High Court of South Africa Eastern Cape, East London Local Court - 2011

4 judgments
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4 judgments
Citation
Judgment date
June 2011
Quantum assessed: R300,000 general damages and reduced loss-of-earnings award due to insufficient proof of hawker income.
Road Accident Fund – quantum of damages; assessment of general damages for multiple orthopaedic injuries; loss of earnings — informal hawker — proof of income and application of contingency reduction; Section 17(4)(a) certificate for future medical expenses; evidentiary requirements where records are absent.
30 June 2011
March 2011
Court extended interim interdict preserving alleged partnership assets but dismissed contempt and joinder‑costs claims.
Interlocutory interdict — prima facie right, irreparable harm and balance of convenience — preservation of alleged partnership assets; Contempt of court — requires deliberate and mala fide breach proved beyond reasonable doubt; Interpretation of interlocutory orders — ejusdem generis and construing general words with specific words; Joinder and costs — applicant as dominus litis must join correct parties; Management of disputed assets pending trial — limited to ordinary letting practices and proper accounting.
25 March 2011
Interim interdict granted where tender cancellation and re‑award were procedurally unfair and irrational; expedited review ordered.
Administrative law – tenders – cancellation and re‑award – tender process constitutes administrative action under PAJA – audi alteram partem duty to notify and allow representations on adverse information (tax clearance) – irrationality/unreasonableness of awarding cancelled tender to previously disqualified or non‑shortlisted bidders – balancing fair administrative action with learners’ right to education when granting interim relief.
16 March 2011
Applicant awarded interim contribution for legal and forensic costs to ensure equality of arms in maintenance/divorce proceedings.
Family law – Rule 43 pendente lite contribution – duty of support – equality of arms – interim funding for legal fees and forensic/accounting valuations where respondent’s means central to maintenance claim; marriage out of community does not bar asset investigation where respondent’s means are relevant; inadequate discovery and luxurious litigation conduct justify contribution.
15 March 2011