdiction – when to discharge supervisory orders and remit implementation issues to a trial court. Civil procedure – referral/remittal to High Court for oral evidence and technical fact-finding under Superior Courts Act. Housing law – declaratory relief protecting section 26 rights retained; implementation and technical relocation disputes remitted for supervision. Costs and condonation – late expert filing condoned; municipality ordered to pay specified costs.
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26 July 2016 |
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Reported
Interim interdicts halting municipal name changes require proof of irreparable harm and careful respect for separation of powers.
Constitutional law — appealability of interim orders — interests of justice standard; Civil procedure — requirements for interim interdicts (prima facie right, irreparable harm, balance of convenience, no alternative remedy); Separation of powers — judicial restraint in ordering relief that halts municipal executive action; Administrative law — role of public participation disputes in review proceedings; Costs and practical effects — financial consequences as factor in appealability.
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21 July 2016 |
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Reported
Refusal to appoint based on overrepresentation was unfair where the employer used national rather than regional demographic benchmarks.
Employment equity — validity of employment equity plan — requirement to take into account national and regional economically active population demographics when setting numerical targets (s 42) — Barnard principle applies to African, Coloured, Indian groups and to gender — numerical targets v quotas — deviation mechanisms and flexibility — unfair discrimination where overrepresentation determined on wrong benchmark — appropriate remedial relief setting aside appointment decisions and ordering appointments/retrospective remuneration.
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15 July 2016 |
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Reported
Whether a spouse living on farm is an ESTA occupier and must be joined before eviction; consent and joinder critical.
Extension of Security of Tenure Act (ESTA) – meaning of “occupier” – “consent” may be express or tacit; s 3(4)/(5) presumptions of consent; distinction between occupiers in their own right and persons residing through/under occupiers (section 6(2)(d) resident family members); joinder: person with direct and substantial interest must be joined in eviction proceedings; ESTA eviction requirements – just and equitable termination; rule 31 and admission of late empirical evidence (must be incontrovertible or easily verifiable).
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14 July 2016 |
| June 2016 |
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Reported
A court may not delegate judicial power or order personal cost liability against non-parties without joining and hearing them.
Constitutional law — Judicial authority — Section 165 — courts alone exercise judicial power; prohibition on being judge in one’s own cause — delegation impermissible; Constitutional law — Right to fair hearing (section 34) — non-parties cannot be condemned without notice and opportunity to be heard; Civil procedure — costs orders and de bonis propriis liability — necessity to join and hear proposed personally liable persons before ordering personal cost liability.
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23 June 2016 |
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Reported
The applicant’s failure to record reasonably available voters’ addresses breached the rule of law; invalidity suspended so elections proceed.
Electoral law – section 16(3) Electoral Act – meaning of “available” addresses – entitlement of independent candidates to voters’ roll with addresses – prospective effect of Kham order – use of s 172(1)(b) remedial powers to suspend declaration of invalidity to avert constitutional crisis – supervisory six‑monthly reporting.
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14 June 2016 |
| May 2016 |
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Reported
Provincial admissions regulations upheld; MEC must set feeder zones within 12 months to secure equitable school access.
Education law; concurrent national and provincial competence – no automatic repugnancy; admissions regulations; prevention of unfair discrimination in admissions; MEC duty to determine feeder zones; HOD powers to determine capacity and place unplaced learners; administrative action and cooperative governance.
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20 May 2016 |
| April 2016 |
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Reported
An oral agreement to negotiate remuneration was enforceable; director had apparent authority and the claim had not prescribed.
Contract — oral agreement to negotiate in good faith — pacta de contrahendo enforceable where deadlock-breaking mechanism exists. Agency — ostensible/apparent authority — appearance of authority created by principal can bind principal; distinction between ostensible authority and estoppel debated (majority treats as distinct; concurrence treats as estoppel by representation). Pleading — ostensible authority may be pleaded in particulars; replication not essential. Prescription Act — ss 10(1), 11(d), 12(1), 12(3) — “debt” narrowly construed; obligation to negotiate is not a debt; claim not prescribed. Constitutional interpretation — s 39(2) requires rights-protective construction of Prescription Act.
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26 April 2016 |
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Reported
Whether paying only overdue instalments reinstates a credit agreement when the provider capitalised legal costs without demand.
