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Citation
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Judgment date
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| November 2024 |
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Defendant’s wilful non‑compliance with an order to provide trial particulars warranted coercive relief and adverse costs.
Rule 21(4) – enforcement of request for trial particulars; contumacious non‑compliance and sanctions; court discretion to strike out defence or craft coercive orders; interplay with Rule 30A; double‑barrelled claims and prescription issues (Rademeyer).
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29 November 2024 |
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Applicants need not give reasons for removing directors; board must convene meeting after receiving drafted resolutions.
Companies Act s61(3) – shareholder demand to convene meetings; s62 and s65 notice and resolution requirements; s71 removal of directors – distinction between shareholder-initiated removals and board-initiated removals; directors not entitled to pre-meeting reasons for shareholder-initiated removal; interpretation of memorandum of incorporation; urgency under Rule 6(12) and section 61(12).
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28 November 2024 |
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Court ruled unlawful arrest and detention and awarded damages for lack of reasonable suspicion and procedural integrity.
Criminal Law—Arrest without warrant—Reasonable suspicion assessed—Lawfulness of arrest and further detention—Possible malicious prosecution.
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28 November 2024 |
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Contempt application dismissed: non-compliance not shown to be wilful and mala fide; payment plan ordered for assumed arrears.
Family law – enforcement of maintenance order – civil contempt – requirements: order, service, non-compliance, wilfulness and mala fides – evidential onus shifts to respondent once order, service and non-compliance proved – genuine efforts to purge arrears can defeat contempt – structured payment plan as alternative remedy.
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26 November 2024 |
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Insurer’s repudiation complied with PPRs; no duty to search prior applications; applicant’s challenge dismissed with costs.
Insurance – Long-term insurance – Policyholder Protection Rules (PPRs) – Rule 17.6.3(a) – Insurer must inform claimant in plain language of reasons for repudiation in sufficient detail. Insurance – Non-disclosure/misrepresentation – insurer entitled to avoid policy where applicant’s telephonic underwriting answers omitted material medical history. Insurance – No general duty on insurer to search prior application records or 'fossick' for earlier disclosures, particularly where different distribution channels/systems were used. Civil procedure – condonation – late filing of answering affidavit condoned where adequate explanation provided.
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19 November 2024 |
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Mother's relocation with child upheld pending further inquiry, as court prioritizes child's best interests interim.
Family law – Child custody – relocation of minor child by primary caregiver – best interests of child – interim arrangements pending Family Advocate’s report.
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19 November 2024 |
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A conditional Rule 34 tender tied to a sale and not complying with rule 34(5) cannot justify revising a costs order.
Costs — Rule 34 offers to settle — applicability where plaintiff is defendant in reconvention — peremptory compliance with Rule 34(5) — conditional tenders (payment upon sale) non-compliant — discretion to reconsider costs under Rule 34(12).
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14 November 2024 |