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Applicant proved respondents wilfully breached a restraint order; suspended sentence activated, fines and suspended sentences imposed.
Contempt of court – motion proceedings – need to prove terms of order, knowledge thereof and contravention beyond reasonable doubt. Restraint of trade – enforcement – trading under different name or alleged change of control does not evade restraint order. Evidence – uncontested affidavits, documentary evidence and prior contempt finding justify activation of suspended sentence. Remedies – activation of suspended sentence, additional suspended imprisonment, fines and punitive costs (attorney-and-client).
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18 June 2013 |
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Plaintiff failed to prove common intention for rectification; defendant succeeded on counterclaim for defective dam workmanship.
Contract — Rectification — Onus on party seeking rectification to prove common intention/mistake on balance of probabilities; contemporaneous correspondence critical. Contract — Performance — failure to prove compliance with written specifications (capacity and SABS standards) bars claim. Delict/contract remedial claim — defective workmanship: expert report accepted; damages awarded for repair costs. Costs — successful defendant awarded costs, expert and inspection costs, with interest.
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11 June 2013 |
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The applicant suffered common assault and an unlawful, ulterior-motivated arrest by a police officer; damages and costs awarded.
Criminal procedure – arrest without warrant – legality – arrest effected for improper/ulterior purpose – onus on state to justify arrest.* Police misconduct – use of force and common assault – infringement of bodily integrity.* Evidence – credibility of witnesses, contemporaneous investigating officer’s statement outweighing later inconsistent testimony.* Remedies – damages for assault and unlawful arrest; interest and costs on High Court scale.
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4 June 2013 |