National Credit Act s129(3) – reinstatement of credit agreement by paying overdue amounts, permitted default charges and reasonable costs of enforcement; meaning of “paying” and when enforcement costs are due and payable; capitalisation of legal costs; interaction with s129(4) (execution); notice/taxation/agreement of costs; registrar default judgments and s129(1) compliance.
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21 April 2016 |
| March 2016 |
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Reported
Public Protector’s remedial action is binding; President and National Assembly breached constitutional obligations by non-compliance.
Public Protector — Constitutional powers under section 182(1)(c) — remedial action may be binding depending on nature, context and language; national legislation cannot nullify constitutional powers. Exclusive jurisdiction — section 167(4)(e) — Court has exclusive jurisdiction where an actor-specific constitutional obligation of President or Parliament is at issue. Executive accountability — President’s obligations under sections 83(b), 181(3) and 182(1)(c); National Assembly’s oversight duties under sections 42(3) and 55(2). Separation of powers — Assemblies may scrutinise but may not usurp judicial function to set aside binding remedial action. Remedy — National Treasury to determine costs and President to pay and reprimand ministers.
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31 March 2016 |
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Reported
Prescription runs only once the creditor knows (or on reasonable grounds suspects) the facts giving rise to the debt.
Prescription — section 12(3) Prescription Act — meaning of "facts from which the debt arises"; creditor's knowledge requirement and reasonableness standard for constructive knowledge.* Medical negligence — when claimant has sufficient facts to suspect negligence and to seek expert advice such that prescription begins to run.* Pre-action notice — condonation for failure to comply with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.* Constitutional issues — access to courts (section 34) and interpretation of limitation provisions in light of section 39(2).
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30 March 2016 |
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Reported
Direct appeal refused: insufficient proof of irreparable harm and settlement order finality outweighed State Liability Act defect.
Constitutional procedure – direct appeal and interests of justice – factors for entertaining appeals against interim relief (Informal Traders factors). State Liability Act – section 3(4) service requirement for writs against State movables – jurisdictional/legality challenge to execution. Public finance – attachment of departmental bank account and whether such attachment constitutes prohibited withdrawal from Provincial Revenue Fund (section 226) and interaction with PFMA treasury/banking regulations (declined to decide). Finality of court orders – settlement agreements made orders of court and res judicata; PAJA review prospects limited (Eke). Interim relief – requirement to prove irreparable harm and balance of convenience; repayment/stay not ordered where applicants failed to substantiate harm.
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24 March 2016 |
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Reported
Section 11 may cover members, but arrest/removal of members for ‘disturbances’ must be restricted to Houses’ rules; words "other than a member" read in.
Parliamentary privilege – freedom of speech in the Houses – limits may be imposed only by the Houses’ rules and orders; national legislation (s 11) authorising arrest/removal of members for ‘disturbances’ improperly infringes constitutional privileges and immunities; remedy by reading-in “other than a member” to preserve provision as to non-members.
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18 March 2016 |
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Reported
An employer cannot lock out union members who were not party to the bargaining‑council dispute and received no demand.
Labour law — Lock-outs — s213 definition requires a demand directed to employees to be locked out; a lock-out notice cannot substitute for that demand. Industrial action procedure — s64(1)(a) and (c) — notice and conciliation: notice must be given to trade unions or employees who were parties to the dispute referred to the bargaining council. Majoritarianism and s32 extensions — neither converts a non‑member union into a party to a conciliated dispute for purposes of lawful lock-outs. Collective bargaining — orderly conciliation and the identity of parties to the dispute are determinative of lawful recourse to lock‑out.
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8 March 2016 |
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Reported
Reliance on unpleaded common-law grounds cannot circumvent ESTA’s requirements; termination and eviction must meet section 8 and 9 safeguards.
Property law/ESTA — eviction — requirement that section 9(2) notice set out grounds for eviction — owner may not rely on unpleaded common-law grounds at hearing. ESTA section 8(1) — termination must be lawful, just and equitable; courts must consider fairness, conduct, comparative hardship, expectation of renewal and opportunity to make representations. Constitutional law — section 26(3) protection against eviction without court order after considering all relevant circumstances; statutory scheme must be applied to protect vulnerable occupiers.
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1 March 2016 |
