|
Citation
|
Judgment date
|
| August 2024 |
|
|
Leave to appeal was granted on whether a damages claim against attorneys was prescribed, turning on the timing of knowledge.
Prescription – commencement of prescription – professional negligence – knowledge of facts necessary for claim – interpretation of communications between attorney and client – leave to appeal – reasonable possibility another court may differ.
|
29 August 2024 |
|
SARS lawfully recovered pension funds via a s 179 TAA third‑party notice; PFA s 37A does not bar such recovery.
Tax law – Tax Administration Act s 179 – third‑party appointment/IT88 – pay‑now‑argue‑later enforcement of tax debts Pension funds – Pension Funds Act s 37A – interaction with later TAA provisions; implied override by later statute Constitutional law – right of access to social security (s 27) – reasonable and justifiable limitation by tax recovery measures Civil procedure – condonation for late filing – test applied and granted
|
27 August 2024 |
|
An interim arbitration measure does not attract statutory post-award interest where contract expressly excludes interest on adjudication amounts.
Arbitration and interest – Interim measures do not constitute awards under s29 Arbitration Act; Interest Act inapplicable absent judgment/award; Contractual no-interest clause binds adjudication amounts; Civil procedure – amendment incompetent where court order has defined issues; lis pendens and arbitration process limit court intervention.
|
20 August 2024 |
|
Condonation granted for late statutory notice: good cause and minimal prejudice, despite uncertain prospects.
Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 — s3(2)(a), s3(4): condonation for late statutory notice; requirements of prescription, good cause and unreasonable prejudice; assessment of prospects of success; weight of applicant’s bona fides and explanation; litigation costs by organ of state insufficient to show unreasonable prejudice.
|
20 August 2024 |
|
An estate representative may enforce a valid written deed of sale against a purchaser; payment must be made to the estate under estate administration rules.
• Property law – Alienation of Land Act s 2(1) – written deed of sale for land signed by parties is required and enforceable. • Succession/estate administration – letters of authority under Administration of Estates Act empower the estate representative to claim monies due to the estate and require payment into estate accounts. • Contract interpretation – peremptory written terms (entire agreement clause) bind parties; extrinsic, unattested statements cannot vary the deed. • Civil procedure – where no real dispute of fact exists, monetary claims under admitted written contracts may be pursued by motion.
|
20 August 2024 |
|
A plaintiff is entitled to have legal representation present during Rule 36 psychological and psychiatric assessments.
Rule 36(1) – medical examinations for damages – entitlement to legal representation at forensic psychological and psychiatric assessments; application of Goldberg; admissibility and protection of audio‑visual recordings; constitutional rights to bodily and psychological integrity; costs order including two counsel and expert costs.
|
13 August 2024 |